End Of The Road

After almost 14 years and much thought, I've decided to pull the plug on this old blog.  Just like everything else, things change and the way people get their news has also.  I want to thank all my readers throughout the years and wish the best for all my brothers and sisters that make our union the best in the world.

Motor Carriers Face New Challenge to Contract Driver Use

A California Supreme Court ruling threatens to upend the use of independent-contractor drivers by motor carriers in the state, creating turmoil for the trucking industry.

In Dynamex Operations West Inc. vs. Superior Court, the court adopted a narrower standard for determining if a worker is an employee or an independent contractor in California wage-and-hour disputes.

Most workers should be considered employees based on the intent of decades of California policy, the court said in the April 30 decision.

“It’s too soon to tell, but this could be a huge upheaval,” said Richard Coyle, president of Devine Intermodal, a West Sacramento freight and logistics company that supplements its fleet of employee drivers with independent contractors in some of its business lines.

The ruling was made in the case of delivery drivers contesting their independent contractor status. The court specifically targeted the question of how to define an employee in a class-action lawsuit filed under California wage-and-hour rules, which govern overtime pay, meal breaks and other basic employment rules.

Despite the narrow focus, businesses worry the ruling will spread to cover any dispute over whether a worker is an employee or independent contractor, including, for example, workers’ compensation lawsuits. It also could be found to include any California business or out-of-state firm that does business in state and uses independent contractors.

“Whenever the California Supreme Court speaks, especially so definitively and somewhat clearly, it will be utilized in different types of industries,” said Hillary Arrow Booth, a Los Angeles transportation lawyer and president of the Transportation Lawyers Association.

How drivers should be classified has become a contentious issue in California.

Since 2011, California port truckers have filed 948 claims alleging that they have been misclassified as independent contractors. Drivers have been awarded more than $48 million in about 450 of those cases, according to the latest data from the California labor commissioner’s office.

Both Los Angeles and Long Beach city officials are looking at whether they have the legal power to take action against motor carriers at Southern California’s port complex who they believe are misclassifying drivers as independent contractors rather than employees.

For now, trucking executives are meeting with their lawyers and trying to work out the potential impact of the court ruling.

“Some of the truck company operators are just sifting through this and figuring out what they are going to do,” said Robert Ramorino, president of Roadstar Trucking Inc. and Peppertree Warehouse & Distribution in Hayward, Calif.

He uses a handful of independent contractor drivers, or owner/operators as they are known in the industry.

“Obviously an operation that uses a lot of independent contractors, they’ve got more risk facing them now,” he said.

That risk includes potential worker lawsuits, regulatory actions over misclassification of workers and potentially higher operating costs because employees cost a company more than independent contractors. They might face a shortage of truck drivers if owner/operators are unwilling to work as employees. The ruling also could affect the outcome of current court cases.

At the same time, industry observers say state or federal legislation could be passed that would carve out exemptions, such as exist in New Jersey, or clarify the uncertainty left by the ruling. Federal law, for example, prohibits states from passing direct economic regulations that might affect interstate motor carriers related to prices, routes or services, which the ruling might be interpreted as doing. A key change made in 2004 to a Massachusetts statute created a similar test to the one adopted by the California court but was determined by the state’s high court two years ago not to apply to motor carriers because it ran afoul of that federal law.

THE ABC TEST IN CALIFORNIA

The court adopted the so-called ABC test that exists in some jurisdictions and requires a company to classify a worker as an employee unless it can prove all three of these factors:

1. Free from control and direction: The worker is free from control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
2. Work is outside of hirer’s usual business: The worker performs work that is outside the usual course of the hiring entity’s business.
3. Independent: The worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity.

The biggest problem for trucking companies that use independent contractors is obviously the second rule.

“That is going to be a very hard threshold for a lot of these employers to meet,” said Doug Bloch, political director at Teamsters Joint Council 7 in Northern California, the Central Valley of California and Northern Nevada.

Previously in California, under the common law known as the Borello test, there were multiple factors to consider, the principal one being whether the hiring company had the right to control the manner and means of accomplishing the desired result.

It’s not just an issue for California trucking companies. Industry players in other states also are looking to see what happens.

“California is a little ahead of, but we are right behind, we are under attack,” said Gail E. Toth, executive director of the New Jersey Motor Truck Association.

New Jersey has had an ABC test for decades, but there are exemptions for many industries, Toth said. As of this year, those exemptions are the potential target of a new state task force on worker misclassification. The California ruling is adding pressure to those efforts, she said.

Some in the industry draw a distinction between entrepreneur owner/operator truck drivers, who know how to run a successful business, and drivers labeled independent contractors by companies that control them as employees but avoid the expense of actually employing them.

Bloch, the union official, said that in the Teamsters national agreement there is language that covers owners/operators. Many trucking companies start with a single truck.

“I would never deny that there is a place in the supply chain for owner/operators,” he said.

“But for the small or large companies that have people that are working exclusively for them, and hiring those people as independent owner/operators, and this is the only place they go for work and they do it more than full– time, I would be nervous about that.”

Yet the California court said the desire of owner/operators to remain independent is outweighed by the need for all workers to be able to access the state’s extensive worker protections under its employee labor laws.

Devine Intermodal previously won an expensive and lengthy court battle with state regulators over alleged misclassification of employees as independent contractors, Coyle said.

“We finally won, completely, but with the new interpretation, we would have lost,” he said.

UPS, UPS Freight Strike-Authorization Vote Timeline

UPS and UPS Freight Teamsters will vote soon to consider giving their respective negotiating committees the right to call a strike, if necessary.

The vote will be conducted by secret ballot as UPS and UPS Freight contract votes have been done in the past, but this time UPS and UPS Freight Teamsters will be using the telephone and Internet through the BallotPoint Election Services voting system.

All members will receive a standard ballot packet in the mail. But instead of a paper ballot that needs to be mailed, each member will receive an individual access code and simple instructions on how to use the access code to vote by telephone or internet.

This ballot process will be conducted by BallotPoint, an election services provider which has specialized in electronic balloting and polling since 1999. Their system is secure and protects the secrecy of each member’s vote. In other words, no one will know how you voted!

The Teamsters Union has used BallotPoint extensively over the past three years to conduct contract ratifications.  All of the ratifications were conducted without incident or challenges.

Regarding the upcoming strike-authorization vote, here is the timeline:

• Balloting Information to be mailed on or about Tuesday, May 15 
• All members should receive their ballot by Monday, May 21
• Local Unions can begin submitting forms on the members behalf to the Package Division requesting to be re-credentialed on Tuesday, May 22
• For Local Unions submitting forms on behalf of members to be re-credentialed, the DEADLINE is Friday, June 1 Noon Eastern Time
• Votes are due by 8 p.m. Eastern Sunday, June 3
• Deadline to submit challenges is Monday, June 4 at 8 p.m. Eastern Time
• The vote count is at 8 p.m. Eastern, Tuesday, June 5 

Click the links to read the strike-vote materials being mailed to UPS members and UPS Freight members.

Freight Teamsters at ABF Ratify National Master Portion of Contract

Drivers, Dockworkers, Office Workers Also Approve Most Area Supplements

Teamsters employed at ABF Freight System, Inc. have ratified the national master portion of the agreement and all but 9 supplements. The supplements that were rejected, however, must be addressed before the national agreement can take effect. Votes were counted today. Click here for a list of the vote by supplement.

“We realize that some of our ABF members have concerns that are unique depending on their areas,” said Ernie Soehl, Director of the Teamsters National Freight Division and Co-Chairman of the Teamsters National Freight Industry Negotiating Committee (TNFINC). “We will work with the Supplemental Committees in those areas to discuss those issues. We will then work to address supplemental issues with the employer and, if appropriate, seek to obtain revisions to the supplements for re-balloting so that the national master contract and all the supplements can take effect.”

The national contract covers about 8,000 drivers, dockworkers, mechanics and office workers.

Once fully ratified, the new national contract will restore the week of vacation that was previously given up, will provide annual wage increases, and will significantly improve protections for members from purchased transportation. It will also provide for annual increases to health and welfare funds and maintains the current contribution rates for all pension funds and provides protection to members if a pension fund expels ABF.

 ABF Voting Results

Fifth Week of UPS Negotiations Highlights Excessive Overtime, Harassment, CDL Requirements

The Teamsters UPS National Negotiating Committee has concluded its fifth week of negotiations and achieved tentative improvements to parts of the contract covering excessive overtime, harassment and other issues. The UPS Freight National Negotiating Committee made progress on CDL training requirements this week.

“The committee reached tentative agreements on a number of issues,” said Denis Taylor, Director of the Teamsters Package Division and Co-Chairman of the union’s UPS Negotiating Committee. “The tentative agreements on particular articles are not final until the entire contract is negotiated, but the committee wants to keep members updated.”

So far the negotiations have focused on the union’s proposals. The Teamsters and the company have reached tentative agreements on many proposals, including articles 3.1, 3.3, 3.7, 6.4, 8.7, 12, 17 and 37.

The Safety and Health Committee has reached tentative agreements on Articles 14, Sections 1 and 2; Article 16, Section 4; Article 18, Sections 1, 3, 6, 18.1, 21 and (new section) 28; Article 20, Section 4; Article 35, Section 3.3; and Article 44, Section 1 and 2.

On Article 37, the union has made significant improvements to Sections (a) harassment, (b) eight-hour days and (c) over 9.5.

On Article 37, Section (a), the tentative agreement will create a new Article 37 National Committee to deal with harassment. The new committee will have a sitting arbitrator to break deadlocks. The committee will have contractual authority to award a monetary penalty of up to three days pay depending on the severity of the offense. The new language would also require any member of management deemed by the committee to have committed two or more violations in a two year period to appear in person before the committee for any subsequent grievance(s).

Under the Article 37 (b) tentative agreement, if UPS fails to adjust a driver’s dispatch to comply with this section, the driver will receive the current two hour penalty and also retain the eight hour request for later use.

On the Article 37 (c) tentative agreement, the drivers will no longer need to wait for a violation to get on the 9.5 list or go to the manager to get on the list. The union will collect the names of drivers who want to be on the 9.5 list and provide those names to management in January and June. In addition, a driver may elect to add or remove their names to the list at ANY TIME during the two five month periods, with one week's notice to UPS.

Finally, the provision dealing with repeated violations has also been significantly improved. The current language triggers a review by UPS and the union after three violations in a five month period and a higher level of review after any subsequent violation in that same five month period. The new language removes the first level review and triggers the higher-level review after four violations in a calendar year, which will expedite that process.


UPS Freight
The Teamsters National UPS Freight Negotiating Committee made strides in securing stronger language for members during this week’s negotiations.

The union has tentatively agreed to a true training program that will encourage bargaining unit employees to obtain their CDL in order to fulfill full-time CDL positions. The qualifications to achieve these full-time driving positions have been streamlined as well, by reducing the time requirements.

The next round of negotiations is scheduled for the week of April 8.

Herschel Evans of Holland is CVSA’s 2018 International Driver Excellence Award Winner

The Commercial Vehicle Safety Alliance (CVSA) is proud to announce Herschel Evans of the trucking company Holland as the winner of the 2018 International Driver Excellence Award (IDEA). Evans has driven more than 3 million miles over 30 years; 25 of those years with Holland.

“After my company nominated me, I read the impressive bios of the previous winners and I did not think I belonged in that group,” said Evans. “I feel extremely honored to be selected.”

Launched in 2015, IDEA recognizes commercial motor vehicle drivers who distinguish themselves conspicuously and beyond the normal call of duty through the achievement of safe operation and compliance carried out with evident distinction for an extended period of time.

Like many commercial motor vehicle drivers, Evans truly loves what he does. “It is never the same day twice,” he said. “There is nothing boring about driving for a living. You get to see the inner workings of many different places. All of the places that make your community run are kept running by us drivers delivering what they need. Every day has a sense of doing something that is necessary.”

Full Story Here..............

Pension committee must deliver on retirement promise

Years of hard work by Teamsters, retirees and other unions to reform the faltering multiemployer pension system finally are paying off. Late last month, congressional leaders announced the members of a bipartisan congressional pension committee, tasked with finding a solution to the nation’s looming pension crisis by this November, and the panel met for the first time on Wednesday.

It’s not a moment too soon. There are about 1.5 million retirees in desperate need of quick action to save the retirement nest eggs they spent decades contributing to, on the premise they would be financial secure in their golden years. There also are hundreds of thousands of workers who are enrolled in these pension plans who deserve assistance, too.

As it stands, there are about 200 multiemployer plans across the country — including the Teamsters’ Central States Pension Fund — that are in danger of failing. The House-Senate Joint Select Committee, chaired by pension reform advocate Sen. Sherrod Brown (D-Ohio), needs to find a vehicle that will deliver for these hard-working Americans who are paying, or have paid, into the pension pool and have played by the rules all their lives.

Luckily, the panel’s 16 members don’t have to look far to find a vehicle that would fit the bill. This union supports the passage of the Butch Lewis Act of 2017 (H.R. 4444/S. 2147), which has gained bipartisan support since its introduction in Congress late last year by Sen. Brown and Rep. Richard Neal (D-Mass.).

Republicans such as Reps. Peter King and Dan Donovan of New York, Chris Smith, Frank LoBiondo, and Tom MacArthur of New Jersey, Brian Fitzpatrick and Ryan Costello of Pennsylvania, and Kevin Cramer of North Dakota and Don Young of Alaska understand the value of the bill and should be lauded for supporting this legislation. The measure would boost financially-troubled multiemployer pensions so they don’t fail. It would create an agency under the Treasury Department that would sell bonds in the open market to large investors such as financial firms.

The agency, the Pension Rehabilitation Administration (PRA), would then lend money from the sale of the bonds to the financially-troubled pension plans. Plans that are deemed “critical and declining,” as well as recently insolvent but non-terminated plans and those that have suspended benefits, would be eligible to apply for the program. 

Pension plans borrowing from PRA would be required to set aside the loan proceeds in separate, safe investments such as annuities or bonds that match the pension payments for retirees. For those plans needing additional help to meet retiree obligations, the Pension Benefit Guaranty Corporation would be available to make up the difference. Those applying for loans to the PRA — which would be charged with approving all loans before they could be issued — would have to submit detailed financial projections. And, pension plans that have borrowed money would have to submit reports every three years to the PRA to show that the loans are working.

Last December, Teamsters were among the hundreds of union members who came to Capitol Hill to rally in support of the Butch Lewis Act. There, they joined Senate Democratic Leader Chuck Schumer (N.Y.), House Democratic Leader Nancy Pelosi (Calif.), Sen. Brown, Rep. Neal and others to push for the legislation. Retirees were on hand to share their stories.

Mike Walden, a former truck driver and Teamster retiree from Akron, Ohio, recognized years ago that pensions such as the one he receives from the Central States were in dire straits. Now he is president of the National United Committee to Protect Pensions and chairman of the Northeast Ohio Committee to Protect Pensions.

He told those on hand that day that any cut in pensions would devastate the well-being of retirees and force many out of their homes and into a life that, at their advanced age, they cannot handle. “Many of us are old; we can’t go back to work because we’ve had joint replacements, or some of us have lost our eyesight. We have medications that wouldn’t allow us to drive the trucks or work in warehouses like we used to,” Walden said. “Many can’t afford their medications if you reduce their pensions. They’ll die.”

That is what is at stake in this battle for justice. These workers aren’t asking for a handout; they just want what is rightfully theirs. It’s time for the joint committee to get to work and endorse this legislation that will make retirees whole. They’ve waited long enough.

Teamsters, ABF Grapple with Detailed Economics

The Teamsters National Freight Industry Negotiating Committee (TNFINC) and ABF Freight System began discussing wages and benefits this week and the Teamsters remain committed to fighting hard to protect members’ interests.

The current 2013-2018 contract expires at the end of this month. After several weeks of progress on language issues, the inevitable topic of pay and benefits has now been formally opened. As expected at this stage, the parties appear far apart, but the union is committed to fighting hard to maintain the current structure of health care and retirement benefits that are extremely important to the membership. The union also made clear to the company that it believes the robust economic environment for trucking services that has improved over the past year, along with the demand for seasoned drivers and the valued services of all ABF Teamsters, should be reflected in any economic settlement.

The company did not provide an immediate counter offer and instead is taking time to study the union’s economic proposal. Nevertheless, the parties continued working to address some outstanding language issues as well as some supplemental issues.

“I would have liked more back and forth this week in terms of economic discussions but I hope the company takes the next several days to appreciate the important contributions that all Teamsters make to the long-term success of this company,” said Ernie Soehl, Co-Chairman of TNFINC and the union’s lead negotiator. “We will have small group meetings next week to better analyze each party’s positions, and then fully resume talks on March 26 with the goal of reaching a new agreement by the month’s end.”

Members of the National Negotiating Committee also took time this week to visit the ABF Kansas City terminal and speak directly with members.

“Our ABF membership is an outstanding group of freight Teamsters who value both the company’s historic success and the Teamster’s role in making that happen,” Soehl said. “One thing was made clear: they really expect ABF to step up and do the right thing during these difficult contract negotiations.

We are now in the most difficult phase of these important talks but remain united and committed as a bargaining team to reaching a tentative agreement that meets both the goals of the membership while also allowing the company to maintain and grow its successful position in the trucking industry. The continued support of the membership over the next couple of weeks will be absolutely critical toward the positive and successful resolution of these talks,” Soehl said.

Top ABF Freight Drivers Earn Recognition on Road Team

ArcBest is pleased to announce that its less-than-truckload carrier ABF Freight has chosen 12 professional drivers for the 2018-2019 ABF Freight Road Team.

Members of the 2018-2019 ABF Freight Road Team and their service centers are: Scotty Davis, Kansas City, Missouri; Scott Scheuffele, Ontario, Oregon; Brian Petrovcic, North Lima, Ohio; Todd Wilemon, Tupelo, Mississippi; Matt Meadows, Charleston, West Virginia; Allen McNeely, Charlotte, North Carolina; Jimmy Smith, Roanoke, Virginia; Sammy Brewster, Atlanta, Georgia; Eric Patterson, Phoenix, Arizona; Don Wood, Albuquerque, New Mexico; Jon Herman, Kansas City, Missouri; and Russ Lauver, Carlisle, Pennsylvania.

“We are proud to have these exceptional representatives among the ranks of ABF Freight’s professional drivers,” said Mark McMinn, ABF Freight senior vice president of Operations and Safety. “Each Road Team member has superb driving skills and an outstanding safety record. Their commitment to our customers’ goods, as well as their commitment to the safety of the driving public, makes them excellent ambassadors to represent ABF Freight and the trucking industry.”

To be eligible for the ABF Freight Road Team, candidates must have at least 10 years of driving experience and an exemplary driving record. Road Team membership is one of the highest honors an ABF Freight driver can achieve.

“With drivers like these, it’s no wonder why ABF Freight has been a trusted partner our customers have depended on for over 95 years,” McMinn said.

During two-year terms, ABF Freight Road Team members serve as ambassadors for ABF Freight as well as the trucking industry at large. They are available for speaking engagements at civic and fraternal organizations, school events, career days and other events around the country. When called upon, Road Team members speak about driving safety, the image of the truck driver, sharing the road with trucks, or other subjects of community or industry interest.

YRC Freight Driver Bobby Elrod Reaches Safety Achievement of 5-Million Accident-Free Miles

In his 45-year career with YRC Freight, Bobby Elrod has reached the elite safety milestone of driving five-million consecutive miles without a single accident. The company will recognize his safety record with an event at 10 a.m., on March 6, at its Chattanooga terminal.

In honor of Elrod's achievement, he will be welcomed into the company's five-million miler Driver Hall of Fame. YRC Freight will also donate 50 children's car seats to the Tennessee Highway Patrol--one for every 100,000 miles he has driven without a single accident.

"Bobby is a true professional with a genuine dedication to the safety of the motoring public. Each day he demonstrates self-discipline, constant focus and commitment," says T.J. O'Connor, YRC Freight president. "We are introducing a new trailer wrapped in his honor to showcase his great safety accomplishment. Here at YRC Freight, we couldn't be prouder of his five-million miles driven over four and a half decades without a single accident."

Elrod observed, "I've driven out of Nashville, Knoxville and Chattanooga at different times for the company. I was proud to be the first Smith System instructor in Nashville and train our drivers. I always put safety first. I came from a family of truck drivers--my dad, two uncles, a brother, and a brother-in-law--they were all truck drivers. It's in my blood. I was only nine or ten when my dad passed away. Not that long ago, I went out to the cemetery. I told my dad, ‘I've reached five million miles without an accident, Dad. Can you imagine?' It was a good moment. I've been blessed. I was able to put both my boys through college, and see them graduate without owing a penny. The company has been really good to me and my family."

"To put those miles in perspective, five million miles is like driving to the moon and back over ten times or driving around the equator 200 times--all without a single accident. I tip my safety hat to him, and I send my heartfelt thanks to his family for sharing Bobby with us," says Terry Budimlija, YRC Freight Safety Director.

A resident of Chickamauga, Ga., Elrod averages over 2,000 miles a week. He will be presented with a celebratory watch, die cast YRC Freight truck, plaque and a five-million miles accident-free commemorative jacket at the celebration.

Brown Briefs Teamsters, Union Members On Effort To Save Their Pensions

More than 100 Teamsters and other union retirees and active members crowded into a union hall in Canton Sunday morning to get an update from Sen. Sherrod Brown on what it may take to save their pensions. The crisis that could affect 60,000 Ohioans and a million-and-a-half workers and retirees.

Brown was appointed last week to co-chair an unusual joint committee of the House and Senate. By the end of the year, it’s charged with coming up with a way to restore the precarious finances of what are called multi-employer pensions for groups like the Teamsters, mineworkers and carpenters.

Brown has been pushing a fix called the Butch Lewis Act, which would provide a low-interest, 30-year loan to the pensions. Though the union hall was filled with Butch Lewis signs and shirts, Brown acknowledged uncertainty.

“I don’t have preconceived notions on what we end up with," Brown said. "I’d love to end up with Butch Lewis, I think that’s the best idea. But I also understand we’ve got to get five Republican and five Democratic votes.”

The 16-member committee is evenly divided between Democrats and Republicans. If it gets the bipartisan deal from at least 10 of them, the measure will go to the full House and Senate for a straight up-or-down vote.

Teamsters Call on Joint Select Committee to Move Quickly to Solve Pension Crisis

Millions of Active and Retired Workers Face Uncertain Future Without Legislative Fix


Following the announcement of the final members of Congress that will serve on the bipartisan, House-Senate Joint Select Committee on Solvency of Multiemployer Pension Plans tasked with finding a solution to the nation’s looming pension crisis, the Teamsters Union called for a commitment by the legislators to report a bill as soon as possible, and not wait until the November deadline.

The retirement security of as many as 1.5 million active and retired workers could be at risk if pension legislation is not passed soon. The committee, which is comprised of eight senators and eight members of the House evenly divided by party, will work toward reporting a bill to solve the pension crisis. The Teamsters Union supports the passage of the Butch Lewis Act of 2017 (H.R.4444/S.2147) which was introduced in Congress last November by Sen. Sherrod Brown (D-OH) and Rep. Richard Neal (D-MA) and has received bipartisan support.

“Now that party leadership has appointed the members of Congress who will serve on the committee it is time to get to work,” said Teamsters General President Jim Hoffa. “Millions of active and retired workers can’t wait until November for this committee to act. We already have a strong piece of legislation already in Congress in the Butch Lewis Act and the Teamsters Union believes it offers the best solution to the pension crisis.”

Teamsters Continue Push for Improvements in Fourth Round of UPS and UPS Freight Negotiations

The Teamsters National UPS Negotiating Committee pushed for improvements on a variety of issues as the fourth round of contract negotiations with UPS and UPS Freight wrapped up today.

“We still believe it is early in the negotiations process and things are progressing. We are maintaining our stance on issues that members have indicated are the most important,” said Denis Taylor, Director of the Teamsters Package Division and Co-Chairman of the Teamsters National UPS Negotiating Committee.



The following issues were on the table this week:

Article 6   – Technology and Discipline;

Article 14 – Temporary Alternate Work;

Article 15 – Military Leave – spousal transfers;

Article 16 – Maternity Leave;

Article 17 – Paid For Time; dealing with members’ ability to review hours and rates of pay as well as confirmation and identification of grievance payments;

Article 18 – Building Heat and Distracted Drivers;

Article 29 – Funeral Leave;

Article 35 – Drug and Alcohol Testing;

Article 37 – Overtime; and,

Article 43 – Delay Time and Extensions and Diversions of Runs

“During UPS Freight national negotiations this week, we continued to make gains,” said Kris Taylor, Co-Chair of the Teamsters National UPS Freight Negotiating Committee. “In particular, Article 4: Stewards; Article 5: Seniority; Article 6: Discipline; Article 14: Military Clause; and, Article 37: Suspension or Revocation of License and Employee’s Bail.”

The next round of negotiations will take place March 19-22.

Teamsters Make Continued Progress at ABF Negotiations

This past week the Teamsters National Freight Industry Negotiating Committee (TNFINC) and ABF Freight resumed bargaining for a new national collective bargaining agreement, and the parties continued to make progress on issues important to members.

Representatives from the union and the company discussed the status and role of ABF within the ArcBest corporate family and had a positive dialogue concerning the future of ABF in the evolving transportation marketplace. The two sides also discussed various methods for growing work at ABF Freight and preserving Teamster jobs, and both sides also discussed equipment improvements.

Only a few issues remain unresolved in terms of the National ABF National Master Freight Agreement (NMFA) language articles. Both sides also had discussions on some supplemental agreements.   

Negotiations resume in Kansas City on March 12 where economics will likely be on the table as well as language in supplemental agreements. Prior to the next round of negotiations, the company will be sharing additional economic and business data with TNFINC’s economists.

“This week’s session was positive and productive,” said Ernie Soehl, Director of the Teamsters National Freight Division and Co-Chairman of TNFINC.  However, Soehl cautioned that “the upcoming economic discussions, including pension and health and welfare are likely going to be very difficult.”

Soehl reaffirmed that “TNFINC is 100 percent committed to getting the best possible contract” and that the union committee remains united and focused on addressing the membership’s objectives.

US public employees mobilize as Supreme Court weighs union rights

An impending US Supreme Court decision threatens the right of public employees to union representation and collective bargaining, and it is a decision that will “hit every public-sector worker across this country,” says Corey Upchurch, a school bus driver for special needs children in Washington DC.

“Just imagine if money is taken off your table, or you’re not able to send your child to college or you not able to retire because you don’t have a pension,” says Upchurch, a father of three children, ages 16, seven and five. “That’s what this case is trying to do.”

Upchurch was amongst thousands of US public employees and their allies who rallied in the US capital this past weekend to demand the High Court respect fundamental worker rights. The Court’s decision will directly affect nearly 18 million public sector workers, disproportionately impacting African-American women – who make up 17.7 percent of public employees. African-American women are paid only 65 cents of the dollar that their white male counterparts are paid – and unions help reduce this pay gap.

The issue involves “agency fees,” which are deducted from paychecks to cover the costs of union representation. The case was brought by an Illinois public worker, Mark Janus, against his union, the American Federation of State, County and Municipal Employees (AFSCME), and is part of a larger corporate attack on freedom of association in the United States and, more broadly, around the world.

“The loss of agency fees threatens to trigger an insidious free rider dynamic in which some workers avoid paying for the union’s representation thus weakening the union’s ability to defend the workers it represents, which in turn will discourage others from paying, perpetuating a destructive cycle that quickly undermines union strength,” says Joseph McCartin, executive director of the Kalmanowitz Initiative for Labor and the Working Poor at Georgetown University.

Full story here..............

Teamsters Make Further Progress During Third Round of UPS Contract Negotiations

The Teamsters National UPS Negotiating Committee continued to make progress on a variety of issues as the third round of contract negotiations with UPS and UPS Freight wrapped up today.

“We made further progress on a number of non-economic issues,” said Denis Taylor, Director of the Teamsters Package Division and Co-Chairman of the Teamsters National UPS Negotiating Committee. “We look forward to more progress when we resume negotiations next week.”

Among other issues, the following were on the table this week:

• Article 12, Polygraph/Timeclocks; dealing with members’ rights to receive copies of ODS messages;
• Article 17, Paid For Time; dealing with members’ ability to review hours and rates of pay as well as confirmation and identification of grievance payments;
• The Committee introduced a proposal dealing with Hours of Service for Package Drivers;
• The Committee made further progress on Article 37, Section 1A, Harassment;
• The Committee continued its discussion on the work week; a supplemental issue that the National Committee is coordinating.

In addition, subcommittees continued to meet in conjunction with the National Committee dealing with topics such as Leave of Absence, Temporary Alternate Work, and the Hazardous Materials Handling Program

“At UPS Freight negotiations, the union committee continued to make progress on several issues, including CDL training and grievance procedures,” said Kris Taylor, Co-Chair of the Teamsters National UPS Freight Negotiating Committee.

The next round of negotiations will take place Feb. 26-March 1.

With only a few logs rolled, ABF, Teamsters already at loggerheads

Company warns of pension crisis that will require action; union wants to cap intermodal, purchased transportation expense, restore lost ground from 2013.

It's still early, but talks to hammer out a collective-bargaining agreement between ABF Freight, the less-than-truckload unit of ArcBest Corp., and the 8,200 full-time Teamsters union members who work for the unit is shaping up to be just as difficult as the last go-round five years ago.

Negotiations resumed on Monday in Kansas City after two rounds of talks that moved the needle a bit, but not by much. ABF said in a memo last Friday that progress had been made on unidentified "mutually agreeable" language, but that "significant issues" remain to be discussed. The memo did not mention the core issues still on the table, but they no doubt mean employee wages, and perhaps more important, the cost of the company's pension plan, which is significantly higher than that of YRC Worldwide Inc., ABF's only unionized rival. The five-year ABF-Teamster contract expires March 31.

The two sides first exchanged proposals on Dec. 18, with the Teamsters' freight division seeking cost-of-living adjustments for each year of the contract and ABF calling for an across-the-board wage freeze effective July 1, 2018. The company has agreed to restore one week's vacation for union members that was eliminated in the 2013 contract, with the condition that the two sides identify cost savings to offset the increased expense associated with adding back the vacation week.

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UPS and UPS Freight Teamsters Taking Active Role As Negotiations Set To Resume February 19

UPS Contract Update for February 8

As the Teamsters National UPS and UPS Freight Negotiating Committees prepare to resume contract negotiations on February 19, members are continuing to take an active role and asking questions.

More than 20,000 Teamsters joined the UPS and UPS Freight contract negotiations update call on January 28, and scores of members left questions after the call.

Many of the questions addressed health, welfare and pension benefits, part-time pay, full-time jobs, harassment, excessive overtime, managers taking bargaining unit work and other important topics. Members were able to ask questions and then leave a message with a question after the call for the Division to review. Below are the most frequently asked questions.

Q: Will we address health and welfare and pension benefits?

A: Our negotiating committee sees this as a top priority for our members. Our surveys and feedback from members back this up. The IBT will continue to fight for the best benefits possible. We have received many proposals from the membership on these issues. Economic issues such as health and welfare and pension contributions, wage increases and wage progressions are discussed after many of the language proposals dealing with conditions are addressed. It is difficult to tell exactly when that will occur but we will let the membership know when that time comes.

Q: What is the IBT doing about the fact that there are not enough people filling part-time jobs?

A: Addressing understaffing in all classifications is a top priority. We will attempt to address this by bringing the part-time wage scale up. This will help with retention of part timers already working and allow UPS to hire a sufficient number of employees to staff its operations. We consider the current wage scale to be outdated, and UPS will have a hard time saying otherwise.

Q: Will more part-time jobs be converted to full-time in this contract?

A: We are proposing 10,000 additional full-time jobs over the term of the new contract. This is another way to address the chronic understaffing.

Q: How are we addressing harassment on the job?

A: We have a strong proposal under Article 37 Section 1 that addresses this ongoing problem. Currently, the union and the company have proposals that are far apart on this issue. However, this is a serious concern for many of our members and we will continue to fight for strong language.

Q: When will the IBT address the 70 hour/8 day work week and excessive forced overtime?

A: We have a proposal under Article 37 Section 1 (c) that essentially revamps the “9.5” process. As the negotiations proceed, the hours of service issue will be dealt with as part of an overall discussion on overtime. The committee’s position is very clear: the 70 hour/8 day work week does not work for Package Drivers.

Q:  Are you going to push for one-line seniority at UPS Freight?

A: The Union has proposed “work rules” to either be negotiated on a local or regional basis and this is where that particular issue would be addressed. According to input from the negotiating committee, not all locations want a single/one-line seniority board.

Q: We continue to see road runs being moved by subcontractors at UPS Freight. Are we going to address that?

A: Yes. This has been an ongoing problem at UPS Freight. We have specific proposals to deal with subcontracting - It is the number one issue at UPS Freight.

While the committee cannot answer every question, a FAQ (frequently asked questions) section has been added to the UPSrising app under the UPS Rising news category (see information on how to download the app below.) As negotiations continue, the FAQ will be expanded to include more questions and answers.

“We appreciate all the members who left questions for the committees and we will continue to provide answers to these questions as negotiations move forward,” said Denis Taylor, Director of the Teamsters Package Division and Co-Chairman of the National UPS Negotiating Committee.

The next round of negotiations will take place Feb. 19-22. 

Teamsters Celebrate & Remember James R. Hoffa

Visionary Labor Leader Born 105 Years Ago

“While working men and women have long known the value of a dollar—it is a lesson well taught to one who labors for a living—it has taken a long, long time to teach employers the value of a human being, and in many cases has not yet been successfully taught. Few give thought to what happens to displaced workers, but they can analyze to the penny what the profits will be.” –James R. Hoffa

Each year in February, Teamsters take a moment to reflect upon and remember a leader who changed the course of history for working men and women in America. James R. Hoffa, born February 14, 1913, served as General President of the Teamsters Union from 1957 to 1971. In that time, he inspired thousands to stand up and let their voices be heard.

His words, spoken more than 50 years ago, resonate just as profoundly today as they did then.

As General President, Hoffa honed his well-earned reputation as a tough and effective bargainer, and gained the respect of labor and business leaders alike across the country. He worked hard to expand the number of working men and women who were protected by union contracts and, under his leadership, the union’s membership rose to include more than 2 million workers.

Hoffa’s crowning achievement was the 1964 National Master Freight Agreement, which united more than 400,000 over-the-road drivers under one contract. This contract, a feat that had been declared virtually impossible by many, lifted more workers out of poverty and into the middle class than any other single event in labor history. Congressman Elmer Holland (D-PA) was quoted as saying, “Jimmy Hoffa has put more bread and butter on the tables for American kids than all his detractors put together.”

“My father’s devotion to the Teamsters and their families was—and remains—legendary. His whole life was dedicated to bettering the lives of America’s working families,” said James P. Hoffa, General President of the Teamsters Union. “I can think of no better way to honor his legacy than to continue fighting on behalf of working people everywhere.”

Teamsters Report Progress At ABF Negotiations

This week the Teamsters National Freight Industry Negotiating Committee (TNFINC) and ABF Freight resumed bargaining for a new national collective bargaining agreement and the union reported progress on some of the issues. The current agreement is set to expire on March 31, 2018.

The parties met in Kansas City and made progress in several areas. For example, progress was made on tightening up language to address concerns about the use of purchased transportation and to improve job security. The union committee also stood firm in its opposition to the company’s controversial drug-testing and fitness-for-duty proposals and, after many spirited meetings, the company ultimately withdrew these proposals. As a result, there will be no changes to Article 35.

Other issues were also addressed including improvements to certain equipment and additional disciplinary protections. TNFINC Co-Chairman and Teamsters National Freight Division Director Ernie Soehl said he was encouraged by the progress.

“Addressing the use of purchased transportation and improving job security are two of the main objectives of the bargaining team,” Soehl said. “We made good progress on some important issues, but tough items, including the major economic issues, remain to be tackled.

“Our committee has done an amazing job of showing solidarity, working hard and is 100-percent committed to achieving our goals and representing the interests of the membership,” Soehl said.

Soehl said he greatly appreciates the support that the membership has shown for the committee in recent weeks.

“The committee has received near universal support from the membership, and that is who we are working for,” Soehl said.

Negotiations resume on February 26.