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Association of Legal Aid Attomeys
568 Broadway, Room 702A, New York, NY 10012-3225
212.343.0708 • FAX 212.343.0966
MEMO
To: ALAA Members
Fr: Michael Letwin
Da: September 13, 1995
Re: Proposed UA W Affiliation Agreement (attached)
Attached is the text of the proposed affiliation agreement between ALAA and the UAW. As
discussed in the August 25, 1995 notice, ALAA will vote on ratification of this agreement, and elect
officers, at the membership meeting on September 28, 1995, 4 p.m., at 1199 headquarters, 310 W.
43d Street.
This proposed agreement reflects a complex and thorough process that began in early 1992.
Since that time, our members have expressed the consensus in numerous meetings that the UAW’s
clout and national affiliation with legal services workers would greatly benefit ALAA. At the same
time, we have recognized that affiliation must guarantee: (1) ALAA’s autonomy and a democratic
internal structure; (2) reasonable union dues for individual ALAA members; and (3) retention by
ALAA of funds sufficient to properly serve our members.
With the assistance ofUAW Regional Director Phil Wheeler, ALAA representatives conveyed
to the International UAW these essential terms, to which the UAW agreed. Consequently, in
September 1994 the ALAA Executive Committee voted to recommend affiliation with the UA W,
subject to a specific agreement on funding ALAA’s operations (point three of the previous
paragraph). The latter issue was favorably resolved when on May 31, 1995 the UAW agreed to
ALAA’s proposed proposals (see attached Side Letter).
In the midst of these complex discussions, the U A W put its strike fund at our disposal during
PRESIDENT MICHAEL LETWIN e SECRETARY-TREASURER JUDY WHITING e VICE I’KESillENTS GEORGE ALBRO e RICHARD ARMSTRONG
BARBARA BYRNE e GAIL GELTMAN e NANCY GINSBURG e JUDITH GOLDINEK e MARIA-ELENA GONZALES e JEAN MANDIC
OFFICE MANAGER OLIVE MODESTE e LEGAL COII!’\SEL DA!’\IEI. ENGEI.STEIN
~36
8 Association of Legal Aid Attorneys
1992 and 1994 contract negotiations. Over the past year, they have provided indispensable assistance
in lobbying for Legal Aid funding, an effort which contributed significantly to full restoration of the
state Aid to Defense grant.
Further discussion will be necessary concerning specific modifications in our internal structure
that the UAW Constitution might require, including the titles and election of officers, and the
composition and selection of ALAA’s Executive Committee.
Given the importance of these structural issues to our membership, the UAW has agreed to
a three-year transition period during which we could maintain our existing internal structure while
carefully crafting necessary modifications that remain fully consistent with the democratic character
of our union. The UAW’s flexibility on this and other issues related to affiliation strongly suggests
that it will not be difficult to achieve that goal. In any event, there is little risk involved since ALAA
retains the perpetual right of disaffiliation.
Over the past year, the terms of this proposed agreement have been reviewed by the members
of ALAA’s Executive and Bargaining Committees. The final language has been approved by ALAA
counsel Danny Engelstein.
Please read the proposed agreement carefully and feel free to raise questions or comments in
upcoming office meetings, or by contacting the ALAA office. Members who wish may review the
International UAW Constitution (216 p.) at the ALAA office, or by contacting their union
representatives, who will receive fresh copies shortly.
As previously announced, to appear in a special bulletin, nominations for Union office,
candidates statements with a maximum length of about 750 words and/or .a small black-and-white
photo, and/or statements concerning the proposed UAW affiliation must be received at the ALAA
office by 5 p.m. on Thursday, September 21, 1995.
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PREFACE
e AFFILIATION AGREEMENT BETWEEN
ASSOCIATION OF LEGAL AID ATTORNEYS (ALAA)
AND INTERNATIONAL UNION, UA W1
AGREEMENT, made this day of September, 1995, between the Association of Legal Aid
Attorneys (hereinafter ALAA) and the International Union, UA W (hereinafter UA W).
WHEREAS, ALAA is a labor organization which has been certified by the New York State Labor
Relations Board as the collective bargaining representative of Staff Attorneys employed by the Legal
Aid Society (hereinafter LAS), who are covered by ALAA’s collective bargaining agreement with
LAS effective October 1, 1994 until September 30, 1998 (“the current agreement”); and
WHEREAS, the UAW is a labor organization with collective bargaining agreements in a wide variety
of industries, including non-profit organizations employing public interest law workers; and
WHEREAS, ALAA and the UA W share an overriding concern for the improvement and expansion
of quality legal representation for poor and working people, including a concern for the improvement
of terms and conditions of employment, and advancing the general interests of employees of LAS,
and a desire to bring those employees within the ranks of organized labor both in New York City and
throughout the country; and
WHEREAS, the UAW is willing to commit its experience, personnel, and other resources to
strengthen the bargaining effectiveness of ALAA, and to attempt to organize other public interest law
workers; and
WHEREAS, ALAA is willing to commit its experience, personnel, and other resources to help bring
unorganized public interest law workers into the ranks of organized labor; and
WHEREAS, the parties recognize that an affiliation between the two groups will enhance the ability
of each to achieve the above goals;
NOW THEREFORE, it is agreed that:
1. ALAA Authority to Ne2otiate
ALAA represents that, upon adequate notice and in compliance with its Constitution and
other lawful requirements, its governing Executive Committee has duly voted to negotiate
1Note: The footnotes herein are explanatory for ALAA members, and do not constitute part
of the text of this agreement.
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ALAAIUAWSeptember 1995 Affiliation Agreement Page2
2.
3.
with the UAW concerning possible affiliation with the UA W, subject to membership approval
ofthe terms ofthe affiliation. A membership vote of approval shall constitute application for,
and acceptance of, a UA W local union charter governed by the terms of this affiliation.
UA W Authority to Negotiate
The UAW represents that (1) it has full and lawful jurisdiction to organize public interest law
employees; (2) it has authority to enter into agreements of affiliation with other labor
organizations; and (3) the prospective affiliation of ALAA with the UAW has been approved
in the manner required by the UA W Constitution.
Effective Date
14 Effective as ofthe date hereof, ALAA will be an affiliate of the UAW upon the terms and
15 conditions of this Agreement.
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17 ALAA AS A LOCAL OF THE UA W
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4.
5.
6.
7.
Organizational Status
On the effective date that this Agreement is ratified by the ALAA membership, the UAW will
immediately charter ALAA as a local union. It will be known as The Association of Legal
Aid Attorneys, Local 2325, UA W Notice of this name change will immediately be
communicated to ALAA membership and any employers with whom ALAA has a collective
bargaining agreement. The new name will be used in all subsequent correspondence.
Bylaws
Local2325, UAW agrees to submit new bylaws to the UAW International President for itself
on behalf of any corporate entity established by ALAA, by October 1, 1998 which will
conform with the UAW Constitution.
UAW Constitution Governs
The new local union and its officers, agents and members will be governed in all respects by
the UAW Constitution.
UAW Resources
Upon affiliation, Local2325 and” its members will be entitled to all rights of membership and
to use all UAW resources otherwise available to a UAW local including the services of
international representative(s) and such departments as Legal; Research; Organizing; Social
Security; Community Services; Time Study; Education; Auditing; Arbitration; Community
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ALAAIUA W September 1995 Affiliation Agreement Page3
8.
9.
10.
11.
12.
13.
14.
Action Programs; Health and Safety; Public Relations; Civil Rights; Women’s; Consumer
Affairs; Technical; and Office and Professional.
Present ALAA Structure and Role
Subject to the UAW Constitution and applicable law, ALAA shall continue (1) its present
organizational structure, including, but not limited to, the election of officers, and the
appointment and election of unit representatives and shall enjoy independence with respect
to its internal affairs, and (2) its current collective bargaining relationship with LAS, including,
but not limited to, the negotiation and enforcement of its collective bargaining agreement, the
right to determine its own collective bargaining procedures, the right of ratification, and the
right of any checkoff provisions or authorizations to which the Association is a party. The
UAW agrees to continue ALAA as the separate autonomous local union and not to take any
action which would impair that status, without the consent of the membership of ALAA.
Collective Bar&ainin& A&reements
In future collective bargaining agreements, the exclusive bargaining agent will be designated
as the International Union, UAW and its affiliated Local 2325, UAW.
Political Independence
Subject to the UAW Constitution and applicable UAW policy, ALAA shall continue its
policies of political independence in all matters, including intra-union issues, and of pursuing
the goal of quality representation and equal justice for its clients.
Office and Staff
ALAA shall maintain its own staff, its own office and facilities.
Counsel and Consultants
ALAA may retain its own legal counsel and other consultants which it shall select.
Servicin& of ALAA Members
Except as provided in paragraph 7 (UAW Resources) and paragraph 12 (Per Capita Dues to
the UAW and Subsidies to ALAA), ALAA staff, counsel and consultants will take full
responsibility for servicing ALAA members.
ALAA Support for UAW Or&anizin& Efforts
ALAA’s full-time staff will play a significant role in efforts to organize other public interest
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ALAAIUAW September 1995 Affiliation Agreement Page4
15.
lawyers and legal workers into the UA W.
Per Capita Dues to the UA W and Subsidies to ALAA
A. Per Capita Dues to the UA W
Union dues will be distributed on the following basis:
Local Union
Strike Fund
International Union
Family Education Fund
38 percent
30 percent
30 percent
2 percent
As long as the strike fund remains above $500,000,000, ten percent (10%) ofthe
thirty percent (30%) distributed to the strike fund will be rebated to the local as
provided in Article 16, Sections 11(c), (d) and (e) ofthe UAW Constitution.
Three years from the date of this Agreement, the percentage of salary paid as per
capita to the International Union (30% for the International Union, 30% for the Strike
Fund, and 2% for the Family Education Fund), shall be based on the actual average
salary of the bargaining unit without regard to the salary cap provided in Item 2, A.
B. Subsidies to ALAA
In addition to the 38% of dues retained by ALAA and the strike fund rebate referred
to in the previous paragraph, the International President will give consideration to the
International Union providing a subsidy to ALAA?
C. State and Area CAP Councils
The local union will pay the required per capita to State and Area Community Action
Program (CAP) Councils and participate in CAP activities. 3
D. Backup Legal Assistance
Subject to the approval of the UAW Region 9A Director, the UAW shall provide
legal assistance in emergency or exceptional circumstances from the UA W Legal
Department, and/or in that Department’s discretion, from ALAA’s counsel, at the
2See attached side letter concerning subsidies.
3CAP is the UAW’s political action organization, to which UAW locals make a 3% per capita
payment.
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ALAAIUAW September 1995 Affiliation Agreement PageS
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UAW’s expense.
E. Strike Assistance
The UAW shall provide [a]ssistance in any labor dispute or strike in which ALAA
may engage, including but not limited to, full coverage by the UAW Strike Fund,4 as
provided for by the International UAW Constitution.
ALAA Representation Rights
Upon affiliation, local union members who are members of ALAA will have all rights of
membership under the U A W Constitution and the U A W will pay any national per capita tax
to the AFL-CIO that is applicable to the new local. ALAA and its members shall be entitled
to fair and equal representation on subordinate bodies ofthe UAW in accordance with the
UAW Constitution.
UAW Family Education Center
In addition to having access to the ongoing educational programs of the UAW, members of
the new local will also have access to the educational programs, including the scholarship
programs, at the UA W Family Education Center in Onaway, Michigan.
Periods of Prior Membership
For the purposes of eligibility to hold office in ALAA and the UAW, to represent ALAA at
the conventions of the UAW, to vote in elections, or otherwise to enjoy the benefits of
membership in ALAA and the UAW, periods of membership in ALAA shall be deemed to
have been periods of membership in the UAW.
Membership Lists and UAW Publications
Upon affiliation, the new local will immediately provide the UAW with its membership list,
including a list of the local union officers and representatives and, if different, a mailing list
of all employees covered by its collective bargaining agreements (if available). The UAW will
add these names to its master mailing list and Solidarity magazine will be provided to all
members. The appropriate copies of other UAW publications will also be provided.
~he UAW strike fund currently provides strike pay of$150 per week and health insurance
coverage for members and their families.
ALAAIUAW September 1995 Affiliation Agreement Page6
1 RIGHTS AND OBLIGATIONS OF MEMBERSHIP
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20.
21.
Initiation Fees
ALAA members in good standing as of the effective date of this Agreement, shall be entitled
to all the rights and benefits of membership in the U A W without payment of any initiation fees
or other charges. Persons who become members in good standing of the ALAA after the
effective date ofthis Agreement shall be entitled to all the rights and benefits of membership
in the U A W upon payment of the initiation fee5 and other charges generally required of all
members ofthe UAW, as well as the dues requirement then applicable to ALAA members.
Dues Rates6
The increases in current ALAA dues that will result from this Agreement shall be voted upon
by the ALAA membership in conjunction with the ratification of this Agreement. If ratified
by ALAA’s membership, ALAA’s dues will increase from the present . 77 percent of the
average ALAA salary ($360 per year) to the required UAW rate of 1.15 percent of salary
pursuant to the following terms:
A.
B.
Average Salary
The present ALAA average salary of$46,550 will remain the figure used to calculate
the actual dollar amounts collected as dues, notwithstanding that the average ALAA
salary may increase or decrease.
Schedule of Increases
The following schedule will govern the increases in the percentage of ALAA salary
payable as dues:
~he UAW initiation fee of$10-$50 would represent a reduction from the $100 strike fund
contribution which ALAA now imposes on new members.
6Extraordinary expenses in response to the crises of the past year, together with a decline in
the number of Staff Attorneys, has sorely taxed ALAA’s treasury. Thus, completely apart from the
issue of affiliation, the Union will not be able to maintain its existing level of funding without
increasing its dues, which remain low when compared with other unions, and which have remained
unchanged since 1989.
Based on previous feedback from ALAA members, the affiliation agreement maintains our
existing flat dues structure under which each ALAA member pays the same dollar amount, regardless
ofindividual salary. ALAA would also have the collective option of adopting the UAW’s graduated
dues structure under which each member would pay 1.15% of her actual salary.
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ALAAIUAW September 1995 Affiliation Agreement Page 7
22.
(1)
(2)
(3)
First Increase
In the first full month which follows ratification of this Agreement, the
percentage of ALAA salary that will be payable as dues will be increased from
the present rate of. 77 percent of $46,550 to .87 percent of $46,550. It is
agreed that this increase in the rate will result in an across the board dollar
increase in dues from the present $30 per member per month to $33.75 per
member per month ($404.98 per year).
Second Increase
One year from the date of the ratification of this Agreement, the percentage
of ALAA salary that will be payable as dues will be increased from the rate of
.87 percent of $46,550 to .96 percent of $46,550. It is agreed that this
increase in the rate will result in an across the board dollar increase in dues
from $33.75 per member per month to $37.24 per member per month
($446.88 per year).
Third Increase
Two years from the date of the ratification of this Agreement, the percentage
of ALAA salary that will be payable as dues will be increased from the rate of
. 96 percent of $46,550 to 1.05 percent of $46,550. It is agreed that this
increase in the rate will result in an across the board dollar increase in dues
from $37.24 per member per month to $40.73 per member per month
($488. 78 per year).
(4) Fourth Increase
Three years from the date of the ratification of this Agreement, the percentage
of ALAA salary that will be payable as dues will be increased from the rate of
1.05 percent of$46,550 to 1.15 percent of$46,550. The parties agree that
it is their intent to move towards the constitutional dues requirement of 1.15
percent of salary per month, per member. Any further increase, however, will
be negotiated between the UAW and ALAA, and ratified by the ALAA
membership.
Dues Collection
Subject to the UA W Constitution, ALAA shall continue to collect and control dues and shall
forward to the International Union the total amount according to the schedule outlined in
paragraph 18 and Article 16, Section 11 ofthe Constitution ofthe International Union.
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ALAAIUA W September 1995 Affiliation Agreement PageS
23.
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Strike Fund
It is understood that, as of the effective date of this Agreement, the ALAA and all of its
members in good standing, will be entitled to participate in all the benefits of the U A W Strike
Fund.
Ratification
The parties intend that ratification of this Agreement shall be conducted in accordance with
the procedures set forth in the ALAA Constitution and Bylaws and as required by law.
Current ALAA Treasury
ALAA shall retain dominion and control over its current treasury and all other assets, which
shall remain and continue to be its exclusive property. Expenditures from any funds will be
consistent with the UAW Constitution and applicable law. In the event of disaffiliation,
ALAA shall retain its treasury and all other assets existing on the date notice of disaffiliation
is given, or the effective date of disaffiliation, whichever amount is greater, subject to
payment of obligations of ALAA and/or the UAW outstanding as ofthe date of notice or
incurred in the ordinary course from the date of notice to the effective date of disaffiliation.
Collective Bargaining Status
It is the intention of the parties that the identity, continuity, bargaining status and other rights
and obligations of ALAA under any existing collective bargaining agreements or in
connection with any collective bargaining relationships shall not be affected by this Agreement
and the provisions thereof shall be interpreted consistent with that intention.
Severability
If any authorized tribunal holds that this Agreement or any provision thereof impairs any right
of ALAA under any collective bargaining agreement or relationship to which it is a party, then
this Agreement or the provision thereof shall be inoperative to the extent necessary to avoid
such impairment and the parties shall negotiate substitute provisions which will effectuate the
intent of the parties but avoid the aforesaid impairment.
Further Instruments
The parties shall, upon request, execute such further instruments as may be appropriate to
carry out the purposes and provisions of this Agreement.
ALAAIUAW September 1995 Affiliation Agreement Page9
1 RIGHT TO DISAFFILIATE
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29.
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Procedure
Notwithstanding any provision to the contrary in the UA W Constitution either now existing
or as hereinafter amended, or in the constitution or bylaws of any other labor organization or
federation to which the UAW is affiliated, or which becomes a party by merger or otherwise,
either party may terminate this Agreement and withdraw from affiliation on 60 days written
notice to the other. In such case, the parties shall cooperate in good faith to restore the
organizational status quo which existed prior to affiliation and to make an equitable
adjustment and accounting of their affairs. Any dispute regarding this provision, except in
regard to the absolute right to disaffiliate, which the parties do not resolve shall be submitted
to and decided by an arbitrator to be mutually agreed upon, or if no agreement is reached, to
an arbitrator selected pursuant to the labor arbitration rules and regulations of the American
Arbitration Association. The ALAA will give the UA W 30 days notice of any disaffiliation
vote. If the parties fail to resolve such problems and/or issues, the UAW will have the
opportunity to address the ALAA membership prior to them voting on terminating their
participation in this Agreement.
Freedom from Interference
The right to disaffiliate shall not be abridged by any action by the UAW, including but not
limited to any attempt to impose a trusteeship or administratorship, or to otherwise affect the
integrity of the ALAA’s independence, and the sending of a notice of disaffiliation shall take
precedence over any such action, rendering that action immediately of no effect.
UA W Not Liable
ALAA agrees that the UAW is not liable for any liabilities, claims or causes of action which
might be attributable to ALAA prior to or subsequent to the effective date of this Agreement.
32. Disputes
In any misunderstanding or dispute regarding any of the above or in respect to any matter not
discussed or contained in this memorandum of understandings between ALAA and the
International Union, UAW, the decision of the International Union President will be
controlling, subject to the appeals process set for in the International UAW Constitution and
to other applicable legal remedies.
RATIFICATION
33. This Agreement shall become effective only upon notice by ALAA to the UA W of ratification
by the members of ALAA in accordance with ALAA’s rules and procedures.
[Signatures]
ALAAIUA W SIDE LETTER ON SUBSIDIES
1 Subsequent to the ALAA membership approving the proposed Affiliation Agreement with the
2 International Union, the UAW will provide ALAA a subsidy based on the following understanding:
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2.
3.
4.
First Year
Effective with the first full month after which the Affiliation Agreement is approved and for
the first year, the UAW will provide ALAA with a monthly subsidy equal to 55.31 percent
of the per capita it pays to the International Union.
Second Year
For the second year, the UAW will provide ALAA with a monthly subsidy equal to 50.13
percent of the per capita it pays to the International Union.
Third Year
For the third year, the UAW will provide ALAA with a monthly subsidy equal to 45.83
percent of the per capita it pays to the International Union.
Fourth Year
22 For the fourth year, the UAW will provide ALAA with a monthly subsidy equal to 41.85
23 percent of the per capita it pays to the International Union.
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25 Notwithstanding the foregoing the maximum annual subsidy the UAW will provide ALAA with be
26 $125,000.
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28 During the fourth year, this matter will be reviewed by the International President or his designee and
29 the President of ALAA to determine the amount of the subsidy in future years. The objective of both
30 parties is to reduce the amount ofthe subsidy in future years while recognizing the value to the UAW
31 of ALAA being responsible for both negotiations and servicing.
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33 The specific arrangements for implementing the understanding set forth in this letter will be worked
34 out by the Chief Accountant ofthe UAW and the Financial Secretary of ALAA.
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36 [Signatures]
ALAA Roots -- An Unofficial Site 