STRIKE TO END UNION BUSTING!

Yesterday, November 1st, UE 228 members resoundingly voted down LDRM’s so-called “Last, Best, & Final” Offer. Members then authorized a strike action.

We voted down the offer because it did not include a return to work for our Chief Steward Shane and didn’t include any meaningful changes to telework. That’s unacceptable. Because LDRM declared this was their “Final” offer, we’ve been forced to take decisive action to get them back to the table to reach a fair deal. On Wednesday at 9:30 a.m., we will commence a twenty-four hour warning strike. UE 728 also rejected the offer and will be heading out at the same time.

We didn’t want to strike, but LDRM simply didn’t take our core demands seriously. We are going on strike for two primary reasons:

  1. We need meaningful progress on telework. LDRM offered us a couple small tweaks to the Situational Telework policy–that theoretically make it slightly more difficult for management to deny your reasonable request to work remotely–and then promised to continue negotiations on situational telework only after the rest of our contract was settled. Earlier this year, LDRM repeatedly failed to bargain in good faith over changes to telework, so their promise doesn’t mean much on its own. LDRM must do better than a telework policy that works only for them and not for us.
  2. Union Busting at the NVC and the KCC must end. LDRM has refused to bring Shane back to work at the NVC, or to offer a settlement for Tiffany, the illegally fired Chief Steward at KCC. If we allow the Program Manager to lie and say that “the Customer” directed an employee to be fired–absent any evidence–then no one is safe. If union leaders can be fired based on made-up stories, how will we enforce our union contract? There are many excellent gains in LDRM’s last offer, but they would mean nothing if the company can just keep ignoring our contract and then fire the key union leaders who push back. LDRM must bring Shane back to work immediately.

Organizers are working the phones already to notify members of our strike plans and to provide more specific details and instructions. For now, here’s what you need to know:

  • The strike will go 24 hours, from 9:30 a.m. on Wednesday to 9:30 a.m. on Thursday at both NVC & KCC
  • At 9:30, you will clock out, collect your things, and head out. You do not need to notify your supervisor that you are leaving.
  • We will March to the bus stop for a quick rally. You will need to “check-in” to document your strike participation. We will then head out to Rochester Ave to picket. Stay on public property at all times.
  • Second Shift will not report to work and does not need to call out. Second Shift workers will need to meet up to get rides to-and-from the picket line. “Shuttles” will be running all day. We’ll provide details on locations through non public-facing channels.
  • The picket line will go from 9:30 a.m. until 5:00 p.m.
  • On Thursday, First Shift should report to work at 9:30 a.m. Arrive early so that you can park and then rally again at the bus stop at 9:20 a.m. We will all head in together at 9:25 a.m. Second Shift should report to work at your normal time. 

For more information on strike plans, please check out the updated Strike Frequently Asked Questions.

What is LDRM Offering?

If we include the many weeks of bargaining between UE 728 and LDRM that laid the groundwork for most of our non-economic agreements, we are now nearly two months and nineteen sessions into contract negotiations. Historically, LDRM presents us with a so-called “Last, Best, and Final” 30 days before the start of an option period, which is December 1st. This means that we should not be surprised if we get a “Final” offer from LDRM at the conclusion of bargaining on Friday, October 31st.

WHAT THEY’VE AGREED TO SO FAR

Despite a lack of meaningful engagement on core issues like money, telework, accommodations, and bringing Shane back to work, LDRM has made numerous concessions that add up to real improvements. They have already agreed to the following:

  • DISCIPLINE
    • NO QUOTAS
    • Copies of all discipline will be provided to the Chief Steward within 1 business day (so the union can promptly file a grievance if needed).
    • Added an additional discipline step to make it harder to unfairly fire good employees: 1. Verbal, 2. Written, 3. Final, 4. Suspension, 5. Termination.
    • Quality/Performance discipline expires after 6 months; all other discipline expires after 1 year.
    • One Quality Error waived every month for each product.
    • All employees have a clean slate for quality-related discipline.
    • PIPs are non-disciplinary, are not a disciplinary step, must include coaching and training, and you cannot be disciplined for failing to meet the terms of a PIP.
  • UNION RIGHTS
    • Increase union orientation time for new hires from 20 to 40 minutes.
    • Weaken “management rights” language to limit the company’s ability to establish new policies without first bargaining with the union, including enhanced bargaining rights over the use of AI.
    • Weaken the “no strike” clause by removing the union’s obligation to return striking workers to work and also allow members to refuse to cross a picket line if other NVC workers (PacArtic, guards) are on strike.
    • Union Bulletin Board Postings no longer require management approval for certain postings.
    • Grievances
      • Program Manager removed from the grievance process.
      • Management representatives must have authority to resolve a grievance during a grievance meeting (instead of denying because “I’m not authorized”).
    • Paid steward time increased from 16 to 24 hours each month, saving the local money in lost time payments for stewards (stewards must clock out when doing representational work).
  • WORKER RIGHTS
    • Expanded layoff & recall rights so that workers have more control on where they go when positions in a department are eliminated (e.g., 2nd Shift SCAN, TI)
    • Management cannot change qualifications for job postings for GC I, DE II, or CSR I positions and can only require assessments if you have not previously taken and passed that assessment (e.g., typing test, customer service assessment).
    • Cannot send workers home involuntarily for system downtime; you can choose to leave or stay and get paid through to the end of your shift.
    • Schedules
      • Opened up possibility (no guarantee) of 3-day (12 hour) and 4-day (10 hour) schedules
      • Can choose from any start time between 6:00 a.m. and 8:00 a.m. (1st Shift) or 2:30 p.m. and 4:00 p.m. (2nd Shift). Times outside of these range allowed with management approval. Can change your start time at any time.
      • Temporary Schedule Arrangements (adjusting start & end times, scheduled workdays, shift, temporary part-time) up to 90 days at a time for medical, family, childcare, military, educational, or other personal circumstances are available as long work, supervision, and workspace is available during the requested schedule.
      • Part-time Schedules between 20 & 32 hours each week are available if seating & supervision are available. Can be denied based on “business needs” but “business needs” can’t be the only reason for the denial.
      • Paid Lactation Breaks of an additional 15 minutes each workday to express breastmilk (this is to combined with other breaks in coordination with your supervisor to allow enough time for each visit to the lactation room).
    • Make-up Time
      • Can make up a full shift.
      • Available if supervision, work, seating is available; if hours are scheduled during the same workweek; and if you are not excessively calling out and then making up time after the fact (better to schedule in advance).
    • Transfers to Different Tasks or Different Departments
      • Assignments are for work within a department; Transfers are for work outside of a department.
      • No temporary assignment or temporary transfer can exceed 60 days (down from 90).
      • No assignment or transfer may occur without first asking for volunteers.
      • Employees no longer have to be “qualified” (i.e., already trained) to volunteer for an assignment or transfer – unless the transfer is to Facial and you’ve already failed FR certification. This prevents situations like the repeated transfer of the same DR workers to SIV.
    • Overtime
      • Mandatory OT is prorated if you call out and clarified that you do not have to use PTO to cover missed OT.
      • If you have paid time off scheduled during an OT week prior to the announcement of OT, you do not have to work any mandatory OT that week.
      • If mandatory OT occurs, workers must be given one week off every 3 weeks.
    • Dress Code – Dropped their demands for changes to the dress code (LDRM had wanted “business casual” five days a week), excepting that business casual may be required with 48 hours notice prior to an official site visit.
    • Attendance
      • 4-minute grace period for all clock punches (up from 3 minutes).
      • Doctor’s note will now excuse unpaid absences (paid absences with vacation or sick leave are automatically excused).
  • BENEFITS & PTO
    • Paid closures for Presidential Proclamations, Executive Orders, or Federal Statute (NOT for weather or other circumstances)
    • Bereavement leave increased from 3 days to 5 days
    • Can no longer be required to use vacation for FMLA absences (can be required to use sick leave)
    • Can no longer be required to use vacation leave at any time: vacation is only used if you choose to use it. If you choose to use vacation for absences, you will be excused and not subject to discipline.
    • 401k match is every paycheck, not end of each year
  • WAGES
    • $0.20 increase to H&W (last proposal)
    • $0.75 increase to wages for all classifications (last proposal)

WHAT WE’RE STILL NEGOTIATING

  • Telework
    • LDRM last proposed situational telework, with small changes making it a little harder to deny requests
    • UE 228 last proposed improved situational telework and a monthly bank of 96 telework hours to be used at each worker’s discretion
  • Building Closures
    • LDRM last proposed employees must use situational telework for building closures (those who must work on site are paid; those who choose to work on site and can’t telework will not be paid)
    • UE 228 last proposed paid closures for all employees (unless LDRM agrees to vastly expand telework opportunities, in which case we are open to discussing situational telework options, but ensuring pay for every worker who does not have a card reader)
  • Shane
    • LDRM has rejected our demand to return Shane to work
    • UE 228 last proposed reinstating Shane with full backpay and benefits
  • Security Clearances
    • LDRM last proposed continued limitations on the union’s ability to challenge terminations when the company claims someone was fired at government direction.
    • UE 228 last proposed the ability to challenge terminations if we believe the company is lying about government direction (which is exactly what the evidence shows Madonna did regarding Shane)
  • Vacation
    • LDRM last proposed capping vacation rollover at 1.5 times your annual allotment (down from 2.5 times) and rejected increases to vacation days
    • UE 228 last proposed 5 weeks at 15 years and 6 weeks at 20 years
  • Wages/Money
    • LDRM last offered $0.20 for H&W, $0.75 for raises, no changes to Shift Differential, no changes to 401k match
    • UE 228 last proposed a $0.65 H&W increase, $2.78 flat raises, a 7.5% 2nd Shift Differential, and reclassifying Congressional CSR I to GC III (they are now doing adjudication work)

UE 228 Strike FAQ

With misinformation being spread by management both at the NVC and the KCC, we need to clear up the confusion. Don’t let management’s lies intimidate you our of exercising your legally-protected right to withhold your labor!

Q: Are we going on strike?
A: That depends…

  • We don’t want to strike. We’ll only strike if we decide we have no other choice.
  • We will only go on strike if a majority of members vote to strike. Strike votes will be well-publicized and will occur during a membership meeting–or multiple meetings, if necessary to ensure maximum participation. 
  • Members will only vote to strike if LDRM isn’t meeting our demands. If LDRM grants expanded telework, offers good raises, and brings UE 228 Chief Steward Shane Tassinari back to work, then it’s virtually certain that members won’t vote to strike.
  • A strike authorization vote does not mean that the local will immediately go on strike. The vote “authorizes” the Bargaining Committee to call a strike at a time that is most strategically useful during bargaining. After a strike authorization vote, circumstances may necessitate striking within a few hours, or a strike may not be called for many weeks (if it happens at all).

Q: Can I be fired for striking?
A: NO! Striking can feel like a big deal, but workers are on strike every day in this country–including today–and none of them are fired for being part of a strike. All that’s really happening when we strike is this:

  • We have a contract with LDRM
    • The contract is our agreement to provide labor in exchange for compensation
    • The contract also covers the terms of how we provide that labor, including what rights we have and what expectations LDRM is able to place upon us while we work
  • Our contract expires
  • Once our contract expires, we are not required to continue working unless LDRM offers us a new contract that we find acceptable

Our right to strike is protected by the National Labor Relation Act, which makes it illegal for an employer to fire, discipline, or retaliate against an employee who participates in a strike. Moreover, we would not return from strike without an “unconditional return to work” agreement, which is an added layer of protection ensuring that every striking worker can resume work without any consequences.

Q: Can striking affect my green card?
A: NO! Immigrant and non-immigrant workers in the U.S. have a right to participate in unions, including strikes. In fact, USCIS cannot even ask about your involvement with a union! The National Labor Relations Board has released a Know Your Rights infographic and a more detailed Immigrant Employee Rights notice that makes this clear.

Q: How long will a strike last?
A: As long as it takes. Once we go out, we need to be prepared to stay out until our demands are met and a new contract is ratified by a vote of the members.

That said, the frame of reference for most members is the UAW “Stand Up” strike against the Big Three automakers in 2023, which lasted about 6 weeks. It is highly improbable that we would have a strike last anywhere near that long. Unlike the Big Three, LDRM has pressure coming at it both from workers and from the State Department. The company’s failure to first prevent and then to rapidly resolve a work stoppage would seal LDRM’s fate for future contracts with DOS (or with any other agency for that matter). If LDRM responds to the strike by quickly agreeing to more of the union’s demands, the company will be able to ensure that the strike is very, very short.

In 2020, UE 728 workers at the KCC went on strike for one day after LDRM refused to give them raises (that’s right, LDRM tried to walk away from the table insisting that there would be NO RAISES that year). That one-day strike resulted in immediate increases of between $2.12 and $3.08 per hour depending on job classification. There are no guarantees, but experience shows that even short strikes can have dramatic effects!

Ultimately, members will be in control of how long the strike goes because members will democratically decide when to end the strike. This will most likely occur when LDRM offers a better deal that members find acceptable.

Q: I don’t have enough PTO to strike.
A: You cannot use PTO while striking.

Q: I can’t afford to strike.
A: You can’t afford not to strike. Striking is, in many ways, “paying yourself” by investing in your future. It’s meant to be a powerful thing when workers say “I’m so fed up with this company’s treatment, I’d rather sacrifice my pay right now than let their bad behavior continue.” And for the money you lose during the time you’re striking, you ultimately come out ahead because of the better raises and benefits that result from the strike.

But there may be some of us who are really struggling to keep our heads above water. That’s why the local has a Hardship Fund available for anyone who needs it. If a worker is faced with eviction, having utilities shut off, having a car repossessed, or is unable to afford their medication, the Hardship Committee will work with them to make sure the bill is paid or the prescription filled. We’re not leaving anyone behind!

There is presently more than $100k in the UE 228 Strike Fund. That is not enough to replace wages (to be prepared to do that, the local would need to massively raise dues contributions). But $100k is more than enough to make sure no one has negative financial consequences.

Q: Do I have to call out when striking?
A: NO! And you shouldn’t.

The Union will provide notice to LDRM when the strike begins. You will receive additional instructions to email management, advising them that you are on strike. This is one of the ways that we will thoroughly document your strike participation to ensure that you have the full legal protections afforded to striking workers.

LDRM Pushes…We Push Back

Following initial rapid progress, LDRM has now shifted to stonewalling on our most important non-economic proposals. They are refusing to meaningfully engage with the union’s demands on the following topics:

  • Telework
  • Returning Shane to Work
  • ADA Accommodations
  • Freedom from LDRM taking legal action for our social media posts

UE 228 presented our economic proposals on Thursday. We are demanding increases to paid time-off, paid building closures, and substantial wage increases. We need these improvements both to deal with rising costs and to compensate us for the extra expense of reporting for on-site work.

Our joint pressure campaign with UE 728 has produced some results, but we have a long way to go. So far, LDRM has agreed to the following on economics:

  • Increasing paid Bereavement Leave from 3 to 5 days
  • Workers will no longer be sent home without pay for system downtime
  • Union members have full control over when and if you use your vacation leave for absences–no more forced use of vacation time
  • $0.20 increase to H&W
  • 2.8% wage increases, 4.4% for GCI & GCIII

We’ve already started explaining how inadequate these wage and H&W increases are in 2025, when inflation and spiking insurance costs have eroded most of the gains we made since UE 228 formed in 2016. Sadly, LDRM does not respond to reason. They don’t even respond to being confronted with their lies. The only thing they’ve responded to are signs that workers are willing to fight for what we deserve.

So far, more than 400 NVC and KCC workers have already signed the strike pledge so that we can send LDRM a clear message: treat us fairly, or else.

If you care about telework, sign the pledge right now.
If you care about getting a real, meaningful raise, sign the pledge right now.
If you care about getting justice for Shane, sign the pledge right now.

There is no option to sit this one out. There is no neutral position. If you aren’t standing with your union, you’re standing with LDRM. We haven’t voted to strike–yet–but it’s essential that LDRM know we’re serious if we want to win a good contract. So, please, click here to sign the pledge right now!

If you want to learn more about what it means to be on strike, see our Frequently Asked Questions About Striking.

UE 228 Member Incident Report Form

📢 NEW: Report Workplace Issues with Ease!

We’re excited to introduce a powerful new tool for UE 228 members—the Member Incident Report Form. This form is designed to make reporting workplace issues quick, easy, and effective.


What is it for?

The Member Incident Report Form allows you to document and report concerns like:

  • Unsafe working conditions
  • Harassment or unfair treatment
  • Policy violations or inconsistencies
  • Scheduling, attendance, or supervision issues

Every report you submit helps the union organize and address the issues that matter most to all of us.


Why use it?

💪 Because nothing changes unless we act together.
Your reports give us the evidence we need to challenge management and hold them accountable under our contract. This form isn’t just a way to solve problems—it’s a way to build power and take action collectively.


How does it work?

Filling out the form is simple and confidential:

  1. Click here to submit your report.
  2. Provide details about the issue—what happened, who was involved, and why it matters.
  3. Add supporting documentation if you have it (optional).

Once submitted, a union steward will review your report and follow up with you if needed.


Get Started Now!

Ready to make your voice heard? Submit Your Incident Report Here.

UE 228 RATIFICATION MEETINGS

YOU MUST REGISTER IN ADVANCE TO BE ABLE TO ATTEND AND VOTE!!!

RATIFICATION MEETING REGISTRATION

  • You must attend meetings outside of working hours
  • Only UE 228 Members may attend (employees in probation can attend but cannot speak or vote)
  • Register for one meeting only
  • For security, you must use the Zoom app to join (no phone calls)
  • Registration for each meeting will close one hour before the meeting starts
  • The email address you provide will be used for secure, anonymous voting during the meeting

MEETING #1: December 1st, 11:00 AM – 12:30 PM
https://us02web.zoom.us/webinar/register/WN_C6w4t38_TqG1zzYcu7Bkyg 

MEETING #2: December 1st, 1:30 PM – 3:00 PM
https://us02web.zoom.us/webinar/register/WN_vXXCFaC8Qv-gdj3jbZn8KA

MEETING #3: December 1st, 5:00 PM – 6:30 PM
https://us02web.zoom.us/webinar/register/WN_WMqiFJBnTnKTLxW3Cv7DOw

MEETING #4: December 1st, 7:30 PM – 9:00 PM
https://us02web.zoom.us/webinar/register/WN_NUXoZuEdT4-Wm9VC82DO9Q

UE 228 NEGOTIATIONS: LDRM’S OFFER

LDRM presented its “Last, Best, & Final Offer” at the end of the day yesterday and stated that they had no room to negotiate any further. Because of this, we did not reach final agreement on all open contract items. This means it’s now up to the members to vote and decide whether to accept or reject the deal.

Prior to their final offer, we came to agreement on a number of significant improvements that are part of the package deal. Here are some of the biggest changes:

  • Ability to waive medical coverage without proof of coverage (unless receiving Medicare/Medicaid due to CMS requirements)
  • No changes to medical without mutual agreement of the Union
  • Prior to changing any other benefits, LDRM must give at least 60 days’ notice and negotiate with the Union
  • Discipline is removed from your record after 1 year
  • New hires receive one week of vacation after six months (and another week after one year)
  • Performance “standards” may not be enforced with disciplinary action (severely poor performance may still be subject to discipline)
  • Two extra days of bereavement for UE members who have to travel overseas to attend a funeral (5 days total)
  • LDRM must now negotiate with the union any time they want to make or change any rules or policies, or any time DOS requires any changes on the contract
  • Paid time to complete eQIP/maintenance of security clearance
  • Overtime pay after 32 hours in a holiday week now permanent for all holidays
  • Teleworking employees can choose vacation, make-up time, or LWOP for system downtime over two hours (need to coordinate with supervisor)
  • LDRM Handbook Attendance Policy eliminated (no “occurrences” and “no fault” discipline). Instead, they have to follow just cause and take into account the circumstances of any absence before deciding if discipline is appropriate

The other parts of LDRM’s package deal we did not reach agreement on. In addition to the above items, here’s what they presented as their best offer:

  • Inclement weather closures
    • Paid for employees who aren’t eligible to telework
    • Choice to use vacation, make-up, leave without pay if eligible but unable to telework
    • Teleworking employees are expected to work (but may be excused if weather interferes with the ability to work from home)
  • Telework
    • No agreement on permanent telework. Maintain current practices (which are subject to the grievance procedure)
  • Wages (effective April 1st each year)
    • 5%, 4%, 3%
    • H&W (current $5.92): $6.07, $6.27, $6.47
    • $1 differential for CSRI employees (TI & CI) while working on the phone
  • The new UE 228 contract would take effect March 1, 2023 and run through October 31, 2025

The Bargaining Committee is giving a neutral recommendation on the contract. No one will be telling you that you should vote one way or the other. The decision will be 100% up to UE 228 members. To hear all of the details and to cast your vote, you MUST register for one of the Zoom meetings by clicking on one of the links below!

RATIFICATION MEETING REGISTRATION

  • You must attend meetings outside of your scheduled shift
  • Only UE 228 Members may attend (employees in probation can attend but cannot speak or vote)
  • Register for one meeting only
  • For security, you must use the Zoom app to join (no phone calls)
  • Registration for each meeting will close one hour before the meeting starts
  • The email address you provide will be used for secure, anonymous voting during the meeting

MEETING #1: December 1st, 11:00 AM – 12:30 PM
https://us02web.zoom.us/webinar/register/WN_C6w4t38_TqG1zzYcu7Bkyg 

MEETING #2: December 1st, 1:30 PM – 3:00 PM
https://us02web.zoom.us/webinar/register/WN_vXXCFaC8Qv-gdj3jbZn8KA

MEETING #3: December 1st, 5:00 PM – 6:30 PM
https://us02web.zoom.us/webinar/register/WN_WMqiFJBnTnKTLxW3Cv7DOw

MEETING #4: December 1st, 7:30 PM – 9:00 PM
https://us02web.zoom.us/webinar/register/WN_NUXoZuEdT4-Wm9VC82DO9Q

STRIKE AUTHORIZATION: What does it mean?

On November 26th, UE 228 members held an emergency meeting to discuss the slow progress in contract negotiations with LDRM. The company has continued to maintain that a new union contract must be finalized by November 30th. If not, LDRM states that it will not negotiate wage increases to take effect until after 2023.

In response to this unreasonable demand, UE 228 members voted almost unanimously (99% YES) to authorize the 228 Bargaining Committee to declare a strike. What does this mean?

  • You have a legally-protected right to withhold your labor
  • No work stoppage would occur any sooner than March 1, 2023 following expiration of our union contract on February 28th
  • The Bargaining Committee would call for a strike only if necessary due to failure of LDRM to bargain in good faith over all mandatory subjects. If LDRM refuses to negotiate over wages after November 30th, that would be a condition where a work stoppage might be declared.
  • There would be several meetings and additional planning prior to the commencement of any work stoppage
  • We know there is still a path to a fair contract but LDRM must know that all options are very much on the table!