This article was published in the March 2024 edition of UAWD’s newsletter, Members Voice. Read the full newsletter here.
Eight. Consecutive. Saturdays. That is the current production schedule at GM’s Wentzville Assembly, home to one of the original “Stand-Up” strike locals, UAW Local 2250.
With all the talk of work-life balance, how does this schedule not violate both the contract language concerning overtime scheduling? The UAW/GM National Agreement contains language with overtime protections. Specifically, only two out of three Saturdays can be scheduled for mandatory overtime. Known as “Plan A,” this rule is designed to protect members from being forced to sacrifice every weekend to earn a living.
However, the agreement also has provisions that specify when limits on mandatory overtime can be suspended. Article 12 of the Memorandum of Understanding on Overtime carves out “any plant whose operations are interrupted by emergency situations, such as single breakdowns of four hours or more, government mandated work, power shortages, strike, fire, tornado, flood, or Acts of God for a period of time necessary to overcome such emergencies.”
One of those “emergency situations” is not like the others. Is a strike an emergency or an Act of God? Oxford Languages defines an emergency as “a serious, unexpected, and often dangerous situation requiring immediate action.” In contract law, an Act of God is defined by Cornell Law School as “a severe, unanticipated, natural event for which no human is responsible.” Considering each agreement has an expiration date and the parties inform each other months in advance of their intent to bargain a new agreement, strikes are hardly “unexpected” or “unanticipated”.
If a strike is neither an emergency or an Act of God, that begs the question, “Why are we making up units lost to a strike”? Negotiations are an effort by at least two parties to reach an agreement. The company has a key role to play. When they avoid or delay bargaining, the company is the primary reason for a work stoppage. Why should the workers be forced to sacrifice, by making up units lost? If the company is an active, involved participant in negotiations, but an agreement can’t be reached by the deadline, it seems fair that both the union and the company bear responsibility. But by allowing the company to mandate overtime to make up lost units, the workers are forced to pay an outsized price.
If the company can mandate overtime to make up units lost during a strike, that means they can avoid any loss of revenue. As a union, we should focus on improving the lives of our members, both before and after a strike. Let’s improve our leverage during negotiations and the quality of life for members by resolving next contract to remove “strike” from Article 12.