The Crested Butte News Serving the Gunnison Valley since 1999
Vail says it’s illegal to change the union’s collective bargaining agreement
[ By Kendra Walker ]
Members of the Crested Butte Mountain Resort ski patrol expressed their disappointment and frustrations when told last week they would not be receiving Vail’s company-wide, end of season, one-time employee bonus, due to the fact that as union members of the United Professional Ski Patrols of America, it would be federally illegal to change the union’s collective bargaining compensation model.
On Thursday, March 4, Vail Resorts CEO Rob Katz sent an email to all Vail employees announcing the bonus as a thank you for working this season during the pandemic. The Crested Butte News obtained a copy of the letter. “Together, we have ensured a safe experience for all during a worldwide pandemic – when almost every other major activity has been shut down. It has been a season like no other, and I want to express my sincere gratitude,” the letter stated. “In recognition of your monumental efforts, I am pleased to share that we are implementing a one-time end of season bonus to thank you for your contribution during this uniquely challenging winter.”
Katz explained in the letter that the bonus will be available to more than 28,000 year-round and seasonal active full and part-time employees, and he went on to outline the payout amounts based on grade-level and total hours worked for the full season. The bonus amounts span from $100-$1,500.
CBMR vice president and chief operating officer Tim Baker informed the CBMR ski patrol in person that same morning that ski patrollers are not eligible for the bonus. He followed up with an email to patrol later that day.
The News obtained a copy of that email as well, and Baker stated, “…union patrollers are not eligible for the bonus because we have an obligation to bargain with your union over your wages, hours, and working conditions. It would violate federal law if we unilaterally changed your compensation model. And by choosing to be represented by a union and having your terms and conditions of employment set forth in a Collective Bargaining Agreement (CBA), you have prioritized the economic certainty that comes with a multi-year CBA. As a result, you have elected not to be subject to other economic changes in the Company, which means you are neither subject to reductions in compensation, nor are you entitled to non-negotiated economic benefits outside of the contract.”
Baker also said that if the union desires different benefits in the future, they would be negotiated in bargaining for a future contract.
The Crested Butte Professional Ski Patrol Association Board issued a statement to the News expressing the ski patrol’s dissatisfaction with the circumstances.
“For the Patrol, it’s not about the money, it never has been. It is about the safety of our guests, respect to frontline healthcare workers, and maintaining a trained Professional Ski Patrol,” the board said. “The company stated that the reason they would not be offering a one-time end of season bonus was that it would be Federally Illegal to unilaterally change the Union contract regarding wages. This side steps the fact that they could bilaterally negotiate this issue and temporarily reopen negotiations regarding the acceptance of a one-time bonus. The Patrol union was never approached about this and would be happy to enter into talks with Vail Resorts about bonuses. We are proud of the important work that the Patrol does. We need the support of the community as they are part of the frontline health care providers and vital to keeping the local economy running.
“Our members feel singled out because they are involved in a union,” the statement continued. “Additionally, the company provided normal wages for one additional week, and paid insurance premiums through April 2020, after the resort closed due to the pandemic. The pandemic pay was paid out unilaterally without contacting the Union. To which the Union did not object. Now almost a year later they are singling out union members from compensation that they are offering to the rest of the company.”
The union is currently in a three-year CBA contract, but the board expressed the desire to work with Baker and Vail Resorts on the bonus matter as soon as possible. “The Crested Butte Professional Ski Patrol Association would like to address the topic of a year-end bonus now. This is due to the manner in which Vail Resorts and other Unionized Ski Patrols’ contract negotiations have essentially reached a stalemate. We feel that the bonuses awarded to the other Vail Resorts employees are in direct correlation to the efforts put forth to maintain a safe and successful season. We currently have a proposal into the company as a bilateral solution to this matter. We don’t want to bargain this matter in the next contract negotiations as it may lead to a distraction from other important topics such as a livable wage, training, and education.”
The News reached out to CBMR senior communications specialist Will Shoemaker for comment. “We received a proposal only last night (Monday, March 8) from the union and we are reviewing it and will be responding to them shortly,” he said.
