June 22, 2021

Dear UA Local 393 Sisters and Brothers,

The 393 negotiating team has been meeting for a few months. We sent the four (4) contractor associations (SCVCA – Santa Clara Valley Contractors’ Association, NCMCA – Northern California Mechanical Contractors’ Association, GBA – Greater Bay Area Association of Plumbing, Heating, Cooling and Mechanical Contractors & Industrial Contractors – UMIC Inc.), who represent our signatory contractors, our initial proposal the last week of April. SCVCA and GBA then informed us they wanted to meet with the 393 negotiating team without the presence of NCMCA and UMIC. At our first meeting with SCVCA and GBA, we came to an agreement. Unfortunately, we have not come to terms with NCMCA and UMIC.

Our current contract expires on June 30, 2021. Because of time constraints, we had a special called meeting on June 9, 2021, where the membership ratified the contract we negotiated with SCVCA and GBA. The following day, on June 10, 2021, the membership voted on the allocation of the first year wage increase we negotiated with SCVCA and GBA.

There are now only eight (8) days before our current contract expires. Although we are hopeful that we can come to terms with NCMCA and UMIC in this short amount of time, we must prepare for the possibility that we do not.

Because of this, we are scheduling a special called meeting via the Zoom platform to be held on Monday, June 28, 2021, at 5:30 pm. At this meeting we will vote on our options if we don’t reach an agreement with NCMCA and UMIC or vote to ratify a new contract if we do.

NCMCA and UMIC stated they will not pay retroactive pay if we do not reach an agreement with them by June 30, 2021. Below are the three options and the parameters associated with them if we do not come to an agreement with NCMCA and UMIC by the end of this month.

1. NO STRIKE
   1. We keep negotiating past June 30, until we have an agreement.
   2. Members working for contractors represented by NCMCA and UMIC will continue to work. However, they  will be paid less than members working for contractors represented by SCVCA and GBA.
   3. We can dispatch to contractors represented by SCVCA and GBA after June 30.
   4. We can dispatch to contractors represented by NCMCA and UMIC after June 30.
   5. The members working for contractors represented by NCMCA and UMIC will not be paid retroactive pay. They will not receive their raise until we have an agreed upon contract with NCMCA and UMIC.
   6. Any agreement we come to with NCMCA and UMIC will need to be adopted by SCVCA and GBA.
2. COOLING-OFF PERIOD, THEN STRIKE
   • We keep negotiating past June 30 for a specific period of time and strike only if we do not reach an agreement with NCMCA and UMIC in the allotted time.
   • If the membership votes for this option, we will then vote on the amount of time allotted for the cooling-off period.
   • Members working for contractors represented by NCMCA and UMIC will continue to work for that specific period of time. However, they  will be paid less than members working for contractors represented by SCVCA and GBA.
   • We can dispatch to contractors represented by SCVCA and GBA after June 30.
   • We can dispatch to contractors represented by NCMCA and UMIC after June 30 until the end of the allotted period of time.
   • The members working for contractors represented by NCMCA and UMIC will not be paid retroactive pay. They will not receive their raise until we have an agreed upon contract with NCMCA and UMIC.
   • Any agreement we come to with NCMCA and UMIC will need to be adopted by SCVCA and GBA.
   • If we do not come to an agreement with NCMCA and UMIC during the cooling-off period, members working for SCVCA and GBA will continue to work, and members working for NCMCA and GBA will be on strike
   • The Service Agreements (Northern California and Norther Nevada Refrigeration and Air Conditioning Agreement) (UA / MSCA National Service and Maintenance Agreement) have a no strike clause. So, members working under these agreements may not strike.
   • PLAs have a no strike clause. So, members working on projects covered under a PLA may not strike.

• STRIKE
  • We keep negotiating past June 30, but strike NCMCA and UMIC July 1.
  • We can dispatch to contractors represented by SCVCA and GBA after June 30.
  • If we do not come to an agreement with NCMCA and UMIC by June 30, members working for contractors represented by SCVCA and GBA will continue to work and members working for contractors represented by NCMCA and GBA will be on strike.
  • The members working for contractors represented by NCMCA and UMIC will not be paid retroactive pay. They will not receive their raise until we have an agreed upon contract with NCMCA and UMIC.
  • Any agreement we come to with NCMCA and UMIC will need to be adopted by SCVCA and GBA.
  • The Service Agreements (Northern California and Norther Nevada Refrigeration and Air Conditioning Agreement) (UA / MSCA National Service and Maintenance Agreement) have a no strike clause. So, members working under these agreements may not strike.
  • PLAs have a no strike clause. So, members working on projects covered under a PLA may not strike.

We will post on our website and email our members the following information by the end of this week.

• A list of all the contractors represented by each Contractor Association (NCMCA, SCVCA, GBA, UMIC)
• A list of all the projects covered under PLAs.

Use the link below to register for the special called meeting scheduled for Monday, June 28, 2021.