Tuesday, June 29, 2010

Quick note about a possible take over from another company

We spoke to Whitfield McTair today. The question on our mind was what exactly is the legal ramifications for another company that would take over the contract at SFO. And as we suspected, his answer is that another company is not legally obligated to honor our current CBA with Covenant. In other words, if Akal Security were to come in, they could slash our wages and benefits.

Security First @ SFO has decided it probably is a good idea for everyone to submit their resumes to Akal Security, in the event that this were to happen. And as Whitfield was stating to us, it's time that we all got involved and became politically active.

Stay tuned, as more information comes available.

4 comments:

  1. in regard of if ASAL do take over, the CBA 9.4 is no longer valid?

    9.4 Successor Clause

    This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. In the event an entire operation, or portion thereof, or rights only, are sold, leased, transferred or taken over by sale, transfer, lease assignment, such operation or use of such rights shall continue to be subject to the terms and conditions of this Agreement, for the life thereof.

    The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc, as well as successor contractors providing the services covered under this Agreement.

    This article shall apply equally to any and all successors of the signatory to this Agreement.

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  2. Good catch Luke. I forgot about that clause. I wonder if any legal minds out there know if this clause would definitively apply to another company taking over. It seems as it would but I do not know the ins and outs of the law like others do.

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  3. the sole duty of the Union is to protect its members' best interests and benefits. In this case, Union are obligated to persuade the successor of SFO security operation to honor the CBA. Whitfield should have known this clause, and/or discuss this with the union lawyers. After all, the more TSOs gets paid, the more Union gets membership dues in return.

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  4. I can't argue with any of that Luke. I will try and discus this with him the next time I talk to him.

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