From the IUE-CWA Legal Staff (Maybe)...
OK, so I was wrong...apparently, I was the only person surprised by the fact that Steve-O didn't file the motion on Friday. Let me pass on some information that I just received in my email that is being attributed to the IUE-CWA legal staff...do not take this for the gospel truth, always try to get clarification from your committeman or the Hall...
As you know, the 1113/1114 motion is a request under bankruptcy law, to legally terminate the current IUE-CWA/DELPHI Agreement. On 2-10-06, I asked the question "If Delphi files this motion, are we essentially working without a contract and can Delphi just throw out any benefit or provision they want?
The answer, handed down from our IUE-CWA Legal Staff, was NO. IF and When Delphi files the motion in court, the judge must set a court date within 6 weeks to hear Delphi's reasoning for the request to terminate the agreement. Our legal staff, on behalf of the IUE, would have until that date to file objections which will also be heard at this court date.
What could happen next?
2 things: 1) The Judge can impose a mandatory date to begin negotiations. 2) The Judge can impose the last best contract offer, which will replace our current agreement. As of now, the last best offer is the one that includes the $12.00 beginning wage tier. I've been told that any provision that costs Delphi money has been altered in this last agreement, which would include pension supplements. Now, whether or not you're already retired or you decide to retire in the near future; The PBGC must guarantee your pension if you have the credits earned.
What happens next if the judge imposes the last best contract on us?
Our union then would bring home copies of this agreement and set up a meeting for our membership to vote on it. If it's ratified, then we live with it for the next 6 years, if what I'm being told is correct. The 6 year contract is Steve Miller's demand. If we vote it down, then we go on strike. Once we go on strike our benefits will end at the end of that current month. If you happen to be on Sick Leave on the first day of strike, your benefits can be discontinued at the end of that month also. If you work strike duty, you can earn $200. strike pay starting on the 15th day of the strike, and $300. beginning on the 29th day. Health care expenses can be submitted to CWA relief fund for consideration. So that we are prepared, your commiteeperson will be around next week to register you for CWA Member! s Relief Fund Certification.
It is Judge Drain's sole responsibility to ensure that Delphi emerges from bankruptcy. The union's contention is that the judge would be ill advised to force that last $12.00/hr agreement on us, before negotiations in good faith take place. A mass strike isn't going to help Delphi's emergence from bankruptcy. Let's hope they're right.
Should I retire now, in the event that our contract is terminated?
At this time, there is nothing concrete that suggests that retiring now will be any more safe than retiring after a 1114 motion being filed. . This is frustrating, I know, but there are too many X factors subject to change. When your employer is in bankruptcy protection, the only sure thing is that your pension is also protected by the PBGC. They can't take away your pension credits. I hope our legal staff provides us with information to help you make an informed decision.
Can I retire when we're on strike?
The 30 and Out language could be thrown out, so therefore someone wanting to retire would be at the mercy of Delphi and the court.
How can Delphi file bankruptcy based ONLY on it's North America Operations?
I'm waiting on a web address that provides the official legal reference explaining how they can get away with this. What I do know, is that no Corporation can file bankruptcy for a division outside of the U.S., because it wasn't legally incorporated in the U.S.
I was never told that the Delphi Stock I bought was exclusive to only the North America Operations, isn't that fraud?
I heard the same question asked on AM 570 to two of our Congressmen, and one of them explained that this action has been checked and double checked. Is it wrong and dishonest, YES. Is it a legal action, unfortunately with NAFTA, GATT, and The WTO, a loophole has been created to allow U.S. Corporations to tunnel and funnel the money THAT WE MADE here in Warren and invest it in operations over seas . Then they say oops, we're broke. What a racket. Why do you think the Anti-WTO Demonstrations are so violent. It's scary , and it's going to get worse before it gets better. I have also requested the specific legal reference that spells out their right to reserve the over seas operation profits from Delphi's U.S. Operation! s. Will we ever buy Delphi Stock again? Survey Says: Hell No.
Like I said, I received that in my email from my buddy, Poopy, and it seems to have some pretty good information in it. It is being attributed to someone named "Rick", but I don't know who he is, so thanks, Rick.
Keep cool, guys...
Dawn
As you know, the 1113/1114 motion is a request under bankruptcy law, to legally terminate the current IUE-CWA/DELPHI Agreement. On 2-10-06, I asked the question "If Delphi files this motion, are we essentially working without a contract and can Delphi just throw out any benefit or provision they want?
The answer, handed down from our IUE-CWA Legal Staff, was NO. IF and When Delphi files the motion in court, the judge must set a court date within 6 weeks to hear Delphi's reasoning for the request to terminate the agreement. Our legal staff, on behalf of the IUE, would have until that date to file objections which will also be heard at this court date.
What could happen next?
2 things: 1) The Judge can impose a mandatory date to begin negotiations. 2) The Judge can impose the last best contract offer, which will replace our current agreement. As of now, the last best offer is the one that includes the $12.00 beginning wage tier. I've been told that any provision that costs Delphi money has been altered in this last agreement, which would include pension supplements. Now, whether or not you're already retired or you decide to retire in the near future; The PBGC must guarantee your pension if you have the credits earned.
What happens next if the judge imposes the last best contract on us?
Our union then would bring home copies of this agreement and set up a meeting for our membership to vote on it. If it's ratified, then we live with it for the next 6 years, if what I'm being told is correct. The 6 year contract is Steve Miller's demand. If we vote it down, then we go on strike. Once we go on strike our benefits will end at the end of that current month. If you happen to be on Sick Leave on the first day of strike, your benefits can be discontinued at the end of that month also. If you work strike duty, you can earn $200. strike pay starting on the 15th day of the strike, and $300. beginning on the 29th day. Health care expenses can be submitted to CWA relief fund for consideration. So that we are prepared, your commiteeperson will be around next week to register you for CWA Member! s Relief Fund Certification.
It is Judge Drain's sole responsibility to ensure that Delphi emerges from bankruptcy. The union's contention is that the judge would be ill advised to force that last $12.00/hr agreement on us, before negotiations in good faith take place. A mass strike isn't going to help Delphi's emergence from bankruptcy. Let's hope they're right.
Should I retire now, in the event that our contract is terminated?
At this time, there is nothing concrete that suggests that retiring now will be any more safe than retiring after a 1114 motion being filed. . This is frustrating, I know, but there are too many X factors subject to change. When your employer is in bankruptcy protection, the only sure thing is that your pension is also protected by the PBGC. They can't take away your pension credits. I hope our legal staff provides us with information to help you make an informed decision.
Can I retire when we're on strike?
The 30 and Out language could be thrown out, so therefore someone wanting to retire would be at the mercy of Delphi and the court.
How can Delphi file bankruptcy based ONLY on it's North America Operations?
I'm waiting on a web address that provides the official legal reference explaining how they can get away with this. What I do know, is that no Corporation can file bankruptcy for a division outside of the U.S., because it wasn't legally incorporated in the U.S.
I was never told that the Delphi Stock I bought was exclusive to only the North America Operations, isn't that fraud?
I heard the same question asked on AM 570 to two of our Congressmen, and one of them explained that this action has been checked and double checked. Is it wrong and dishonest, YES. Is it a legal action, unfortunately with NAFTA, GATT, and The WTO, a loophole has been created to allow U.S. Corporations to tunnel and funnel the money THAT WE MADE here in Warren and invest it in operations over seas . Then they say oops, we're broke. What a racket. Why do you think the Anti-WTO Demonstrations are so violent. It's scary , and it's going to get worse before it gets better. I have also requested the specific legal reference that spells out their right to reserve the over seas operation profits from Delphi's U.S. Operation! s. Will we ever buy Delphi Stock again? Survey Says: Hell No.
Like I said, I received that in my email from my buddy, Poopy, and it seems to have some pretty good information in it. It is being attributed to someone named "Rick", but I don't know who he is, so thanks, Rick.
Keep cool, guys...
Dawn
posted by Spencemo @ 4:35 PM
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