Chronology 2014

December 5, 2011: Start on the Redmond campus of the Microsoft's lab to certify apps for the Windows Store (10 Tier 1 employees supplied by Lionbridge Technologies)

December 12, 2012: Email to Dan Bross (Microsoft Corporate Citizenship and Public Affairs) about Microsoft's commitment to Human Rights via the UN Global Compact (article 24 of the Universal Declaration of Human Rights:  “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay”)

January 1st, 2013: Creation of the blog Campaign for the right to paid holidays for all employees in the US

August 2nd, 2013: Marilyse B is fired by Lionbridge after having asked for benefits for the Tier 1 employees. Soon later she files a charge with NLRB against Lionbridge for retaliation.

January 2014: NLRB finds in favor of Marilyse. She settles with Lionbridge and the charge is abandoned.

March 2014: Beginning of the organizing drive for TWA with the creation and collection of authorizing cards.

August 1st 2014: TWA files with NLRB the petition to organize a vote for the union. Creation of the blog Lionbridge Union to communicate with fellow lab workers. 

September 11, 2014: vote in favor of TWA as union representing Tier1 Lionbridge Technologies employees in the Windows Store App Certification lab in Redmond (at the time). 

October 11, 2014: Publication of The Other Microsoft by Philippe Boucher (Blurb.com and Kindle versions)

October 14, 2014: Bill Gates publishes on his blog 'Why inequality matters', his review of Thomas Piketty's book, Capital in the 21st century.

November 7, 2014: Philippe Boucher is disciplined by Lionbridge with a 'written warning' for The Other Microsoft because it 'unacceptably disparaged Microsoft and Lionbridge'.

November 8: contact via email with Microsoft's Board of Directors about the lack of paid leave for supplier's employees, situation described in The Other Microsoft.

November 14, 2014: collective bargaining first meeting

December 11, 204: Philippe Boucher files a discrimination charge against Lionbridge for the 'written warning' about The Other Microsoft. 

December 18, 2014: collective bargaining second meeting

Fifth and last propaganda session: the more sessions, the more they stay the same

You are smart: you have patiently and politely listened to the repetitive arguments trying to make you believe not trying to change anything is the best choice.

I should not worry or doubt one second your capacity to see through this attempt and in fact I don't. 

It's more my own frustration of having been forced to listen silently because I know better than wasting energy in useless debates. 

Therefore I'll resist the temptation to go on and on when our daily reality is the best antidote.

Please excuse the few remarks I cannot prevent myself to make: at least you are not obliged to read them and thank you if you do with all my apologies for not being the best advocate I'd like to be for our own common interests.

As I think about what we heard today and what I am trying to summarize now I feel it's like closing arguments in a trial.

During those 5 sessions Lionbridge has tried to convince us they are on our side and that our best interests are better taken care of by dealing with them on a one on one basis.

They have to convince us of that so that we decide and vote against our own interests: our best interest is not aligned with Lionbridge's best interest, at least the way LB is presently managed. 

LB only wants to maximize it's profits by giving us as little as possible. 

This situation is best defended by preventing us to organize and present a united front. 

They have to convince us a union is a bad idea that is against our own interests while of course the exact oppose is true.

If they have been able to make you believe the present balance of power is the most favorable to your interests they'll win. 

I am always amazed when people vote against their own interests but it happens very often.

Such is the power of the dominant ideology: the ideas that are the most frequently expressed, that represent the dominant interests, dominate.

In our case LB's dominant self interest is to keep paying us as little as possible, as they have managed to do and as they kept telling us they would continue to do.

Bottom line: whom do you trust as having your best interests at heart?

A few points they made:

LB seemed concerned about union dues. As mentioned earlier our proposed goal is $2 per month, $10 for this year if you agree about this rate. Is it excessive? You are not obliged to join the union, even at this rate.

It was ironic to hear again Obama care trumpeted as a benefit to come thanks to Lionbridge's generosity when it's a legal obligation and it's not even clear their proposal will be more interesting than what you eventually already have (through your spouse/partner for instance) nor how much we would have to pay anyway.

Is having a union going to be very time consuming?

To the point where you don't have time for your kids or for any leisure? 

You could almost cry at this argument if it was not coming from a company that does not provide any paid time off, no paid family time, nothing.

It was a bit much but how revealing of how out of touch they are (while they -of course- do have paid time off for themselves).

On our side, this whole election process did not require one big meeting: almost everything happened during short conversations during breaks and lunches with an extensive use of email and the blog.

Who would remain focused on physical meetings when one can use the net?

Of course we remained completely available when someone wanted to talk.

We are a small group of people who have been in the same boat for quite a while and we can relate on a different level than what can be shared with management.

Asking for basic benefits is not rocket science and who is not for it?

It's true we have been through many changes except for remaining classified as temps and not gaining any raise or real benefit like paid time off of any kind for 2,5 years: no paid sick leave, no paid family leave, not one cent, not one day.

Can you believe you have any chance to get anything of this kind by yourself and only for yourself?

The 12+ people who signed the cards asking for an election did it because they believed it was the right thing to do to defend the interests we all share that Lionbridge has been refusing to address with the one on one individual system they want to maintain.

You have already been subjected to too many propaganda sessions, just remember the text of the notice Lionbridge was forced to email to each of us: we have the right to organize. Why not exercise this right?

Thank you for your patience

Take good care

PS: yes I did not comment on the lack of unions in the high tech industry. 

It would take too long but as v-dashes at the bottom of the lab scale we know all about the discrimination and the huge inequalities created by the high tech industry that would like the public to believe all the employees are treated like royalty. 

You know better. 

It's true that creating a union in such an environment would be quite a change. 

A good change.

Fourth Lionbridge's propaganda session: same as before.

Today's meeting provided the same anti-union content and the same focus on eventual risks.

Of course, despite their dire predictions, they cannot be sure of anything we, 

-as we Tier1s are going to be the union if we vote for it- are going to do: we'll decide together everything we want to try to achieve. 

We can simply decide to focus on a few key issues we would like to see improved, like wages, paid time off and not deal at all with seniority and else. 

It's up to us: why would we reduce flexibiliy if it's useful for us?

Yes the money for improvements in our situation will have to come from somewhere: LB's profits, LB's share of the pie will have to be reduced. 

Obviously not something they want to consider.

Why would we try to hurt ourselves, hurt the people who are in the very same boat we are on?

Classic use of the fear and arguing that one can get more individually than via a collective effort. 

This was all very repetitive and it's difficult to assess who can be convinced by those assertions but for the insidious fear factor, and the impact of repetition.

Brace yourself for a final session next Tuesday.

Take good care

PS: I found a bit strange Brent's answer about Microsoft not being billed for those sessions while the hour spent voting will have to be processed separately. But that's another story.

Third Lionbridge's propaganda session: more of the same.

Today we learned where the vote will take place and that we'll get paid for it. That goes with LB's desire to have as many people as possible voting: we certainly agree on that. Here is the message from NLRB: 

We will hold the election at the Extended Stay Suites located at 15805 NE 28^th St., which is about a 12 minute walk from Microsoft Building 3.

I have reserved an extra large ground floor suite which employees can park in front of.  I will provide the room number once I receive it form the hotel. The hotel should be able to remove the bed from the room but has not promised that yet.

I propose polling from 11 AM to 1:30 PM and 2:30 to 4:30 PM.

Remember the vote is anonymous and secret.

We completely disagree with LB's assertion that a union is a business and their other claims about what is needed and how costly it's going to be. 

In Washington State a union is incorporated under Chapter 24.06 RCW, the non profit miscellaneous and mutual corporations act. 

There is no need to incorporate before a positive vote takes place as you can check with the NLRB (as we did). 

Our union, if we vote to create one, is going to operate on a voluntary basis as it has until now and because of our small size we don't anticipate any complex reporting, nor any need for high fees, that will be decided together. 

We had mentioned $2 per month as a possibility. 

Even when already existing unions ask for a fee, their members only pay once the contract has been approved with a pay increase that covers the fees. 

In any case that's not how we plan to operate but it was interesting to see how LB wanted to paint such a dark and negative picture of a union that will be formed by the very people who were in the room and are doing such a good job but cannot obtain any raise or real benefits (not legal obligations) because that would put LB's competitiveness in danger.

Of course they cannot tell us anything about how much they are paid by Microsoft and they cannot afford a cost of living increase.

We should mostly be thankful they did not reduce our hours to 30 per week.

They continue hammering the union could not promise or guarantee anything as if we had done any of that while LB itself does not promise or guarantee anything either.

You can reread the answers to the FAQ posted on the blog as they provide more information on those issues.

It was interesting to hear that Microsoft does not tell them how much to pay their employees because in the late 90s when the class action was taking place Microsoft did require it's contractors to provide benefits, some health insurance and up to $500 worth of training.

Who is to say they could not do it again while the WA legislature has considered mandatory paid sick leave (like in Seattle) and some paid time off. Nothing passed because of the Republican control of the Senate but this could change in the next elections.

In any case we can ask for those changes that are supported by many very active organizations like Momsrising.org.

But we are not there yet.

I realize I forgot to mention the lie about annual performance reviews but we all know there was none.

As for the few people (4) who used to be Tier2, now working as Tier1 but who kept their full time regular classification and benefits it is now clear they should not vote as Richard told us Tier1 status could only be temporary flexible without benefits.

To finish on a more positive  note our friend Wei (who was fired despite her seniority) has found another job she likes.

I hope all this propaganda did not impact you negatively while we prepare ourselves for an unpaid Labor Day.

About Lionbridge's second propaganda session

August 21st

Dear All,

For their second propaganda session Lionbridge stuck to it's favorite strategy: fear.

The main red cape to frighten us is the strike that the union could impose on us, bringing ruin to all.

The only problem with this scenario, as Eric pointed in his FAQ post on the blog, is that if ever a strike was considered (very unlikely), you would have to vote for it as you will have to approve an eventual contract.

Lionbridge claimed that a union makes promises but in fact can guarantee nothing: we have made no promises and we know that winning the elections would only be one step toward a negotiating table where Lionbridge could concede nothing.

We only believe we have a better chance to obtain something by collective bargaining than by one on one discussions with Brent.

While Lionbridge trumpets the family like climate we have seen how difficult he tried to make it recently for one of us who needed to go take care of his dad.

This unpaid leave is supposedly one of the 'benefits' we have now?

It's just the law in Washington State and Lionbridge is not that willing to implement it: so much for empathy and compassion.

Today a co-worker asked to leave one hour before time because his wife needed him to take care of their infant daughter.

The Tier2 reaction was mostly about how he would be able to compensate or not for this one hour absence: so much for flexibility and empathy.

All what Lionbridge listed as 'benefits' are legal obligations they cannot avoid. You know (and they know) very well we have zero benefits but for the meager 401K.

The generosity of Lionbridge has consisted of not reducing our hours while they tell us they considered it

Do you seriously believe they could have done it?

No way and of course it puts them in the driver's seat when they are not: the real driver is Microsoft.

Lionbridge told us that Microsoft had been informed of the petition and did not want to get involved (as we assumed they would react at this stage).

We were assured we were doing an excellent job, that the client was satisfied but did we hear anything about a raise and some real benefits?

No, we only heard about their concern for their profitability.

The only way for us to get some bigger share of the profits is to vote for the union and bargain collectively.

There is no guarantee but it's the only chance we have and it's our right to do it as they themselves emphasized in the notice they were forced to send us.

Who can you trust to defend your interests?

Yourself and your pals within your union or Brent and co?

Of course you know that.

Thanks in advance for your eventual feedback and for keeping talking with our co-workers.

Have a good evening

Philippe

FAQ (Frequently Asked Questions)

Who is TWA?

TWA = Temporary Workers of America

A collective bargaining unit formed to represent Lionbridge Tier One (T1) employees. 

Philippe Boucher (who signed the petition form so his name is known by Lionbridge since August 5) and Eric Osnes (writing this FAQ) have been particularly active but each of the co-workers who signed the 'authorization cards', representing more than 30%  of T1s (at least 12 people) is a fundamental part of TWA. You are welcome at any time to join us and volunteer.

Why Has It Been Formed?

Lionbridge T1 employees are considered by Lionbridge as Temporary Full-Time Employees. (Refer to your employment documents.) Although being “full-time employees” we are denied the following:

-       Periodic raises

-       Paid time off (vacation)

-       Paid sick leave

-       Health insurance

-       Advancement opportunities within the company

We are however offered participation in the company’s 401(K) plan, but note that they start you off with automatic deductions whether you agree to it or not. You must actively go to the Fidelity website to stop those deductions which can add a significant amount of money to your take-home pay.

It is known that a number of T1’s have gone to Brent Willems to negotiate their own compensation packages. Some have succeeded; others have not and been laid off. 

TWA was formed to act as a collective bargaining unit with Lionbridge to negotiate getting the benefits we deserve.

Why Haven’t I Heard About TWA Before The Lionbridge Meeting?

We had to be secretive about getting people to sign the union cards. In that instance there was a possibility that we would be retaliated against by Lionbridge (that's what happened to Marilyse) and we also did not want to tip our hand. We were very careful about who we spoke to based on what we perceived the individuals response would be. It was clear that some people would be adamantly opposed to the idea while others readily embraced it. We needed 30% of the T1s to sign up and we succeeded in reaching that number even though it took several months to accomplish.

Can I be fired by Lionbrige for participating in TWA?

No. This would be considered retaliation and is strictly illegal under Federal Law, the NLRB, and in direct conflict with Microsoft’s Supplier Code of Conduct (which applies to Lionbridge). Were Lionbridge do this they would face severe legal penalties and public relations nightmare.

Will This Affect Lionbridge’s Ability To Continue Work For Microsoft?

There is strong evidence that Microsoft will not interfere and that they will embrace this change if they really stand by their Human Rights commitment.

From Microsoft’s Global Human Rights Statement:

“As a signatory to the UN Global Compact, Microsoft is committed to respecting all of the human rights described in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; and the ILO Declaration on Fundamental Principles and Rights at Work.

We recognize that as a leading technology provider with global operations, our business can help to promote – or be used to impede – human rights. The stakes grow higher every year as information and communications technologies (ICT) become ever more important in how people work, learn and interact with one another.

We recognize the important responsibility we have to respect human rights and we aim to bring the power of technology to bear to promote respect for human rights throughout the world.”

From the Universal Declaration of Human Rights:

“Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.”

We encourage you to read the other declarations that Microsoft is a signatory to and has committed to.

An important note: you will not find any such commitment publicly posted on the Lionbridge website.

Any significant interference by Microsoft could be interpreted as a sign they are a 'joint-employer', something they are especially trying to avoid since the Vizcaino class action.

What Is Lionbridge’s Responsibility To Microsoft?

From the Microsoft Supplier Code of Conduct:

“Through the Standards of Business Conduct, Microsoft has established company standards that include ethical business practices and regulatory compliance. These standards apply to all Microsoft employees, directors, and officers. Similarly, Microsoft expects its suppliers to embrace this commitment to integrity by complying with and training its employees on the Microsoft Supplier Code of Conduct.”

“Microsoft expects its Suppliers to share its commitment to human rights and equal opportunity in the workplace. All Microsoft Suppliers must conduct their employment practices in full compliance with all applicable laws and regulations, and must, without limitation:

Respect workers’ rights to freedom of association and collective bargaining in accordance with legal requirements. As noted above, we require that Suppliers not engage in discrimination in hiring, compensation, access to training, promotion, termination, and/or retirement based on union membership.”

Lionbridge Said That A Union Would Complicate The Relationship Between Employees And Management. Is This True?

It is only true if that is how Lionbridge decides to work with us. More often than not Unions work side by side with management to ensure the welfare and success of the company while also protecting the employees from exploitation by the company. This is more the rule than the exception.

And remember, YOU are the union. So they are working with YOU, not some evil, nebulous organization. And wouldn’t you prefer to have an influence on things that affect you directly at work?

Lionbridge Has Said That There Will Be Strikes And That Would Mean No Paychecks Or Benefits. Is This True?

This is a blatant scare tactic being used by Lionbridge. Also, notice that they said benefits. Do you get benefits now?

Strikes only occur when things go badly between management and the union. Furthermore, they only occur IF THE MEMBERSHIP VOTES FOR A STRIKE. That means YOU. Union officials have no say whether or not to call a strike. Such an action must be approved by the membership.

Also, many critical unions have “no strike” clauses in the contracts they negotiate with their companies.

So no, it is highly unlikely that a strike would ever occur and it would require YOU to authorize one.

Why Don’t We Go To Lionbridge And Negotiate For Benefits Without Forming A Union?

We have heard this question quite a lot. The truth of the matter is that it will not work. There is nothing binding in whatever concessions we were to receive whereas with the union the contract is binding on all parties and subject to NLRB enforcement.

As mentioned before, it is known that individuals have gone to Brent Willems on their own to make their own deals. There is nothing preventing you from doing this but the results are mixed. Some people have successfully obtained benefits and pay increases FOR DOING THE SAME WORK YOU DO. Others have subsequently been fired. You take your chances.

More to the point, if you are successful, do you think it is fair that you should get those extras when your colleagues don’t?

Questions to Ask Yourself while Deciding your Vote

Can you afford to take a day off to take your significant other to the doctor?

Can you afford to take a day off to attend your daughters graduation?

Are you expecting a baby? Can you afford to take time off to spend with your new baby? Or be there when the baby is born?

Do you come into work sick because you can’t afford to lose a day’s pay?

When was the last time you had an actual vacation? A vacation where you didn’t have to worry about losing your pay?

How much do you pay for your health insurance? Do you have health insurance? If so, what’s your deductible?

How does it feel to see T2’s and above come back to work all refreshed after having been on vacation?

How does it feel to be told that you can’t take time off to tend to a sick parent? Child? Partner?

How do you like being forced to take certain holidays off and not get paid for them?

What's it like living paycheck to paycheck?

What’s it like working day in and day out for months/years on end with virtually no breaks except for holidays and weekends?

How do you feel working for a company that offers no advancement or paid training opportunities (for example, certifications to improve your skills)?

Are you the sole breadwinner in the family? How is that working for you and your family?

Are you actively looking for a new job so you can escape this one? How is that working?

Do you like being treated as the lowest level employee in the building?

A personal story about how we came to trying to form a union

As Lionbridge tries to portray "The UNION" as this unknown monster coming from somewhere else to take over I thought it could be useful to show what it was really like.

I thought it would be interesting to ask co-workers to share their personal experience of the present situation so I devised a set of questions that they could use (or not) if they wanted to share their story.

Here is mine (below).

You can find the questionnaire at the end of my answers. Feel free to use it or to write your own story without using the questions, or ignore the whole thing. 

Nota: this document can remain anonymous, ie no name given and too personal details avoided... Since I am already "out" I did not feel concerned about it.

What employers can and cannot do

Following up on the email LB sent yesterday I looked for more information about what employers can and cannot do in the context of a union drive.

I found this site (pro-employer) quite detailed and informative.

I have reproduced below the key parts.

What Employers Can’t Do

The following covers some activities that constitute unfair labor practices. Make sure that you don’t:

• Discriminate in any way against any employee for participating in union activities. This prohibition applies to all aspects of employee relations.
• Promise or grant benefits to your employees (such as wage increases, holidays, benefits or improvements in working conditions) to encourage them to abandon the union.
• Make threats based on employee support of the union, including threats of discharge, layoffs, plant closure or discontinuing current benefits.
• Interrogate your employees or prospective applicants concerning union-organizing activities.
• Prevent pro-union oral solicitation by employees during nonworking hours and breaks.
• Prohibit union insignia on shirts and jackets.
• Engage in surveillance of employees to determine their views on the union.
• Take a straw vote of employees as to whether they favor or don’t favor the union, except in special circumstances and in accordance with legally mandated procedures designed to protect employees. (Consult your legal counsel.) 

Although not necessarily unfair labor practices, the following conduct may result in invalidation of an election:

• Campaigning on company time and premises within 24 hours of an NLRB-scheduled election. Meetings held off-premises may take place under special circumstances.
• Reproducing and distributing official NLRB ballots and showing employees how to mark them.
• Discussing the union with employees in a supervisor’s office, regardless of the noncoercive tenor of your remarks.
• Prohibiting distribution of union literature in nonwork areas during nonwork time, such as in the lunchroom during the lunch hour.
• Requiring employees to wear “Vote No” buttons in the plant or office.

What Employers Can Do

You may hold meetings with your employees on company time and property to answer questions and discuss the company’s position and unionization. Just make sure the meetings aren’t held in a supervisor’s office. Talk with employees at their own workstations or in a group meeting. You can also mail literature to the employees’ homes, stating the company’s position, but be careful what you say.

Here are some of the things you can say:

• Describe the good features of working for your company, such as existing benefits, job security and steady work.
• Remind them that signing union authorization cards doesn't mean they must vote for the union.
• Inform them of the disadvantages of belonging to a union, such as the possibility of strikes, serving on picket lines, paying dues, fines and assessments.
• Explain the meaning of the phrases “dues checkoff” and “union shop.”
• Inform them of any prior experience you’ve had with unions and what facts you know about the particular union that’s trying to organize them.
• Tell your employees how their wages and benefits compare with other unionized and nonunionized companies with less desirable packages.
• Disclose the names of known gangsters or other undesirable elements who may be or have been active in the union, provided this is accurate information that can be verified by official sources.
• Inform them that, insofar as their status with the company is concerned, they are free to join or not to join any organization they choose.
• Express the hope that your employees vote against this or any union. 

Lionbridge does not believe that you need a union

From: Gordon, Richard
Sent: Tuesday, August 12, 2014 5:24 PM
To: Tier1s
Subject: Important message to the Lionbridge Everest Tier one team

Dear Everest Team Member:

As most of you know, on August 1, 2014, Temporary Workers of America filed a petition for an election with the National Labor Relations Board (NLRB), an agency of the United States government.   The NLRB will process the petition and decide when and if an election is to be held.

If an election is held, Lionbridge will work with the NLRB to ensure that all of you get the opportunity to vote in a secret ballot election.

Over the next several weeks, Brent and I will communicate with you so that you have truthful and factual information before you vote. 

 I will be visiting the Redmond operations in the coming weeks.

 I hope to have an opportunity to visit with each of you and to respond to any questions or listen to any statements you feel comfortable sharing.  

Lionbridge does not believe that you need a union. 

We prefer to communicate and resolve matters directly with our employees. 

In the coming days, we ask that you have an open mind and listen to what we have to say before you make this important decision.

Regards,

Rich

Rich Gordon
VP, Global Enterprise Solutions
Lionbridge Technologies, Inc
423 N Ancestor Place, #180, Boise ID 83704w. 208 321 4425 |  m. 208 871 0286