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Should a 401(k) Be Part of Your Union Contract?


By Clifton Linton
Senior Writer, mPower

In This Story
Defined-benefit Preference

Two Turkey Deals?

The Resolution

Education Is Needed

When Michael Young realized his 401(k) plan was a turkey, he gobbled. Loudly. He rallied fellow union members at the soap factory where he works, and together they convinced management to offer them a better 401(k).

Young is among a growing number of union members who see 401(k) plans as a mainstay of retirement, not simply an adjunct to a traditional pension plan.

 

Last November, 30-year-old union worker Michael Young told 401Kafı.com what a turkey his 401(k) plan was, offering a low contribution limit and only one investment choice. But, unlike many nonunion workers' plans, his plan was negotiated as part of his union contract. And, he wanted it changed.

Why was Young making such a fuss when he also had a pension plan? "It's not the greatest. ... I'll probably be able to buy a loaf of bread a week when I retire with the (pension) plan," he said.

Young's experience shows that while many union leaders regard traditional pension programs as a necessary retirement benefit, rank-and-file union members are increasingly clamoring for 401(k) plans. Indeed, some unions are running their own 401(k) plans for their members' benefit. That all goes to show that 401(k) plans are an increasingly important benefits bargaining issue.

Let's take a look at unions' historical views toward 401(k) plans and two examples of how unions today are dealing with them in their contract negotiations.

Defined-benefit Preference

Pension benefits have been one of the leading issues over which unions have drawn the proverbial line in the sand with management. The major retirement benefit unions favor is the employer-funded, defined-benefit pension plan. Defined-contribution plans, like 401(k)s, have traditionally not been a major issue in contract negotiations.

According to labor laws, unions and management are required to negotiate benefits such as 401(k) plans. That's why some companies may offer a pension plan to union workers while nonunion workers get a 401(k) plan.

Indeed, many unions regard 401(k) plans, at best, as a supplemental benefit. That's the case with the Newspaper Guild, which represents reporters and other clerical workers at newspapers, says Marian Needham, director of contract administration with the Newspaper Guild/CWA.

However, the retirement-benefits climate is changing for union workers

The percentage of union workers participating in a 401(k) plan negotiated through a collective bargaining agreement has risen from 7.5 percent in 1996 to 10.6 percent in 1999, according to the Profit Sharing/401(k) Council of America. Union workers are growing comfortable with 401(k) plans and, at least anecdotally, rank them equal with pension plans as important retirement benefits.

This shift in taste has at least two causes.

First, more workers, including union workers, are becoming financially savvy and demanding more control over the growth of their retirement funds. And unions, while traditionally preferring pension plans, are starting to recognize this. Two cases in point, the International Brotherhood of Electrical Workers and the Teamsters, both offer 401(k) plans to their members.

Howard Deiner, a labor attorney at the law firm Feder, Semo, Clark and Bard in Washington, D.C., notes that unions are in a tough spot. They are trying to satisfy workers who want more control over their retirement plan while also trying to look out for workers' best interests by not putting them in a position where they can hurt their retirement future.

In the spectrum of retirement plans, 401(k) plans are seen by some unions to be riskier than traditional pension plans.

"To the extent that it's perceived that unions aren't moving quickly enough toward 401(k) plans, they have the best interests of the membership as a top priority," Deiner said.

The second cause: Some workers recognize that traditional defined-benefit programs may not be enough to provide for a comfortable retirement. Part of this is due to employers' moves to trim or eliminate costly defined-benefit plans.

Pam Dumler, a research assistant with the International Brotherhood of Boilermakers, sees this shift of attitude among younger members of her union. Their opinions are based on some harsh realities. Some employers participating in the Boilermakers' pension plan offer retirement payments of as little as $11 a month multiplied by the years of service. "That's why I think a lot (of members) want to go into something different," she said.

Two Turkey Deals?

Let's take a look at two examples of different unions and their views about 401(k) plans.

When we last visited with Young, his gripes were twofold: low contribution limits (because of his low rank, he was allowed to only contribute $30 a week into the plan) and inadequate investment choices (the plan only offered a single investment; a savings account that historically earned about 3 percent a year), Young says.

The plan did have a $15-a-week employer match.

As a member of his union's negotiating committee, Young hoped to make the 401(k) plan a leading issue when a new contract was negotiated. But, he had to learn what features to ask for.

"My experience is the rank-and-file do know what is going on. ... They are very well versed on (benefits) issues."

— Howard Deiner, labor attorney at the law firm Feder, Semo, Clark and Bard in Washington, D.C.

Earlier this year, we also wrote about the negotiations between Dow Jones & Co. and its leading employee union, the Independent Association of Publishers Employees (IAPE). As the two groups headed into contract negotiations in 1999, the company made it clear it didn't plan to continue to make an automatic 15 percent contribution every year to its profit-sharing plan.

Dow Jones offered to continue the profit-sharing plan with the contribution dependent upon company financial results or a 401(k) plan with a money-purchase plan. If the union had chosen the 401(k)/money-purchase plan option, the company's maximum contribution to workers' retirement would have fallen from 15 percent of salary to 8 percent.

The IAPE decided that fighting to keep the old profit-sharing plan was a losing battle. And, going with the new one might not be secure enough. So, it had to figure out if the hybrid was a good deal.

The Resolution

IAPE took advantage of its own members' talents to analyze Dow Jones' offer and see if it was competitive. Ellen Schultz, a Wall Street Journal reporter who covers the retirement-planning industry, wrote a 19-page analysis comparing the company's offering to the rest of the industry.

Her conclusion: Dow Jones' offer was not "generous" as the company claimed, but average in comparison to plans at other publishing companies.

Ultimately, Dow Jones agreed to contribute an amount equal to 7 percent of each worker's annual salary into a money-purchase plan. Additionally, Dow Jones agreed to automatically contribute an amount equal to 3 percent of a worker's salary into the 401(k) plan and offer a 100 percent matching contribution on employee contributions of up to 2 percent of salary. The new plan took effect January 1, 2000.

"Generally speaking, people are pleased" with the new plan, said Virgil Hollender, IAPE treasurer. "We're hearing the participation percentage is pretty high (in the 401[k] plan)."

Young and his fellow negotiators had a different situation. The company offered a pension plan with two major drawbacks. The first was that the plan was difficult to understand. Second, it was clear the company was determined to cut pension plan benefits.

"We still have a pension plan. It's not the greatest. I would have been willing to sacrifice that for a better 401(k) plan."

— Michael Young, union negotiator.

So, the union decided to fight where it thought it could win — with the 401(k) plan.

Young didn't have the benefit of IAPE's reporting and writing expertise, but that wasn't an obstacle to getting a retirement plan he and his co-workers could be happy with. He and other members of the union's negotiating committee fired up their home computers and searched the Internet for ideas. Young also talked to his father, who knew a bit about 401(k) plans.

"We figured out what we wanted on our own," Young said.

To show management their disappointment with the 401(k) plan, union workers photocopied and posted articles about their plan that appeared in The Boston Globe and on 401Kafı.com.

Indeed, Young found management amenable to bolstering the 401(k) plan. "Our owner used to work on Wall Street, he helped us out," Young said.

The newly negotiated plan, which took effect on January 1, 2000, permits employees to contribute up to 12 percent of their salary. The company agreed to match 4 percent of employees' contributions, at 100 percent. It also expanded the investment choices from one to four.

One particularly significant point the union bargained for was getting the plan sponsor to agree to make a translator available to explain the plan to the large number of Portuguese immigrants that work at his factory, Young said.

Education Is Needed

What's clear from these two examples is that education is key, especially for union workers who typically haven't had as much experience with 401(k) plans as nonunion workers.

In IAPE's and Young's situations, union members were able to learn the characteristics of a good 401(k) plan and ask for them.

More Info
Many unions regard 401(k) plans, at best, as a supplemental benefit. Yet, the percentage of union workers participating in a 401(k) plan through a collective bargaining agreement has risen from 7.5 percent in 1996 to 10.6 percent in 1999, according to the Profit Sharing/401(k) Council of America.

"We are extremely happy with the 401(k) plan," Young said.

What's also clear is that more union workers are familiar with 401(k) plans and want them as part of their retirement benefits package, whether as a primary saving tool or as a supplemental tool.

Deiner, the labor attorney, says that in his experience, unions work hard to educate their members about their benefits. "My experience is the rank-and-file do know what is going on. ... They are very well versed on the issues," he said.


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The information provided here is intended to help you understand the general issue and does not constitute any tax, investment or legal advice. Consult your financial, tax or legal advisor regarding your own unique situation and your company's benefits representative for rules specific to your plan.
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