BRIEF HISTORY OF THE GUILD
The Guild started in April of 1978. A group of pharmacists determined that their future could no longer be left in the hands of the United Food and Commercial Workers Union (U.F.C.W.). Wages and working conditions had deteriorated to the lowest level in years. A decision was made for self-determination and the Guild For Professional Pharmacists was born.
The statewide hourly rate of pay had, in the past, been determined by the U.F.C.W. Union and the large drug chains. The final contract had always been decided by a vote of the entire bargaining unit. This bargaining unit consisted of ALL employees of the chain (5% pharmacists and 95% non-pharmacists). The non-pharmacists had always determined the pharmacist wages by out-voting them on the final contract. These salaries then became the standard rate of pay for all chains, independents, hospitals, and pharmacists employed by County and State facilities. This inability of the pharmacists to determine their own destiny led to the formation of the Guild.
The pharmacists employed by Sav-On Drugs initiated the formation of the Guild. These pharmacists filed petitions with the National Labor Relations Board seeking an election. The election would determine if the U.F.C.W. Union or the Guild For Professional Pharmacists would represent the Sav-On pharmacists in collective bargaining. The National Labor Relations Board, Region 31, set a date for a hearing.
The usual two-hour hearing turned into a six-day ordeal. The hearings involved petitions filed for the Guild for certification of the Guild as the bargaining agent for all Sav-On pharmacists. The Guild filed eight separate petitions on May 1, 1978 covers all pharmacists in stores then covered by the U.F.C.W. Unions jurisdiction, namely Locals 324, 770, 905, 1222, 1478, and 1167. At the same time, an all inclusive petition was filed for all non-union Sav-On pharmacists located in the Southern California area. Thereafter, on May 24, 1978 the Guild filed a petition seeking to represent pharmacists in the fifteen Pay-Less stores which had been acquired by Sav-On. On June 27, 1978 the Guild filed another petition, seeking to represent pharmacists employed at nine non-union Sav-On stores located in the Ventura-Santa Barbara-Bakersfield area. Finally, the Guild filed a petition on June 30, 1978 seeking to represent six non-union Sav-On stores located in the Northern California area.
The essence of the petitions filed (called "RC" petitions) was to obtain an order from the National Labor Relations Board stating that all Sav-On pharmacists should be included in a bargaining unit, and that an independent election, supervised by the National Labor Relations Board, should be held, wherein all affected pharmacists may choose to be represented by the Guild, the U.F.C.W., or no union.
In an attempt to block the holding of the election, and to delay further proceedings, the U.F.C.W. filed an Unfair Labor Practice Charge. The effect of the filing of such a case was to delay further proceedings in the RC cases until a determination was made with respect to the Charge case.
The U.F.C.W. Union and Sav-On Drugs had continuously opposed the formation of the Guild and the rights of the pharmacists to have an election. This was evident at the hearings on the RC petitions. At least 25% of the testimony and statements contained in the official transcript of the proceedings were composed of objections, motions to dismiss, and other statements by the U.F.C.W. Unions and Sav-On's attorneys. By use of the procedural ploy of each attorney representing different clients (different locals), each of the U.F.C.W. Union attorneys were then able to separately cross-examine, separately make motions, and separately make statements, rather than acting as a unified group.
The hearings were finally concluded after six days of testimony. Two months later the Regional Director made his decision. He ruled against the Guild. The Guild refused to accept this decision and, through our legal counsel, appealed to the General Counsel of the National Labor Relations Board in Washington, D.C. Again, hundreds of legal papers and many hours of attorney fees were required. The Guild raised the needed funds with the help of pharmacists from Sav-On, Gemco, and Kaiser. With financial strength and the pharmacist's ability to stick together, a legal battle began in Washington. This appeal process lasted ten months.
On July 31, 1979, Washington made its decision. The Local Regional Directors' decision was COMPLETELY REVERSED and an election was ordered. All pharmacists in all Sav-On stores in the State of California would be involved in the election. Winners take all. The Guild had defeated the multimillion dollar U.F.C.W. union and the multimillion dollar drug chain. The victory was so complete that it had national implications. Employee pharmacists throughout the country benefitted from the Guild's decision.
The U.F.C.W. Union and Sav-On Drugs then objected to each phase of the election process. All these objections were finally overruled and the election commenced. The U.F.C.W. Union and Sav-On Drugs then challenged most of the ballots. In one legal battle after another, the Guild fought the U.F.C.W. and Sav-On Drug attorneys and finally enough ballots were counted and the outcome of the election was determined.
The Guild For Professional Pharmacists had defeated the U.F.C.W. Union and Sav-On Drugs. The National Labor Relations Board then certified the Guild as the exclusive bargaining agent of all pharmacists employed by Sav-On Drugs in the State of California.
In 1979, (after the Regional Director ruled against the Guild and before the reversal in Washington), Sav-On fired two pharmacists who were on the Executive Board of the Guild. The result of the two firings was a demand by the Guild that Sav-On rehires the two pharmacists or there would be a withdrawal of our professional services. Sav-On ignored our demand to reinstate the two pharmacists and therefore, a meeting was called for all Guild members employed by Sav-On. The pharmacists voted to take action against the Company. More than 150 pharmacists walked off the job.
After two weeks of confrontation, Sav-On stood fast and the walkout was called off. The Company then fired sixty of the striking pharmacists. These 60 pharmacists plus 40 more, who quit the Company during the strike, put their jobs on the line at a time in history when success or failure of the Guild depended on their support.
The Guild filed charges against Sav-On with the National Labor Relations Board on behalf of the 60 fired pharmacists. The charges were based on the rights of employees to form, join and participate in labor organizations of their own choosing. These rights are guaranteed by the Federal Government. As these cases worked their way through the N.L.R.B., with the Guild winning decision after decision, Sav-On approached the Guild with respect to negotiating a settlement. Negotiations took place in 1982 and resulted in resolving 55 of the 60 cases.
The last five cases were resolved by the National Labor Relations Board. Sav-On ended up paying out more than $3,000,000 to the 60 pharmacists. The highest case was settled for $318,000. The average pharmacist received approximately $50,000.
It must always be remembered that these 100 pharmacists struck because the Company fired two of their colleagues. It was not an economic strike. It was a strike for the future.
The advances made by the Guild with respect to income and professional dignity are directly related to the action taken in 1979 by these pharmacists.
Although the Guild won the election, Sav-On refused to bargain by appealing the election results to Federal Court. In 1983 the Federal court ruled in favor of the Guild. Sav-On Drugs and the Guild began negotiations. On March 22, 1984, an agreement was signed. The Guild had overcome four years of legal maneuvers and had accomplished its original goals.
In January 1981, the Guild filed a petition, for an election, for 200 Payless pharmacists in Northern California. The Company raised the same questions in the hearing as did Sav-On. The regional Director ruled in favor of the Guild.
At about the same time as the Payless filing, the Guild also filed petitions for the Fed Mart pharmacists in Southern California. The Regional Director ruled in favor of the Guild, but it was appealed to Washington by the Company. Washington subsequently upheld the original decision. Further hearings were required due to some technical difficulties arising from the original filings, but an election was finally ordered for the Fed Mart pharmacists. The Guild won the election with 85% of the counted ballots and became the certified bargaining agent for most of the Fed Mart Pharmacists in Southern California.
The Guild then filed a petition seeking an election for all pharmacists employed by Kaiser in Southern California. The Kaiser pharmacists were also represented by the U.F.C.W. Union. The Company agreed to an election. There was no need for hearings and no delays. The election took place quickly. The Guild won and was certified as the bargaining agent for all Kaiser pharmacists in Southern California. The Guild had again defeated the U.F.C.W. Union.
Negotiations with Kaiser then took place and after three months of intensive bargaining, a contract was ratified by the Kaiser pharmacists. Within one year, the salaries of the Kaiser pharmacists had increased 18%. Under their U.F.C.W. contract, they were the lowest paid pharmacists in Southern California. Under their new Guild contract, they became the highest paid pharmacists.
The Kaiser contract represented the Guild's acceptance, by employers and pharmacists, as a mature, responsible and professional labor organization representing pharmacists.
In 1985, the pharmacists employed by Fedco elected the Guild as their representative. These pharmacists had been represented by the Teamsters. Negotiations resulted in the Guild's third collective bargaining contract.
In 1989, the Guild became the bargaining representative for the Kaiser pharmacists in Oregon and Southwest Washington, the pharmacists employed by the County of Los Angeles and pharmacists employed by Borman's in Detroit, Michigan.
In 1992, the Guild became to bargaining representative for the pharmacists employed by Fred Meyer in the State of Oregon.
In 1999, the Guild became the bargaining representative for the Kaiser pharmacists in Northern California.
The Guild For Professional Pharmacists had succeeded in accomplishing its 1978 goal. The Guild had successfully formed an organization composed, run and controlled by pharmacists. The organization had negotiated collective bargaining contracts specific to the needs of the pharmacists ands currently represents over 3,000 pharmacists.
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