Because You Asked - Public
Members frequently request information on the same or similar subjects. We are putting this information on the website to reach the largest number of members possible. Please feel free to copy and disseminate the information to your fellow employees. We will use the question and answer format within broad subject areas to assist you in finding the information you desire.
ERIP:
Q: (09/30/09) Does EAA support or oppose enhanced retirement?
A: EAA supports the concept of an affordable early retirement as a means of helping to reduce costs for the city of Los Angeles. However, EAA’s primary duty is to protect its members’ benefits by ensuring the financial stability of LACERS.
Q: (09/30/09) Does EAA support the ERIP as currently reported?
A: No. The ERIP, as currently constituted, takes away EAA members’ right to vote on changes to their respective MOU’s. This agreement also waives legal rights of EAA members and EAA itself. This ERIP also establishes a new and very dangerous precedent, making City employees give up part of their retirement benefits for the rest of their lives. Even with all of the fundamental problems with this program, EAA Governors would have allowed EAA members to vote on it IF the proper voting procedure would have been allowed. The proper procedure would be one where members in each MOU would vote to approve or disapprove the co-pay increase for their respective MOU’s.
This ERIP punishes most members for the benefit of a few. Some of the negotiators are the people standing to benefit most from the ERIP. Draw your own conclusions. In addition, it is not a certainty that the desired 2400 will accept the ERIP, which could automatically increase the contribution rate for the remaining employees.
Q: (09/30/09) Can an EAA member take the ERIP?
A: Yes, if the COCU unions approve the ERIP. LACERS’ retirement benefits are determined by a majority vote of all the unions whose members are part of LACERS.
Q: (09/30/09) Will EAA members’ contribution to LACERS increase to the 7% or 7.15% or whatever the final number is, even though we did not vote on the ERIP?
A: Legally, NO! The contribution rate is determined by each MOU. In the case of EAA, our MOU’s all specify the 6% rate for employees hired after 1983 and the lower rate for those hired earlier. See section 7.2 of your MOU. EAA has NOT reopened its MOU’s and all provisions continue in full force. The COCU’s have reopened their MOU’s and agreed to the larger contributions, subject to ratification by their members.
Q: (09/30/09) What if the city goes ahead and illegally takes the higher percentage from EAA members’ paychecks?
A: This could happen if the COCU unions ratify the ERIP. EAA will pursue all legal remedies.
If the City does not take the additional contribution from EAA members, or if EAA is successful in its legal actions, the contribution rate for the members of the COCU will rise even higher.
FURLOUGHS:
Q: (09/30/09) If the furloughs are illegal as EAA states, why do we have to endure them?
A: Unfortunately, the legal process takes time. The City counts on this fact to discourage employees and cause the EAA members to blame their union, not management. EAA members are smarter than that.
Q: (09/30/09) What happened to the lawsuit EAA filed about furloughs?
A: EAA filed a lawsuit for injunctive relief. This was denied but has been appealed. Injunctive relief is generally granted only if irreparable harm would be done by letting an action stand and if the plaintiff (EAA) has an exceptionally strong case with little or no rebuttal by the defendant (City). While EAA met the strong case standard, the judge considered weak and non-germane arguments by the City and determined that any harm (lost wages) could be remedied later by reimbursement.
Q: (09/30/09) What about the full lawsuit?
A: The law requires that EAA exhaust all administrative remedies (the UERP) before it is allowed to file the full lawsuit.
Q: (09/30/09) Why is the UERP taking so long?
A: The Employee Relations Board (ERB) is the body that assigns a UERP to a hearing officer. Supposedly, the UERP about the furloughs is on an "expedited track". However, the ERB is appointed by the Mayor and approved by the city council, so they are dragging their feet until after the results of the MOU 8 representation election and the ERIP elections in hopes that EAA members will become disenchanted with the whole process. That is why it is imperative that all EAA members stand united.
Q: (09/30/09) If EAA wins the UERP or the lawsuit, what will EAA receive?
A: While we cannot make the decision for either the hearing officer or the judge, other furlough cases recently adjudicated in the United States have required that the affected employees be made whole by awarding them full back pay. Sometimes interest is also added to monetary awards.
Q: (09/30/09) What about my grievance about the change in shift and furlough?
A: The City is denying grievances at every level and is delaying its response at each level as long as allowed under the grievance procedure. When the grievances get to the arbitration level, the ERB will assign them to hearing officers. Once a few grievances have been decided at that level, we anticipate the City may offer negotiation for the remainder.
MOU NEGOTIATIONS:
Q: (09/30/09) With all the budget problems in the City, won’t our negotiations for new MOU’s be difficult?
A: Of course they will.
Q: (09/30/09) What is EAA’s negotiating strategy for this difficult time?
A: EAA does not disclose its strategies publicly as that can aid management in their preparation. However, EAA is committed to protecting every benefit possible for its members and ensuring that members’ futures are secure.
Q: (09/30/09) What are we going to get in this round of negotiations?
A: We cannot predict what the results as there are two parties to the negotiations. We have surveyed members to determine their desires so that the negotiating team can prioritize its agenda and determine the most effective strategy for achieving the best results.
Q: (11/20/07) How is the make-up of the negotiating team determined?
A: The team is composed of your elected Governors plus knowledgeable rank-and-file EAA members chosen by the Unit Governors for their expertise in the area being negotiated. The team's composition thus varies with the issue.
Q: (Rev. 09/30/09) Why does EAA not provide more information during negotiations?
A: No effective negotiations have ever been conducted in public, whether for a union contract or for any other contract. You can also look at any COCU negotiations to see that NO information was ever provided to their members until negotiations were completed. And for some issues, such as the ERIP, SEIU and some other COCU unions never provide all the information. EAA always provides full information when asking its members to vote on an issue.
EAA ELECTIONS: (Rev. 09/29/09)
Q: (09/30/09) When will this year's election for officers be held?
A: The due date for the submittal of petitions has already passed. The election committee is reviewing them for completeness and will announce the actual election schedule in the near future.
Q: (Rev. 05/20/08) Why should I return my ballot when there is only one candidate listed for an office?
A: Every vote counts. It is important to register your opinion on each and every ballot item as this assists successful candidates in pursuing their objectives once they are in office. Those elected can concentrate on the issues at hand knowing they received overwhelming support from the members they serve.
Q: (05/20/08) How can someone run for an EAA office?
A: EAA's Constitution and By-Laws control the election process. Prior to every election for union offices, an election notice is issued and is posted on this website. Detailed instructions are included with every petition. A member must follow the instructions accurately and completely to have her or his name appear on the ballot.
Q: (05/20/08) How is it determined if an election petition is qualified or not?
A: The Election Committee of the Board compares the petition as submitted to the election instructions that are part of the petition. Included are the following basic requirements:
1. The candidate must be a voluntary dues-paying member of EAA and in the correct bargaining unit (any unit for "at-large" positions) by the cut-off date. A cut-off date is needed to avoid having a moving target as some members join, retire, or change MOU every pay period. The cut-off date is set as close as practicable to the due date for the election petition.
2. The petition must contain the original signatures of at least 10 voluntary dues-paying members from the correct bargaining unit (any bargaining unit for "at-large" positions).
3. Campaigning is not to begin before the date specified in the instructions.
These minimal requirements are based on the premise that if a candidate cannot convince at least 10 members to support his or her candidacy, verify that the signatures are valid, or follow the simple instructions on the petition, he or she is not fit for office. Note that there is a protest period for any disqualification.
Q: (09/30/09) What determines whether an outside firm is used to count ballots?
A: This is determined by Board policy. Many factors are taken into consideration, including but not limited to timeliness, cost, type of election, and the subject of election. For the most common elections, the Board policy is:
1. To conduct MOU ratification votes in house. Note that no union uses an outside firm for its MOU ratification. Indeed, many unions require members to attend a specific union meeting during non-working hours to cast their votes.
2. To conduct officer elections with an outside company. Note that EAA will only hire a union company. This policy applies to all uses of outside companies, not just elections.
EAA FINANCES:
Q: (Rev. 09/30/09) How is EAA's staff compensated?
A: Unlike City employees, EAA staff members are hired at will, are on straight salary, frequently work more than 40 hours per week with no overtime compensation, pay Social Security, and do not participate in the City retirement plan. All EAA staff get identical COLA increases to those of other EAA members.
Q: (10/31/07) Why are EAA’s financial documents, including bills and audits, not public records?
A: EAA is a private, non-profit labor union. As such, its documents are not public documents and are not subject to public records disclosure. In addition, providing details of the financial operations of the union to representatives of management could undermine negotiation efforts and give management a distinct advantage. No union or private organization makes this information public.
Q: (04/03/07) How then, can members verify that EAA is using the members’ dues properly?
A: Any voluntary dues-paying member can review the annual audit of EAA’s finances by simply calling the office and making an appointment. This audit is conducted every year by an outside CPA firm and has been perfect every year for the past 7 years. In addition, the Board of Governors and its Finance Committee prepares and approves a budget, and reviews all expenditures made. The Board of Governors' Finance Committee reviews every single expenditure on a monthly basis to verify the appropriate use of EAA resources.