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Steward Alert
New Contract Brings New Rules 
 Now that the new UPS/Teamster National Contract and the Central States Supplement have been fully ratified, they will take effect immediately. In doing so, there are some very important changes that Stewards need to be aware of and we need to adjust our behavior accordingly.
The time that you have in which to file a grievance has been reduced from 10 days to 5 days. The new rules under Art. 5 of the Supplement state: "It shall be the responsibility of the employee to reduce the the grievance to writing on the regular grievance form provided by the union and have it submitted to the company within five (5) working days." That's a big change from the 10 working days we had in the past and stewards will need to be on the ball to get grievances filed in a timely manner.
Also, the time the Steward has to grieve discipline has been reduced from 10 working days to 10 calendar days. The new language reads: "Upon proper notification by the employer to discipliine an employee, the employee shall have ten (10) calendar days to file a grievance in protest of the discipline taken."
These are big changes in the timeline to file grievances under the Central States Supplement and every Steward needs to come quickly up to speed on the new rules. If you are unclear on what the new language says, get with your Business Agent immediately. The company may try to exploit our ignorance of the changes and we owe it to our members to be informed.
Southern Exposure
Bob Newhouse
Wow! Another Peak out of the way. Like I always say, “the more things change, the more they stay the same”. Fortunately we had a lesser amount of snow than last year, so we dodged the perpetual Peak bullet. No Saturdays or excessive hours out of the chute this year. Of course Peak was a long 5 weeks, and never seemed to end.
We had the usual disappearance of the seasonals in the last couple of weeks causing the Sups. to pick up the slack. All and all, things ran fairly smooth for this year. As we rest up and prepare for the New Year, the same old cycle begins again. Of course hours will probably be the first issue to rear its ugly head. Make sure you are prepared for the continuation of the nine-five fight. You are obligated to let management know, (with your steward present), that you do not want nine and a half hour days. You can be dispatched with 2 in a week. You can file after the third one. Management will blow a lot of smoke up your butt when you threaten to file, but if you truly want to keep your dispatch down, you must follow up with a grievance.
The other major issue this time of year is the scheduling of vacations. This will be the last year for the March deadline for scheduling your vacations. Next year everything will be scheduled in November and December. It will be interesting to see how all of that shakes out. With all of the contractual changes taking effect next year, it will be a busy year for all of the stewards.
 Some of the more interesting fights will arise over the use of the option week as individual days off. That option will not be available for another year. The major issue is that the language opens the door for the use of part time drivers. The use of part time drivers is a long hard fought battle. It’s a shame to see the company be allowed to use them after years of keeping the driver’s ranks all full-time. We can never go backward on any giveaways so it will be interesting to see where it leads, and how badly the company abuses the language.
We continue to fight the remote center battle. The company continues to fight simple union needs such as union bulletin boards, and steward representation. The union seems content to allow these remote center drivers to be represented once a month. The company fights the bulletin boards, because they would be forced to put many of them on a post in the middle of a field where the drivers report to work. No building, no facilities. It’s a huge Union busting tactic, and the Teamsters are looking the other way. The corporations have long known about divide and conquer tactics when fighting with the Union, and it looks as if the company will win this battle hands down, with the Teamsters just looking the other way. The Teamsters are allowing the company to control the stewards’ ability to represent these people, and these people cannot stay informed because there is no posting of timely union information. By the time the Teamsters look up, the driver ranks will have been spread all over the map, and right-to-work will cause many of these people to say to hell with union representation, because they don’t get any. Oh well, it’s a battle fought higher up and farther away than I have any control over!
Well, ever onward. Happy New Year. What will 2008 bring? Hard to say, but I would imagine, “the more things change, the more they stay the same”.
Read NABER's "Farewell to Mike Eskew"
Know Your Contract
Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should get a copy of the new agreement reached in 2002 and read through it. Here is an example of what it says.
Article 3, ......National Master Agreement
Supervisors Working...Double Time
"....the aggrieved employee will be paid for the actual hours worked by the supervisor at the rate of double times the employee's rate of pay at the time of the incident."
This new language replaces the previous language that paid time and a half on supervisor working grievances.
Colorado: The Place Where the GOP Thinks It's OK To Hate Workers
If ever there was a single newspaper story that showed just how much today's Republican Party hates working people, the Rocky Mountain News story this morning is it. The headline reads "Right to Strike in Colorado Paid With Blood," and documents how after National Guardsmen mowed down striking mine
workers in the early 20th century's Ludlow Massacre, the Colorado state legislature solidified workers' right to strike - that is, workers' right to withhold their labor as a way to protest the way they are treated. It was the least the legislature could do following one of the ugliest displays of worker oppression in American history.
 This would seem like a basic right in an industrialized countries because, really, what's the opposite? Right - forcing workers to work, whether they like it or not. However, as this article shows, even with the right to strike in Colorado "paid with blood," the Colorado Republican Party is gearing up to eliminate that right for workers.
The article includes the above picture of troops heading toward the Ludlow workers to execute them back in 1914 - and in the paper, the picture is, rather appropriately, juxtaposed next to the legislature's Republican leaders who are leading today's assault on workers.
I'm not sure what else I can add other than to note how telling it is that the Republican Party - supposedly the party of "freedom" - is now going on record saying workers shouldn't be free to protest through not working. The GOP is, in short, the party of forced labor. They are taking quite a stand with the great autocrats of history and the major third-world countries where such dictatorial policy is an everyday fact of life.
I guess that's not surprising considering the effort is being led by State Sen. Shawn Mitchell (R), a longtime Federalist Society icon - the guy who simultaneously attacks Gov. Bill Ritter (D) for supposedly acting in secret, yet who himself refuses to follow state law by complying with Open Records Act requests.
To conclude, I'll just say that having lived in a number of different states both red and blue, I have never lived in a state with a political culture where it is absolutely acceptable to support forced labor and hate workers. I don't know if I'll ever get used to it.
David Sirota
And A Teamster Who Won't Cross
"I am a teamster. A location scout on a TV show. My small corner of Warner Brothers Television is far removed from the writers' offices. I make a fraction of what they do, work more hours, and my family's schedule is ruined every time they write "EXT: NIGHT." I've been on my current show for 10 weeks and I just met my first writer.
Yet if the next time I see him he's wearing a red shirt and carrying a placard, I will not cross his line.
Why?
I could just say "Teamsters don't cross picket lines." I could just say "I need a vacation." I could just say "I believe in the rights of the working man." While that is all true, the real reason is more complex. I believe this is the opening round of a long battle that every union member in Hollywood will have to face as our contracts expire.
The digital world is not in the future, it is here now. It is now possible to watch Television and Movies entirely on the internet, and the network sites, with ads galore, are proof. This is not a hypothetical. It is profit-making reality. If the writers are denied fair payment for reuse, I do not believe the Directors, Actors and the rest of us will fare any better when our turn comes.
Yes, I said the "rest of us." While I don't receive individual residual payments for my work as a teamster, my pension and health fund does. As the distribution stream goes digital those residual payments will slow to a trickle, and the fund will suffer. When the time comes I plan on being old, sick, and in need of Health Care. And the WB doesn't want me to have it.
So no, I will not be crossing any picket line. And I ask you to join me. Not for the writers. Not for Me. Not for my kids. Not even for you. For all of us. Because that's what it's going to take. All of us.
Posted by poland
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Second Union Vote Set at UPS Freight
A fledgling group seeking to organize workers at UPS Freight Inc. will get a rerun election at the trucking company’s Kansas City, Kan., terminal.
The National Labor Relations Board said a second election will be held after the company agreed to informally settle its dispute with the Association of Parcel Workers of America, which had filed charges against the company in relation to a union vote in August.
At that time, UPS Freight’s hourly employees soundly rejected joining the parcel workers group by a 203-66 margin. About 350 drivers and dockworkers are employed at the terminal.
The next election will be Feb. 17-19.
As part of the settlement to hold the election, the parcel workers group withdrew its charges that UPS Freight acted improperly to influence the first election’s outcome. There was no finding of wrongdoing against the company, said Ira Rosenfeld, UPS Freight spokesman.
 “The employees of Kansas City have already spoken once, and we have agreed to let them vote their preference for or against APWA representation again,” he said in a statement. “We have no reason to believe they have a different preference now than when they voted in August.”
Van Skillman, president of the parcel workers group and UPS Freight driver, disagreed.
“My impression is that there are many employees upset about what happened last time,” he said.
“They were lied to and misled. Only time will tell, but I think the election will turn out quite differently in February.”
The parcel workers group lost another vote recently at a UPS Freight terminal in Pittsburgh, but no complaints were filed afterward, according to Skillman.
“There were no problems in Pittsburgh,” he said. “We just want a fair and square election. If we lose, we lose.”
UPS Freight was Overnite Transportation Co. before being acquired by the big parcel carrier in 2005. The Teamsters union has reached a first contract for 125 hourly UPS Freight workers in Indianapolis with hopes that it will be adopted at other terminals.
The Teamsters union has dismissed the parcel workers group as an organization with little membership and no experience negotiating contracts.
Kansas City Star
Message Madness
Have you ever gotten a message across the DIAD board that just infuriated you? Have you ever wanted to type back a message that would melt the computer screen on the other end? Have you ever wanted to type a reply that not only said no, but said Hell NO?
Well, don’t do it. Take a deep breath, count to 10 and while your counting, imagine yourself unemployed. It could come to that.
The DIAD message board is a public communication device and subject to rules you may not be aware of as you type in that nasty message. More people than just the office staff can access it. Being rude on the DIAD is also a violation of Art. 37 of the National Master that says we will treat each other with respect at all time.
And besides, think about it, do you really want to say that in print. If you want to tell someone off, do it in private. It’s your word against theirs when it comes to a termination hearing.
Management has Perfect Vision in the Rearview Mirror
UPS has 20/20 vision in the rearview mirror. We had a driver charged with a preventable accident last month. He was hit while parked in a shopping center. The question that quickly arose when management began discussing the circumstances of the accident was: Where do we park in a shopping mall that does not have designated loading zones? Do we stop across the back-side of parked cars and sit in the traffic lane or do we back the package car into a parking spot (or 2) and leave the front end sticking out into the traffic lane? Or if 3 or more parking spots are open side by side, can we pull in parallel to the curb and be mostly out of the traffic lane?
Management’s idea was to back into a parking place. They say that even if you get hit in this position, the chance of arguing the case and getting it deemed unavoidable is better because you were legally parked. Two parking places would be ideal because it’s hard to pull out of a single spot if someone parks right beside you. The tail of the truck swings out and you’ll rip the back bumper off the car if you aren’t real careful.
Someone in our group asked if there was any safe place to park where you wouldn’t get charged with an accident if you got hit while parked. Management said ‘no’. No matter where you park, if you get hit, it was the wrong place. That’s clear. Someone asked if you were out in the middle of an unoccupied parking lot and a random car came all the way out there and ran into you, would you be charged with an accident? The answer was ‘yes’. You were parked in the wrong spot.
Management has 20/20 hindsight vision when reviewing an accident and deeming it avoidable. If you get hit, you were parked in the wrong place. It’s that simple.
Off the Clock Work
Federal and state wage and hour laws prohibit employers from "permitting" employees to perform off-the-clock work. Employers must compensate for all work that they knew about or should have known about. Employers must do everything within their power to prevent off-the-clock work. Not surprisingly, many employers are willing to look the other way while employees perform unpaid work voluntarily or under pressure.
Common violations include:
• Allowing or requiring work to be done before the start of a shift, such as pretripping or warming up trucks.
• Allowing or requiring work to be done after the end of a shift, such as clean up, paperwork or completing tasks that "should have" been done during the shift.
• Deducting meal breaks which employees do not take or took with interruptions or significant restrictions.
•  No-overtime rules and/or productivity goals or pressure which encourage employees to do some work on their own time.
• Putting employees on a "salary" without overtime pay, even though their job tasks do not fit within the overtime exemptions for "professional," "administrative" or "executive" employees.
• Orientation, training or book work done on "own time" or during unpaid meal breaks.
• Rewarding the "good" employees who are willing to go the extra mile by coming in early, staying late, working through all or part of breaks, taking work home, etc.
It is the rare employer who will go out of its way to prevent these practices from occurring.
The Law Favors Employees
Wage and hour laws are written and interpreted in favor of employees:
• Employers have the obligation to stop work if they do not want to pay for it.
• Employers have almost no defenses: it is no defense that the employees (1) acted voluntarily, (2) tried to hide the work from management, (3) agreed not to seek proper compensation, or (4) entered into an out-of-court settlement of the claims.
• Employees can prove individuals and group cases by reasonable estimation -- not every employee need testify.
• Employees often can recover double back pay.
• If it loses, the employer must pay the employees' attorney in addition to paying damages - this encourages enforcement of relatively small claims and also encourages employers to settle valid claims.
• Exemptions from the overtime and minimum wage requirements (and there are many) are strictly and narrowly construed.
• Employees can go back three years to bring suit - far longer than the time provided for in labor agreements.
• Employees can file suit on behalf of larger groups of employees affected by similar policies or practices.
• Employees can choose from federal and state wage and hour laws, taking the most favorable of each.
• Union members are typically allowed to enforce wage and hour law rights independent of collective bargaining agreement provisions and procedures.
• Judges and juries do not like dishonest or coercive workplace practices.
Wage and hour plaintiffs have it much easier than employees who sue for wrongful discharge, discrimination, breach of the duty of fair representation or many other areas where workers have rights which can be difficult to enforce.
What to do?
Seek advice from an attorney or an agency official if you think your rights may have been violated. Keep in mind, however, that many attorneys do not know the ins and outs of wage and hour law and that many agencies are understaffed and do not aggressively enforce the laws. Therefore, you should be patient and be willing to keep trying until you find the right fit. Try to find an attorney who is willing to take on your case for the "reasonable attorney fee" that the employer must pay if it loses. Be slow to agree to advance expenses or to pay a percentage of a recovery to the attorney. Former employees often make the best plaintiffs, because the employer cannot easily retaliate.
When you experience or hear about workplace abuse, think of wage and hour law. Employers who abuse workers or who are obsessed with productivity are likely to be violating these laws.
Good Teamster Videos
Know Your Contract
Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should get a copy of the new agreement reached in 2002 and read through it. Here is an example of what it says.
Article 17, ......National Master Agreement
Paid for Time
"All employees covered by this agreement shall be paid for all time spent in service of the Employer"...."The Employer will not allow employees to work prior to their start time without appropriate compensation."
Do not work off the clock.
Know Your Contract
Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should get a copy of the agreement reached in 2002 and read through it.
Where to Find Things in the Contract Book
Your Cheat Sheet
UPS/Teamster Contract and Central States Supplement 2002-2008
Topic
Article #
Page#
1. 401k Plan.........................................................29, sec. 3................................70-71
2. 6th&7th day work............................................12, sec. 9.................................184
3. 8-hour request.................................................19, sec. 3.................................197-198
4. 9.5 day.............................................................12, sec. 1.................................181-182
5. Accidents.........................................................18, sec .3.................................46-47
6. Air Drivers.......................................................40, sec. 1&2,4.........................121-128,132
7. Air Drivers wages...........................................40, sec. 6.................................133
8. Air Hub.............................................................40.............................................128-132
9. Breakdown/Road Closure.............................10.............................................177
10. Bumping..........................................................3, sec. 9..................................164
11. Cost of Living COLA.....................................33..............................................72-74
12. Customer complaints....................................17..............................................196
13. Disability payments.......................................14, sec. 7-8..............................187
14. Discharge and suspension...........................17.............................................194-196
15. Doubles/triples pay rate................................19, sec. 8.................................199
16. Early start time...............................................12, sec. 2,6 .............................182-183
17. Employee working off the clock....................17, sec. 3..................................42-43
18. Excessive rides..............................................37, sec. 2.................................114-115
19. Extra work........................................................3, sec. 16................................170
20. Fair Day's Work, Fair Day's Pay..................37.............................................113
21. Feeder driver bid change............................... 3, sec. 13...............................167-168
22. Funeral leave..................................................29, sec. 2..................................69-70
23. Grievance procedure......................................5, sec. 1..................................172-173
...................................... 7.............................................19
24. Harassment.....................................................37, sec. 1-2-3.........................113-115
25. Holidays.........................................................15..............................................187-188
26. Hours of work.................................................12, sec. 1..................................181-182
27. Innocent until proven guilty............................. 7................................................19
28. Jury duty..........................................................29, sec. 1...................................68-69
29. Laid off feeder drivers...................................19, sec. 2...................................197
30. Loss of driver’s license.................................16, sec. 3.1-3.3.........................36-39
.....................................35, sec. 1-2...............................79-80
31. Maternity leave...............................................16, sec. 4...................................39-40
32. Meals and breaks..full time............................18..............................................196-197
33. Mechanics personal tools..............................19, sec. 4.................................198
34. Medical examinations....................................29, sec. 1-4...............................58-60
35. Mileage pay rates...........................................43, sec. 3..................................144
36. New hire orientation.........................................1, sec. 1...................................155-156
37. Option day.......................................................15...............................................188
38. Package car driver..bidding procedure.........3, sec. 8...................................162-163
39. Package car driver..returned to building......19, sec. 6...................................198
40. Package car driver..route change..................3, sec. 9...................................163-164
41. Package car driver..bid coverage jobs..........3, sec. 18................................171
42. Paid for time.....................................................19, sec. 1.................................197
.......................................17..............................................42-43
43. Paid holidays....................................................15, sec. 1-2..............................187-188
44. Part time............................................................22, sec. 1-5..............................61-64
45. Part time breaks...............................................11, sec. 6.................................180
46. Part time employees........................................11, sec. 1-7..............................178-180
47. Part time transfer to full time..............................3, sec. 10...............................164-165
........................................11, sec. 2.................................179
48. Pay periods..........................................................8, sec. 1................................176..
49. Penalty pay........................................................17...............................................42-43
50. Picket line........................................................... 9, sec. 1,3................................27-28
51. Resignation..........................................................2............................................157-158
52. Safety and health rules......................................13, sec. 1-2............................184-185
........................................18.............................................43-58
53. Seniority...............................................................3, sec. 1-7.............................158-162
54. Sleeper teams...................................................43.............................................140-144
55. Stewards.............................................................4...............................................12-14
........................................21..............................................60
.........................................5..............................................172-174
56. Struck goods..................................................... 9, sec. 2....................................27
57. Start time..........................................................12, sec. 4.................................182-183
58. Subcontracting...................................................1.................................................1
........................................26.............................................66-67
........................................32.............................................72
59. Supervisors working..........................................3, sec. 7................................10-11
..........................................1, sec. 2................................157
60. Temporary alternate work (TAW)...................14, sec. 2.................................33-34
61. Tractor trailer school..........................................3, sec. 14..............................168-170
62. Uniforms............................................................42............................................139
......................................... 6............................................175-176
63. Unsafe equipment............................................18, sec. 1................................44-45
64. Vacations..........................................................16.............................................189-194
65. Wages/part time...............................................22, sec. 5................................63-64
66. Wages/full time..................................................41, sec. 2...............................136-137
67. Wages/feeder mileage pay.............................43, sec. 3...............................144
68. Workers comp..................................................14, sec. 1.................................32-33
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January 2008
