Management has told ESC members still in negotiations for final salary and job descriptions that they will not receive their 2008 STIP payments until negotiations are finished. It is true that in a prior Letter of Agreement between ESC Local 20 and PG&E Management, it was agreed that STIP would not be paid until negotiations are finished. ESC never thought that negotiations would take over a year for these new members. Given the long delay, ESC has proposed waiving the portion of the prior Letter Agreement so that employees can receive their STIP payments now. Management now claims that they want employees to receive their STIP payments, but that somehow ESC is to blame for the delay. Here is PG&E Management's letter to employees: March 9, 2009
Dear ESC Represented Employee: I am writing this letter to inform you that you will not receive a 2008 Short Term Incentive Plan (STIP) payment this March. I also want to explain why this is so. You are part of a group of employees newly organized by ESC Local 20 under a neutrality agreement between PG&E and ESC Local 20. As a result of an arbitration decision interpreting the neutrality agreement, you became covered by the ESC agreement immediately after the card count in which more than 50% of the employees in your group chose ESC representation. The ESC collective bargaining agreement does not provide for STIP payments. Nevertheless, PG&E and ESC entered into a letter agreement providing for continued STIP participation for newly organized groups. In the letter agreement, PG&E and the ESC agreed that, even though newly organized employees would not have otherwise been eligible for STIP payments, the employees would still continue to be in the STIP until a final resolution was achieved in bargaining for each group. The parties also agreed that no STIP payments would be made to these employees until an agreement covering a newly organized group was ratified. The current state of bargaining over newly organized groups makes it clear that no STIP payment will be made in March. We believed we were close to reaching the end of bargaining for some of the groups. However, we experienced delays as a result of ESC making several voluminous information requests. We communicated our view that the requests were not relevant and would delay negotiations. However, the Company was legally obligated to respond to relevant portions of these requests and we have worked quickly to resolve them. We are committed to completing these negotiations as soon as possible and we want to see employees in the newly organized groups receive their STIP payments. However, our agreement with ESC provides that STIP payments will be made only after an agreement covering the newly organized group is ratified. If there is no successful ratification vote, no STIP payments will be made. We recognize the importance of STIP payments. That is one of the reasons why we have consistently proposed that STIP be a part of our overall compensation package designed to incent high performance. We will continue our efforts to bring these negotiations to a close as quickly as possible. Sincerely, John Simon Senior Vice President - Human Resources |