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UPS Teamster Magazine, Summer 2011 - International Brotherhood ...

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NEWS SUMMER <strong>2011</strong>GLOBAL DELIVERYUnion Leaders Exchange Information and Bolster SolidarityNetwork meeting in Frankfurt, Germany.The purpose of this annual meeting isto review developments in global unioncoordination on global delivery companiessuch as <strong>UPS</strong> and FedEx.The <strong>Teamster</strong>s were among 80 unionparticipants from 28 countries in attendanceat the conference. Unions fromAustria, Belgium, Germany, Ireland,Netherlands, Turkey and the U.K. joinedthe <strong>Teamster</strong>s to discuss issuesconcerning <strong>UPS</strong> members acrossthe globe.“I heard many complaints that echoour own challenges including unfair productionstandards, misclassification, outsourcingand management opposition tounionization.” said Tim Beaty, theDirector of Global Campaigns for the<strong>Teamster</strong>s Union and a participant in themeeting. “We have to understand theirbusiness practices in the global supplychain in order to develop winning campaignstrategies, whether we’re trying tosupport <strong>UPS</strong> <strong>Teamster</strong>s or organize newworkers at FedEx.”The meeting provided the opportunityfor union representatives to share informationand ideas. Among the topics discussedat the meeting were organizing efforts at<strong>UPS</strong> by both the Turkish transport unionTumtis and the German union ver.di.Package Division Director Ken Hall hasoffered his support in both campaigns.FedEx’s international practices werediscussed at the meeting as well, includingtheir familiar reliance on subcontractors(called “Global Service Participants”abroad) and a recent strike by FrenchFedEx workers at the FedEx SouthernEuropean hub at Charles de GaulleAirport in Paris.The <strong>Teamster</strong>s Union has alwaysrecognized in the importance ofsolidarity with unions across theglobe. Never has this been as critical inlabor history as today, when companieslike <strong>UPS</strong> and FedEx generate huge profitsfrom their international business segments.Additionally, the impact of the<strong>Teamster</strong>s Union’s work is no longerlimited to our shores—we are connectedto package industry workers across theglobe by the nature of the supply chain.In late May, <strong>Teamster</strong> representativesattended the <strong>International</strong> TransportWorkers’ Federation-Union Network<strong>International</strong> (ITF-UNI) Global Delivery<strong>UPS</strong> FreightSubcontractingArbitration UpdateAt a hearing in Dallas on May 5,<strong>UPS</strong> Freight requested anadjournment to review documentsand analysis that the unionpresented. The arbitrator grantedthe adjournment and a secondday of hearings has been scheduledfor mid-October. Checkwww.<strong>Teamster</strong>.org for updates.2 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


ECONOMIC REPORT ON <strong>UPS</strong>Despite recession, <strong>UPS</strong> Reporting Record EarningsAs <strong>UPS</strong> <strong>Teamster</strong>s get closer to negotiations, it’simportant for members to have some insightinto <strong>UPS</strong>’s current financial state.The U.S. economy remains deeply impacted by highunemployment, with spending down and gas priceshigh. Nevertheless, United Parcel Service has more thanweathered the storm. In fact, the company had theopportunity to report some highly impressive earningsgrowth at its recent annual shareholder meeting.In April <strong>2011</strong>, <strong>UPS</strong> reported first-quarter profits ofmore than $1 billion. Revenues for the first quarterimproved 24 percent from this time last year, from$11.73 billion to $12.58 billion. Average volume per day(for all segments of the business) also ticked upwardfrom 14.9 million during the first quarter of 2010 to 15million in the first quarter this year.<strong>UPS</strong> beat analysts’ expectations for the quarter, overcominghigh fuel prices and terrible weather conditions.Despite stiff competition from FedEx Ground, <strong>UPS</strong>’domestic package segment saw a huge increase in operatingprofit, which jumped 29 percent.The picture for <strong>UPS</strong> was rosy in its supply chainand freight segment as well. The numbers here werebetter than ever, with revenues up more than 23 percentover the prior-year period, and operating profitsup 44 percent.<strong>Teamster</strong> members have driven <strong>UPS</strong>’ growth into itscurrent industry lead. The chart below highlights thesteady growth in average daily package volumes over theyears spanning the current and prior contract, with onlya slight dip during the peak of the recession (thesenumbers are reported in <strong>UPS</strong>’s yearly 10-K filing withthe Securities and Exchange Commission). As can beseen below, package volumes are once again rising.“The hard work of <strong>UPS</strong> <strong>Teamster</strong>s has made thiscompany one of the most profitable in the country,”said Ken Hall, Package Division Director and<strong>International</strong> Vice President. “We know that when wereturn to the table to bargain the next contract, <strong>UPS</strong>cannot cry poverty.”<strong>UPS</strong> Domestic Package Volumes *14,00013,50013,00012,50012,00011,50011,0002002 2003 2004 2005 2006 2007 2008 2009 2010* These are the average daily package volumes as reported in <strong>UPS</strong> 10-K filings to the SEC. The numbers are in millions.www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 3


NEWS SUMMER <strong>2011</strong><strong>UPS</strong> <strong>Teamster</strong>sto Receive 12-CentCOLA Increase————— Inflation Relief Kicks in August 1 —————<strong>Teamster</strong>s who are seniority employees<strong>UPS</strong>and who have completed their appropriatewage progression schedule will receive a 12-cent-per-hour cost-of-living adjustment (COLA)effective August 1, <strong>2011</strong>, as set forth in the NationalMaster <strong>UPS</strong> Agreement.Those employees who are in a wage progressionat that time will receive the increase once they completethe progression.These payments are in addition to the scheduledgeneral wage increase of 42.5 cents per hour, alsoeffective August 1, <strong>2011</strong>.Article 33 of the National Master <strong>UPS</strong> Agreementprovides for a COLA in the event that the ConsumerPrice Index (CPI) indicates a significant increase ininflation. The CPI increased 4.1 percent at the end ofMay from the prior 12 months, thus, the COLA inthe contract was triggered.“This is fantastic news for our members, especiallysince so many Americans continue to feel thepain of rising gas and food prices,” said Ken Hall,<strong>International</strong> Vice President and Director of thePackage Division. “This COLA will become andremain a fixed part of the base wage rate for alljob classifications.”Employees who have not completed their appropriatewage progression on August 1, <strong>2011</strong> willreceive the adjustment on the date they completetheir wage progression schedules.For employees paid under the mileage provisionsof Article 43, the COLA increase will be 0.3(three-tenths of a cent) cents per mile.4 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


BackPay atCSI<strong>UPS</strong> Cartage Services Members Win Large SettlementCartage Services members scored a big win<strong>UPS</strong> recently after it was determined that the companywas failing to follow the proper new-hire wage progressionin the contract.The story began in February 2009 when Local 344Business Agent Bill Carroll discoveredthat <strong>UPS</strong> CSI (Cartage ServicesInc.) was not following the propernew-hire wage progression.A grievance was filed and made itsway through the grievance procedure.Meanwhile, the <strong>Teamster</strong>sPackage Division notified all CSIlocal unions to review the issue intheir areas. Several locals discoveredthe same problem and also invokedthe grievance procedure.The violation involved a provisionin the National CSI Supplement to theNational Master <strong>UPS</strong> Agreement.When the 26 former Menlo “whitepaper” contracts were brought intothe master agreement as a single supplement,there was a wide range ofwages, from $16 per hour up to $27per hour.Modeled after the part-time wage “catch-up” from the1997 and 2002 collective bargaining agreements, the CSI“catch-up” provision brings lower-paid full-time CSI driver/dockworkersup to equivalency with full-time air driversunder Article 40 by the end of the current contract.This is achieved by providing an additional semi-annualwage increase over and above the Article 41 general wageincrease.Under the Local 344 progression, the newly hired drivermakes a percentage of the current top rate. <strong>UPS</strong> violatedthe contract by only using the NM<strong>UPS</strong>A GWI to calculatethe new-hire percentage, ignoring the“catch-up” for new hires. The unionadvanced the grievance through thegrievance procedure while continuouslyattempting to resolve the issue.The union made it clear that nothingshort of full back pay would resolvethis case.After deadlocking at the NationalGrievance Committee, the case wasslated for arbitration in February<strong>2011</strong>. Just prior to the hearing, <strong>UPS</strong>conceded that they were not followingthe contract. The union made it clearthat any areas that were being paidincorrectly must be resolved throughthis case. Ultimately, six employees atLocal 344 were brought up to the correctwage and have received morethan $21,000 in back pay.“I am delighted in the outcome ofthis grievance, which continues the overall progress that’sbeen made for CSI members during the past five years,”Carroll said. “By the last year of the current agreement,our members at <strong>UPS</strong>/CSI in Milwaukee will enjoyimproved wages of more than $8 per hour and a pensionbenefit accrual that has nearly tripled.”www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 5


<strong>UPS</strong> Day of Action<strong>Teamster</strong>s Protest Unfair Production StandardsOn April 28, <strong>2011</strong>, <strong>UPS</strong> managersand the hundreds of terminalsacross the country got an eyefulof protest when they arrived at workthat morning to find <strong>UPS</strong> <strong>Teamster</strong>ssporting stickers with a short but precisemessage about the productionstandards being imposed on them:UnfairProductionStandardsThe day of action was timed to takeplace on National Workers’ MemorialDay, a day of remembrance and mourningfor the workers killed each year inworkplace accidents.The <strong>Teamster</strong>s Package Divisioncoordinated the sticker action toprotest the unreasonable productiondemands <strong>UPS</strong> management was usingto harass hardworking <strong>Teamster</strong>saround the country.As we have previously reported in<strong>UPS</strong> <strong>Teamster</strong> magazine, workplaceharassment has been on the rise at<strong>UPS</strong>. While violations of the languagein Article 37 guaranteeing workers to afair day’s work for a fair day’s pay arenot easy to prove, locals across thecountry have had success in enforcingthe contract.Package Division Director Ken Hallhas been impressed with the activism of<strong>UPS</strong> <strong>Teamster</strong>s.“Stewards and agents across thecountry have done great work identifyingthe problem and filing grievances,”he said. “We decided it wastime to send a stronger, unified messageto the company that harassmentwill not be tolerated.”Hundreds of thousands of stickerswere distributed to local unions acrossthe country, with the instruction thatthe coordinated day of action was to betargeted directly to managers at <strong>UPS</strong>.The increased production standardsdrivers are experiencing go handin hand with other contract violations.They pose a safety hazard to members,increasing the risk of injuries. Andthey often coincide with management’sfailure to respect the 9.5 languagein the contract.6 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


Sending a CLEAR MessageAt Local 705 in Chicago, the April 28 sticker day coincidedperfectly with the local union’s existing plans to protest the“blame-the-worker” approach to safety at their package hubsfor National Workers’ Memorial Day. The union used the dayto put a spotlight on the connection between the heavy workloadsfor individual package car drivers, and the injuries thosedrivers sustain as a result of the work culture at <strong>UPS</strong>.“We’re seeing a dangerous situation, one where our membersare pressured to work faster and increase their productivity,while at the same time they’re being pushed to reduceinjuries,” said Kenneth Emanuelson, Trustee and businessagent at Local 705, which represents 10,000 <strong>Teamster</strong>s at <strong>UPS</strong>.The New York Times recently highlighted the difficultiesfaced by <strong>UPS</strong> employees, focusing on workers in the CACHfacility in Chicago. The May 5 article, titled “<strong>UPS</strong> WorkersDemand New Approach to Safety,” effectively captured thecatch-22 situation the workers found themselves in.<strong>UPS</strong> <strong>Teamster</strong>s described management’s expectations forthem to meet increased workloads of 20 stops an hour, andbeing tasked with reciting <strong>UPS</strong>’ lengthy list of safety standardsunder the threat of losing their jobs. Yet, workers believe thatreporting injuries will only lead to more monitoring by management,without addressing what the local believes the rootcause of the injuries to be: pushing workers too far.As a result, workers are fearful of catching the attention ofsupervisors and risking discipline if they report their injuries.“Here in Chicago, we have members dealing with kneesurgeries and shoulder and back injuries,” Emanuelson said.“<strong>UPS</strong> employees are being pressured to work faster andharder, and they feel the pressure not to report injuries. Local705 is committed to this fight to protect our members.”Safety issues also took center stage for the <strong>Teamster</strong>s atLocal 25 in Boston who, in addition to wearing stickers,handed out leaflets advising “KNOW YOUR RIGHTS” to<strong>UPS</strong>ers when it comes to handling packages heavier than 70pounds. The flier recreated the language in Article 44 statingthat no employee shall be required to handle any packagemore than 70 pounds alone if the employee believes that itwould constitute a safety hazard.“On the national day of action we saw an opportunity toremind management what our rights are in the contract,” saidSean O’Brien, President of Local 25. “Our members are unitedwith the entire country and prepared to send <strong>UPS</strong> a strongermessage should they choose to ignore us.”Sending a strong coordinated message to <strong>UPS</strong> was animportant first step, but <strong>UPS</strong> <strong>Teamster</strong>s understand that thefight doesn’t end there.“Our members were excited to participate in the stickerday action because they wanted to send a clear message tomanagement,” said Greg Lowran, Secretary-Treasurer of Local243 in Plymouth Township, Mich. “Then, as luck would haveit, we saw an opportunity to hammer the message home again.<strong>UPS</strong> managers came to our <strong>Teamster</strong> hall on Sunday, May 1for a <strong>UPS</strong> pension presentation meeting, and found themselvesfacing an audience of <strong>Teamster</strong>s wearing the ‘UnfairProduction Standards’ stickers.”The Package Division has informed the company that theunion will be relentless in seeking an end to productionharassment. In June, the division dispatched <strong>International</strong>Representatives to key <strong>UPS</strong> centers across the county. In parkinglots from Albany, N.Y. to St. Louis to Ontario, Calif., driversmet to talk about the treatment they’ve been receivingfrom their managers. Representatives listened to workers telltheir personal stories about mistreatment from managers.Need for More Full-Time Jobs<strong>Teamster</strong> representatives have received numerous reports ofdrivers working multiple weeks at a time over 9.5 hours a day,all while other drivers in their centers are being laid off. Meanwhile,it is important to remember that on-the-job harassmentis an issue that impacts all <strong>UPS</strong> <strong>Teamster</strong>s, not just packagecar drivers. The unfair production standards being set by<strong>UPS</strong> managers have the trickle-down effect of fewer full-timejob opportunities for part timers. Everyone is impacted atcenters where the contract is violated.Hall made clear to stewards prior to the day of action thatit was a first step toward the union’s end goal of fairness for<strong>UPS</strong> workers, calling it “a shot across the bow.” The divisioncontinues to document the ways in which the industry’s leadingplayer is reaping profits off the backs of <strong>Teamster</strong>s in violationof the contract. Future job actions and member mobilizationcould be imminent.“A fair day’s work for a fair day’s pay is the foundation ofour contract,” Hall said. “If they refuse to respect that verybasic foundation then we simply have nothing to talk about,as far as future bargaining goes.”www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 7


As he recounted at the Convention,Hall told the company at the time, “Youhave a couple of choices. You can continuedown that crazy path, because the lasttime I checked, the National LaborRelations Act does provide for strikes ofrecognition. So you can continue downthat path or you can decide you’re goingto reach an agreement with us.”Ultimately, the display of strength helpedthe clerical workers to win. An agreementwas made between the <strong>Teamster</strong>s and thecompany to hold an expedited electionthrough an arbitrator. The workers thenwent through the expedited election andvoted 12-0 to join the union.Meanwhile, three other local unionsorganized clerical workers at their <strong>UPS</strong>Freight terminals the old-fashioned wayand went through NLRB elections. Locals385, 745 and 41 all held successful NLRBelections when their clerical employeesalso wanted a contract like their co-workerson the dock and driving the trucks. Itbecame apparent that these employeeswill do whatever it takes to join the<strong>Teamster</strong>s, so Hall had another meetingwith <strong>UPS</strong> Freight. This time, he toldthem, “We can do this one by one andyou have the potential to be on strike ona weekly basis all over the country, oryou could agree to a card-check agreementwith the <strong>Teamster</strong>s so that we canorganize all the <strong>UPS</strong> clerks in every locationacross the country.”On Monday, June 27, Hall announcedthat <strong>UPS</strong> Freight signed a card-checkagreement for the clerks.“I am happy that other clerks will havethe opportunity to organize withoutgoing through what we did,” said Erica<strong>Teamster</strong>s Talk <strong>UPS</strong> Freight at ConventionThe <strong>Teamster</strong>s Union’s victory at <strong>UPS</strong>Freight is a prime example of howthe union is organizing in coreindustries, and that was one of the many<strong>UPS</strong>-related topics discussed at the 28th<strong>International</strong> Convention.Rank-and-file members and <strong>Teamster</strong>leaders spoke about many topics relatedto <strong>UPS</strong> Freight, but the biggest announcementrelating to that company camewhen <strong>International</strong> Vice President andPackage Division Director Ken Hallannounced a card-check agreement with<strong>UPS</strong> Freight for their clerks.<strong>UPS</strong> Freight ClerksDemand ImprovementsAfter witnessing first hand the gains thathad been made by <strong>UPS</strong> Freight driversand dockworkers at their terminalthrough <strong>Teamster</strong> representation, thedozen clerical workers at <strong>UPS</strong> Freight inPico Rivera, Calif. approached Local 63.The clerks were hoping to achieve betterpay and respect on the job through a<strong>Teamster</strong> contract, and they signed cards.Unfortunately, <strong>UPS</strong> Freight fought hardagainst their effort to organize. Eventually,a decision was made by the local and theworkers to strike for recognition. Theentire terminal walked out in solidarity.Chavez, a Local 63 <strong>UPS</strong> Freight clerk, atthe Convention.Overnite“The struggle to organize these workershas spanned half a century of when theywere employed by a notoriously antiunioncompany called Overnite. But<strong>Teamster</strong>s never gave up on these workers,”said Jim Hoffa, <strong>Teamster</strong>s GeneralPresident, at the Tuesday session of theConvention.One of the more than 12,600 <strong>UPS</strong>Freight workers organized since the lastConvention addressed delegates andtalked about what a difference a <strong>Teamster</strong>contract has made.“Five years ago, you all invited me tospeak at this Convention as a nonunionline driver for <strong>UPS</strong> Freight. I sat on thisstage and asked for your support toorganize <strong>UPS</strong> Freight so that me and myco-workers could share what you all had;8 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


the protection and security of a contract.Now I stand before you as a proudmember from Local 63 and <strong>UPS</strong> Freightdriver,” said Steven Minjarez, a memberof Local 63 in Covina, Calif.“Five years ago I talked about theimportance of winning back delaytime and layover pay. Thanks to the<strong>Teamster</strong>s Union, I now have that. Iin what they wanted to see negotiated,what they wanted to see improved, andwhat they wanted to see protected,”Buhle said. “We must have been successfulbecause the membership voted107-1 to accept the contract, setting inplace the stage for the first nationalmaster <strong>UPS</strong> Freight agreement.”“We asked the negotiating committeeMembers, Leaders Discuss Organizing and Bargaining for <strong>UPS</strong> Freightwant to thank each and every one ofyou for standing with me and my12,600 co-workers as we organized andwon our contract,” Minjarez said.<strong>UPS</strong> Freight Contract“When <strong>UPS</strong> Freight bought Overnite, itbrought new hope to the Overniteemployees. Five years ago at this veryconvention, General President Hoffa,Vice Presidents Ken Hall and TysonJohnson announced a card-check agreementfor <strong>UPS</strong> Freight. My local unionhit the ground running and organized<strong>UPS</strong> Freight in record time,” said<strong>International</strong> Vice President Brian Buhle.“We sat down with our bargainingcommittee to begin negotiations. Webrought rank-and-file members to thetable, because they knew the issues thatwere most important to the <strong>UPS</strong>Freight workers. They were very clearto work on certain issues and leave otherthings alone, such as our pension. Forexample we had a problem with not gettingpaid for delayed time, so we had thataddressed in our contract. Now we’re gettingpaid for delayed time. We alsoweren’t getting either an eight-hour guaranteeor overtime after eight hours. Nowwe get the guarantee and the overtime.The company can’t take it away from us,it’s in our contract,” said Dave Williams, a<strong>UPS</strong> Freight steward and member ofLocal 135 in Indianapolis.“This is truly our contract. We wouldn’thave it done without all of you. Youstuck with us and proved that when yousay something, you’re going to do it andyou do it,” Williams said.OrganizingWhen it was announced at the 27th<strong>International</strong> Convention in 2006 that the<strong>Teamster</strong>s Union was putting together aplan to organize the <strong>UPS</strong> Freight employees,everyone knew it would be difficult.“We put together a plan and we stuckwith that plan,” Hall said. “We rolled out awell-thought-out plan first inIndianapolis in Local 135. And from therewe branched out all over the country. Thecampaign proceeded in a very coordinatedand disciplined manner, and our localswent out and organized their locationswithin their jurisdiction. And our locals,along with those <strong>UPS</strong> Freight employees,did such an amazing job that within 90days we had organized 90 percent of <strong>UPS</strong>Freight employees,” Hall said.Unlike before these workers had a contract,when the company could give themwhatever raise they chose or not givethem a raise if they chose, they now havewage increases that’s locked into a<strong>Teamster</strong> contract.“Despite the fact that we’ve been in oneof the worst recessions since the GreatDepression and despite the fact of thewell-known turndown in the LTL industry,we’ve actually increased our membershipat <strong>UPS</strong> Freight year over year for thepast three years. That’s quite an accomplishmentin this economy,” Hall said.“We’ve come a long ways in five years, butI have to tell you, we’re not finished yet.”www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 9


Organizing FedExDelegates and Guests Discuss Challenges Facing FedEx Workersis a company that we’ve“FedEx been talking about for along time. It’s a company that we willcontinue to be talking about for manyyears,” said Ken Hall, Package DivisionDirector and <strong>International</strong> Vice President,on the fourth day of the 28th<strong>International</strong> Convention.Hall and other <strong>Teamster</strong> leaders andmembers talked about the challenges oforganizing FedEx and the successes theunion has had. Bob Bouvier, President of<strong>Teamster</strong>s Canada and <strong>International</strong> VicePresident, said that organizing FedExworkers will benefit everyone working inthe parcel industry in North America.Nonunion carriers force prices down,hurting the revenue for companies withunion contracts.“That jeopardizes our possibility to getmore money from all the employers thatare organized,” Bouvier said. “We’ve beengoing after FedEx now for about a yearand a half…We’ve been going to everydepot to try to find where the soft spotsare. After about 18 months ofresearch…we finally found some spotswhere we think we’ve got chances of gettingcertified.”“We face many challenges at FedEx intrying to help the FedEx workforce organize.FedEx is broken down into threeseparate operations: FedEx Ground andHome Delivery, FedEx Express and FedExFreight. Each of these operations has itsown challenges, but the <strong>Teamster</strong>s havebeen working with states and allies in thefederal government to level the playingfield and force FedEx to play by the samerules as other companies within the sameindustry,” Hall said.“Fred Smith, the CEO of FedEx, willdo whatever he needs to remainnonunion and to keep his employeesfrom having a voice. He skirts the laws.He misclassifies employees. And when allelse fails, he threatens and tries to scare1 0 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


not only his employees, but also thefederal government. Fred has structuredthe entire business around remainingnonunion. His corporate structureallows him to take advantage of legalloopholes and corporate loopholes thatare not available to other companies thatare in the same business. He’s also givenmillions of dollars to politicians in orderto make sure that he continues tohave access to those same loopholes,”Hall said.Hall detailed what <strong>Teamster</strong>s havingbeen doing in the union’s FedExefforts “We ran a campaign to raiseawareness of the issue with senators,members of Congress, and their staffmembers. The campaign coincidedwith the letters, phone calls and visitsthat many of you made on CapitolHill,” Hall said.FedEx FreightOne of the areas where the <strong>Teamster</strong>s areconcentrating their efforts is FedExFreight. FedEx Freight has recentlyundergone a merger of two separatecompanies that made up FedEx Freight’soperation. <strong>Teamster</strong> organizers and localunions have maintained contact withFedEx Freight drivers from both of themerged companies for many years. The<strong>International</strong>, working with JointCouncil 42 in California, is committed toorganizing these drivers.“We’ve been working quietly formonths to prepare for this moment.But now, we’re ready to let all of youknow. We are officially launching ourFedEx Freight organizing campaign inthe West, and we’re doing that today,”Hall told the assembled delegates andguests. “This is a massive undertaking…Wehave a responsibility not onlyto those FedEx Freight workers, butto our own members to protect ourcontracts, whether it be our freightmembers, our <strong>UPS</strong> members, our<strong>UPS</strong> Freight members.”“Day by day the interest is growing,”said Randy Cammack, <strong>International</strong> VicePresident and President of Joint Council42. “Fred Smith has already started aserious anti-union campaign. He’s givenall the employees at FedEx Freight CDsto listen to and DVDs to watch abouthow terrible the union is.”Hall then introduced two FedExworkers who talked about life at thecompany and the possibility of one daybeing <strong>Teamster</strong>s.“With your help, we are moving forwardwith this campaign to becomeunion members,” said Joe Nuno, a FedExP&D driver of 24 years. “What I want forall of our drivers to do is for them to beable to stand up to the company and tellthem what they think without fear ofretaliation.”“Good afternoon, <strong>Teamster</strong>s. Myname is Rudy Hernandez, local driverwith FedEx Freight. This week youhave heard many successful storiesabout organizing—people organizingand getting contracts. Well, I’m here tosay, now it’s our turn, and boy, are weready for it.“We have developed an organizingcommittee and we are working hardwith our organizers, but we cannot dothis alone. We need your help,” saidRudy Hernandez, a FedEx Freight driver.“We are all in this together, and by thistime next year I want to be sitting whereyou are—with a contract, as a brother, asa <strong>Teamster</strong>.”www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 11


Misclassification ResolutionWHEREAS, statistical evidence hasproven that the practice of worker misclassificationhas skyrocketed over thelast 25 years at a rate of 7% increaseannually, negatively impacting workersand businesses which play by the rules,and both state and federal governmentsin that a handful of bad-acting employersreceive an unfair advantage overcompetitors. In fact, studies indicate upto 48% of all independent contractorsnationwide may be misclassified employees;andWHEREAS, workers who are misclassifiedas independent contactors arestripped of the basic human right toassociate with unions and basic workplaceprotections, including but not limitedto the National Labor Relations Act,the Fair Labor Standards Act, OSHA,and even the Americans with DisabilitiesAct. Additionally, misclassified workersare not protected under state workers’compensation systems, unemploymentinsurance, and disability benefits.Most egregiously, these workers arehighly unlikely to have any healthcareor retirement benefits due to misclassification;andWHEREAS, companies which play bythe rules and properly classify workers asemployees pay their fair share of workerrelated expenses and, often times, pay upto 25% more in these expenses due tocompetitors cheating the system andmisclassifying workers; andWHEREAS, worker misclassificationcosts federal, state and local governmentsbillions of dollars each year; andWHEREAS, the most notable bad-actingemployer is FedEx Ground, a subsidiary of Federal Express. Over thelast 15 years, the company deceitfullymisclassified more than 27,000 currentand former drivers throughout thecountry—who have filed a class-actionlawsuit against FedEx Ground—andhas thus far been investigated by morethan 40 states for this practice; andWHEREAS, in 2009 and 2010, a bipartisangroup of 20 state Attorneys Generalinvestigated the company’s egregiouspractice of misclassification. Mostnotably, three Attorneys General claimedthe practice to be a “serious injustice” todrivers in their respective states, and as aresult forced the company to change itsbusiness model throughout the countryin hopes of avoiding further scrutiny.Despite these changes, public officialsacross the country have remained determinedto reveal the company’s ongoingabuse of drivers; andWHEREAS, misclassification alsoextends beyond FedEx Ground intoother industries, most notably in theport trucking, bakery, taxi, and constructionindustries, among others. Evidenceclearly suggested that this practice continuesto extend throughout variousindustries, compromising approximately12 million workers nationwide.NOW, THEREFORE, BE ITRESOLVED, that this 28th Conventionof the <strong>International</strong> <strong>Brotherhood</strong> of<strong>Teamster</strong>s calls for meaningful legislationto be pursued in states across the countrythat protects workers from beingmisclassified by employers. This legislationshould include the “ABC” test,which highlights the employer’s day-todaycontrol of workers in determining1 2 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


FedEx Resolutionwhether those individuals should beemployees or independent contractors.Such legislation should also includenecessary financial and criminal penaltiesagainst bad-acting employers todeter them from misclassifying workers.Finally, misclassified workers shouldalso have a private right of action topursue their individual or collectiverecourse against these bad-actingemployers; andBE IT FURTHER RESOLVED, thatstates should be properly equippedto investigate and appropriately punishbad-acting employers, including ataskforce of necessary state agenciesto investigate instances of misclassificationas well as much-needed fundingfor these taskforces to have staffingfor thorough and efficient investigations;andBE IT FURTHER RESOLVED, thatstates should continue to educate businesses,workers, and the public of thedetrimental impact of worker misclassificationto ensure the integrity of thatstate’s tax code, protect workers’ rights,and maintain a competitive businessclimate; andBE IT FURTHER RESOLVED, that the<strong>Teamster</strong>s Union will remain vigilant inhighlighting FedEx Ground’s abuse ofworkers through misclassification underits new business model, known as the“Multi-Route Contractor” model.Under the new model, FedEx Groundclearly maintains day-to-day controlover all drivers and therefore continuesto improperly classify drivers; andFINALLY, BE IT FURTHERRESOLVED, that the <strong>Teamster</strong>s Unionwill team with public officials and alliesto highlight FedEx Ground’s newmodel, and ensure that FedEx Grounddrivers across the country will eventuallybe properly classified as employees ofthat company.WHEREAS,FedEx continues to hide behindlegal loopholes and misclassify employees tokeep workers from enjoying the same rightsas other similarly situated employees in theindustry; andWHEREAS, FedEx has gone so far as tothreaten the United States Congress in orderto keep all of its Express division employeesunder the Railway Labor Act, regardless ofwhether they ever touch an airplane; andWHEREAS, the National Labor RelationsBoard has found that FedEx misclassifies driversemployed by its Ground division as independentcontractors when they should betreated as employees; andWHEREAS, misclassification of employees as independent contractors and airlineemployees limits the ability of FedEx Express and Ground employees fromorganizing a union; andWHEREAS, misclassifying employees under the wrong labor and employmentlaws adversely affects bargaining with other employers in the same industrywhere <strong>Teamster</strong>s are employed; andWHEREAS, Attorneys General from more than 20 states are currently, or haverecently, engaged in investigations of FedEx for misclassifying Ground drivers asindependent contractors, which costs the states millions of dollars in lost taxesand revenue; andWHEREAS, these investigations are resulting in multi-million dollar settlementsbetween the states and FedEx; andWHEREAS, FedEx employees in all sectors of the company, including FedExFreight, have contacted the <strong>Teamster</strong>s asking for assistance in fighting for betterwages and working conditions; andWHEREAS, <strong>Teamster</strong> local unions, Joint Councils and the <strong>International</strong> Unionare prepared and willing to work together to fight with our FedEx brothers andsisters;NOW, THEREFORE, BE IT RESOLVED, that the <strong>Teamster</strong>s Union will continueto fight for change in the laws governing FedEx Express so that there is a levelplaying field in the industry; andBE IT FURTHER RESOLVED, that the <strong>Teamster</strong>s Union will continue to workwith Federal and State Governments to ensure that FedEx Ground drivers areproperly classified as employees, not independent contractors; andBE IT FURTHER RESOLVED, that the <strong>Teamster</strong>s Union will assist ourFedEx Freight brothers and sisters in organizing and achieving their goal ofa union contract.www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 13


Montana AttorneyGeneral AddressesConventionSteve Bullock Talks Holding FedEx AccountableMontana Attorney General Steve Bullock is one of manystate attorneys general trying to keep FedEx honest onthe misclassification issue. He addressed the 28th<strong>International</strong> Convention during the Thursday session. Here arehighlights from his speech:“Misclassification of workers, it’s about more than 15-minutebreaks and promotional opportunities. It’s about using independentcontractor laws to deny workers overtime pay, to rob themof worker’s compensation insurance, to avoid paying unemploymentinsurance, and to deny workers the simple things thatthey’re guaranteed under our laws, like workplace safety, anti-discriminationand the right to organize and collectively bargain…“When I came into office in Montana, there was a companythat was classifying their drivers as independent contractors—you might have heard of that company—despite the fact that thedrivers had very little say over their work. These drivers wererequired to spend thousands of dollars out of pocket for theirtrucks, for their repairs, fuel, uniforms, while being held to strictrules governing the hours they worked, their delivery schedules,and their ability to contract with anybody else. In fact, these driverswere told what uniforms they had to wear. They couldn’teven pick out their own socks.“You know, there’s an old saying that goes, ‘If it walks like aduck, talks like a duck, I’ll be darned, it’s probably a duck.’ In thiscase, if a company treats a worker like an employee, makes themact like an employee, well, you don’t need a law degree to figure itout. It’s pretty simple; they’re an employee.“A year-long investigation by our State Department of Laborfound the same thing: These drivers were employees, not independentcontractors. In my eyes, this was a basic issue of fairness.By classifying their drivers as independent contractors, but treatingthem as employees, they’re denying the workers the rightsand the protections they’re guaranteed, but also shifting the taxobligations onto hardworking Montanans, who I also represent.“My office, along with counterparts in a handful of otherstates, finally said enough’s enough. We took this company andtheir illegal business practices to task. We said that no worker inMontana should be denied protections by fancy paperwork andby accounting tricks. No company should force their employeesto shoulder all the downsides of being independent contractorswithout offering any of the upside.“Well, as Mr. Hall said, they came to the table and they agreedto settle the matter. They agreed to start changing the businessmodel and pay back taxes and penalties resulting in over $2 millionto Montanans…But, you know, enforcing laws like thatshouldn’t be based on who an attorney general or who a commissionerof labor happens to be. This is a nationwide problemand it deserves and demands a nationwide solution. In themeantime, though, you can bet that Montana will enforce ourlaws. We’re going to protect our workers and make sure thathardworking taxpayers don’t have to foot the bill for companiesthat want to skirt their obligation to their employees.”1 4 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


VISION SOLIDARITY ACTIONSteve Bullock Q&AThe business model of FedEx Ground has come under a considerable amount ofscrutiny from state agencies and attorneys general. In October 2010, MontanaAttorney General Steve Bullock announced that Montana reached a $2.3 million dollaragreement with FedEx Ground over its failure to pay unemployment insurance onbehalf of its drivers who had been misclassified as independent contractors.<strong>UPS</strong> <strong>Teamster</strong> magazine sat down with Bullock at the 28th <strong>International</strong> Convention,where he addressed delegates and guests, to talk about Montana’s interest in theFedEx Ground business model.Q: What difficulties were the FedEx drivers interviewed by youroffice facing? What did your investigation uncover?The biggest challenge these drivers faced were the restrictions they were given:routes, delivery time, etc. What they weren’t given were the benefits normalemployees receive. The Department of Labor in Montana conducted a year-longaudit. We found they should be classified as employees and are misclassifiedas contractors.Q: Can you talk a little bit more about the settlement agreementthat you reached with FedEx Ground in Montana?The company didn’t admit liability. They agreed to pay over $2 million in reimbursement to some drivers. The company also paid back taxes and they haveagreed to start changing their business model. The new business model took effecton October 20, 2010. They are in the process now of getting that model up andrunning. We will check back again in six months to ensure the agreed-uponchanges have been made.Q: FedEx has begun to implement changes in a number of states,with a new delivery model called the ISP model, demandingthat drivers purchase multiple routes and trucks. Do youbelieve that changing their business model has eliminated themisclassification problem?The new business model was part of the settlement and it is something we’ll bekeeping our eye on. The new business model is a start, but it isn’t going tocompletely alleviate our concerns.Q: It appears as if there was a lot of communication between youroffice and attorneys general throughout the country with similarconcerns about the FedEx Ground model. Are these attorneysgeneral still in communication as the ISP model rolls out acrossthe country?Almost 10 of us came together and said we have real concerns. We will continueto collectively talk and raise those concerns.www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 15


Right-to-Work (For Less) ResolutionThe war on workers is rearing its ugly head in statehousesacross the country, and right-to-work laws are one of the mainweapons in the arsenal of union busters. <strong>UPS</strong> <strong>Teamster</strong>s havebeen enlisted in the nationwide fight against these laws thatweaken working families and the middle class. Delegates atthe 28th <strong>International</strong> Convention unanimously passed thefollowing resolution:WHEREAS, throughout the country, corporate CEOs and theirconservative allies in governors’ offices, statehouses and Congressare attempting a coordinatedWar onWorkers to eliminate basic workplacerights through an anti-worker legislativeagenda; andWHEREAS,while working familiesstruggle to maintain a high quality oflife, these same anti-worker forces aredriving down wages and benefits byattempting to pass Right-to-Work (forLess) legislation in at least 10 states,instead of assisting the working familieswith necessary tools to succeed in thecurrent economic climate; andWHEREAS, Right-to-Work (for Less) legislation does not offerany rights for workers, and clearly provides no new employmentopportunities for working families; andWHEREAS, new federal legislation has now been introducedcalling for a national Right-to-Work (for Less) law, and this legislationwould also for the first time create a Right-to-Work (forLess) law for employees covered by the Railway Labor Act; andWHEREAS, despite proponents’ claims to the contrary, Right-to-Work (for Less) legislation does not aid in creating jobs in statesstruggling in the current economic climate. The top ten stateswith the highest unemployment rates in the country are evenlysplit between non-Right-to-Work (for Less) states and Right-to-Work (for Less) states. In many instances, business leaders instates considering this legislation do not even consider Right-to-Work (for Less) legislation a priority for the creation of jobs, orfor locating businesses in respective states; andWHEREAS,instead, Right-to-Work (for Less) legislation willundoubtedly drive down living standards impacting workers,their communities, and states. On average, workers in the 22states in which Right-to-Work (for Less) is law earn $5,500 lessevery year, or $458 less each month, than their counterparts inthe 28 non-Right-to-Work (for Less) states; andWHEREAS, workers in Right-to-Work (for Less) states also areless likely to receive necessary health benefits and/or retirementplans from their employers, and are significantly more likely tohave workplace injuries as compared to their non-Right-to-Work(for Less) counterparts; andWHEREAS, statistical evidence also shows that Right-to-Work(for Less) states have worsening school systems, higher rates ofpoverty, and increased rates of othersocietal conditions which negativelyimpact the quality-of-life in those states.NOW, THEREFORE, BE ITRESOLVED, that this 28th Conventionof the <strong>International</strong> <strong>Brotherhood</strong> of<strong>Teamster</strong>s believes that Right-to-Work(for Less) legislative proposals should berejected by both elected officials as wellas the public, and in the current economy,public officials should be providingworkers the necessary tools to succeed inmaintaining a high quality-of-life, not pursuing a right-wingpolitical agenda; andBE IT FURTHER RESOLVED,that elected officials in states throughout the and Republicans –should be commended for standing up for working families intheir respective states; andBE IT FURTHER RESOLVED, that right-wing organizationsalmost entirely funded by wealthy zealots, including the Kochbrothers, continue to push Right-to-Work (for Less) measuresthroughout the country in a well-funded and coordinated fashionin an effort to eliminate necessary worker rights and obtainincreased profits and wealth at the expense of workers and thecommunities in which they reside; andBE IT FURTHER RESOLVED, that the <strong>Teamster</strong>s Union shouldremain vigilant in countering Right-to-Work (for Less) threatsthat currently exist in the 28 non-Right-to-Work (for Less) statesand work to repeal Right-to-Work in the 22 states where suchlaws are currently in place; andFINALLY, BE IT FURTHER RESOLVED, that opposing this legislationshould remain a paramount priority for the <strong>Teamster</strong>sUnion, working families, and allies throughout the country as toensure that a strong and vibrant American middle class1 6 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


VISION SOLIDARITY ACTIONRep. Steve LaTourette (R-OH) spokeat the 28th <strong>International</strong> Conventionon a number of political issues, andshowed why it’s important for the<strong>Teamster</strong>s Union to support politicianswho support working families.Rep. LaTourette has bucked his ownparty on a number of issues andremained a true friend of labor. Here aresome highlights from his speech:“You probably didn’t expect to see aRepublican here today, but I’m very, very,very happy to be here…I want to talkabout this 112th Congress. I am embarrassedas a Republican at the open assaultthat has occurred on organized labor sincethis Congress began in January. And it hastaken many forms and on issues that wethought were settled and resolved.”“In a bill, the Federal AviationAdministration reauthorization, my partyput in roll back the clock. And I authoredthe amendment to go back to thePresident’s Executive Order of February2009. We lost…Just to tell you a little bitabout what happened to the FAA bill, ithas a lot to do with you all in this room.First, it was the FedEx/<strong>UPS</strong> issue. TheHouse, with my vote and otherRepublican votes, said, ‘You know what?FedEx, if you want to be an airline andnot a trucking company, don’t have anytrucks. But if you’re going to have trucks,you’re going to be organized the sameway that <strong>UPS</strong> is.’ That issue derailed theFAA bill.”“It’s time for <strong>Teamster</strong>s, it’s time forpeople who aren’t <strong>Teamster</strong>s, to say‘enough.’ Take off the red jersey, take offthe blue jersey. We are Americans and weneed some jobs bills…So rather thanfinding all of the things that you can’tagree on, members of Congress,Republicans and Democrats, Mr.President of the United States, find thoseissues that we can galvanize around. Let’smove this country forward with an aviationbill, with a highway bill, with good,solid legislation that promotes the economy,creates jobs, and says, you knowwhat? When we have a level playing fieldand we don’t have crooked trade deals, wecan compete and we can win here in theUnited States of America.”Rep. LaTouretteTalks FAAReauthorizationOhio Republican Stands With Laborwww.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 17


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ARITYACTIONwww.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 19


Cross-BorderTrucking<strong>UPS</strong> <strong>Teamster</strong>s Lose Friend, BrotherIn MemoriamOn July 2, <strong>UPS</strong> <strong>Teamster</strong>s lost a topleader and friend when Local 705Secretary-Treasurer StephenPocztowski passed away suddenly.Pocztowski was a 37-year <strong>Teamster</strong>who began his career working part time at<strong>UPS</strong> before becoming a full-time packagecar driver and eventually a feeder driver.He spent time as a shop steward beforebeing elected business agent. In 2003 hewas elected to the position he held at thetime of his death.“We are all saddened and shocked bySteve’s untimely passing. Our thoughtsand prayers go out to the Pocztowski familyand to the members of Local 705,” saidKen Hall, Director of the Package Divisionand <strong>International</strong> Vice President. “In hisshort time here, Steve dedicated himself toserving <strong>UPS</strong> <strong>Teamster</strong>s. His leadership,spirit and tenacity will truly be missed.”Pocztowski spent his last two weeks atthe 28th <strong>International</strong> Convention. Hisweek was highlighted by his nominationto the General Executive Board as CentralRegion <strong>International</strong> Vice President onJune 29.He was preparing to return home toChicago when he was rushed to a LasVegas-area hospital where he passed away.Pocztowski is survived by his wife Lindaand two sons, Stephen and Kevin.<strong>UPS</strong> <strong>Teamster</strong> Reminds Convention of Safety Issues<strong>Teamster</strong>s are a linchpin in the global supply chain, and many rankand-filemembers spend the bulk of their days on our nation’s roadsand highways. That’s why it’s so important that every member stayinformed on the Mexican trucks issue—because it affects all of us.Mario Leva, a <strong>UPS</strong> <strong>Teamster</strong> out of Local 745 in El Paso, Texas,addressed delegates and guests on the first day of the 28th <strong>International</strong>Convention and reminded everyone how unsafe Mexican trucks threatennot only people whose job is behind a wheel, but every single person whodrives. Here are highlights of what Leva said at the Convention:“This morning, President Hoffa had spoken about how we’ve beenfighting this fight for the past 17 years. Let me go back a little bit in time,go back to February of 2001. It was a <strong>Teamster</strong> National Day of Action,and we had a cross-country protest, protesting the NAFTA deal…We werethere protesting right along the Mexican border, right along the actualbridge. As we were protesting with 200 of our brothers…we look up andover the bridge we see a fire going on…There’s a Mexican truck havingmechanical problems and actually catches on fire on the bridge. So, havethings changed from 2001? Actually, they haven’t…“I am a proud father to three lovely daughters. I have two daughters thatattend the University of Texas at El Paso. Mexico right now has a 25-milecorridor where they allow their unsafe Mexican trucks to go back and forthover the corridor. The University of Texas, El Paso, sits on I-10 within that25-mile corridor. Every day my daughters say, ‘OK, Dad, we’ll see you.’ And Iwish them a good day and I’m in fear. I’m in fear because I know that mydaughters are going to have to travel down that corridor every day, they’regoing to have to go alongside those unsafe Mexican trucks…“That’s why we need to have everybody take action. Everybody needsto write a letter to our congressmen. We need to put a stop to this immediately.”Shortly after Leva’s speech, Convention delegates unanimouslypassed a resolution on cross-border trucking.Shortly after the Convention, the U.S. Department of Transportationagreed to open the U.S.-Mexico border to long-haul Mexican trucks,something the <strong>Teamster</strong>s Union will continue to fight. For updates, visitwww.<strong>Teamster</strong>.org.2 0 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


VISION SOLIDARITY ACTIONCross-Border Trucking ResolutionU.S. Commercial Drivers License with theMexican Licencia Federal; andWHEREAS, at the urging of the <strong>Teamster</strong>s Union, Congressdefunded the Bush-era Mexican Cross-Border TruckingProgram in 2009 over safety concerns; andWHEREAS, the Mexican government retaliated for this actionby placing tariffs on $2.4 billion worth of U.S. productsexported to Mexico; andWHEREAS, rather than challenging the tariffs as excessive, theUnited States Trade Representative, in an effort to eliminatethe tariffs, has agreed to a new cross-border trucking programwith Mexico, that will permit Mexican domiciled trucks totravel anywhere in the U.S. beyond the currently permittedcommercial zones; andWHEREAS coupled with the unease about the ability ofMexican trucks and drivers to comply with all U.S. safety standards,there are additional fears surrounding the violence perpetratedby the Mexican drug cartels, the loss of thousands ofadditional American jobs during this severe recession, and theinability to protect our homeland security and our bordersfrom the threat of terrorism should this program move forward;andWHEREAS, safety issues include, but are not limited to, complianceand enforcement of hours-of-service regulations anddrug and alcohol testing, the accuracy and completeness ofMexican driver violation records, and the equivalency of theWHEREAS, additional U.S. driver jobswill be lost to Mexican drivers who violateour cabotage laws by delivering U.S. cargopoint-to-point in the United States,because of insufficient training andenforcement by customs officials; andWHEREAS, the Mexican drug cartelshave been responsible for the brutaldeaths of 35,000 Mexican citizens since2006, and 111 American lives in 2010alone, causing the U.S. State Departmentto issue travel warnings to U.S. citizens forlarge portions of Mexico, making itimpossible to offer reciprocity to U.S.trucking firms, as required by the NAFTAand Public Law 110-28; andWHEREAS, permitting Mexican long-haul trucking will onlymake it easier for the Mexican cartels to smuggle and distributetheir illegal drugs into the U.S., as the trucking network istheir preferred mode of transportation and will potentiallyimport the violence perpetrated by the Mexican cartels acrossthe border into the U.S.THEREFORE, BE IT RESOLVED, that the <strong>Teamster</strong>s Unionwill continue to make its members and the public aware of themounting danger of permitting unsafe trucks from Mexico toperform long-haul service anywhere in the U.S.; andBE IT FURTHER RESOLVED, that the <strong>Teamster</strong>s Union willcall upon the Congress to delay the implementation of theNAFTA cross-border trucking provisions until such time thatall Mexican trucks and drivers can meet all U.S. safety standards,that there is sufficient personnel to perform vehicleinspections, to enforce our laws and regulations, and to ensurecompliance by Mexico-domiciled motor carriers; andBE IT FINALLY RESOLVED, that the <strong>Teamster</strong>s Union willinsist that exemptions to our safety laws and regulationsnot be used to permit Mexico-domiciled motor carriers toenter the U.S. and that only the highest level of safety bemaintained for the three NAFTA countries of Mexico,Canada and the United States.www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 21


Speeches Given by <strong>UPS</strong> and <strong>UPS</strong> Freight Stewards at the 28th <strong>International</strong> ConventionCONVENTION STEWARD’S SPOTLIGHTDave Williams<strong>UPS</strong> Freight, Local 135, IndianapolisI want to thankeverybody in thisroom for the supportwe got whenwe went throughour organizingcampaign for ourcontract fight.<strong>UPS</strong> used to dowhatever theywanted. If youwere friends withthe terminal manager, you had a great life; ifyou weren’t, you watched out.Now we have a grievance procedure toprotect us. We had no idea how much agrievance procedure would mean. It literallychanged our lives.The great thing about our contract isthat it’s our contract. We asked the negotiatingcommittee to work on certain issuesand asked them to leave other issues alone.For example, we had a problem with notgetting paid for delay time, so we had thataddressed in our contract. Now we get paidfor delay time. We weren’t getting overtimeafter eight hours. Now we get overtime andthe company can’t take it away from us; it’sin our contract.On the other hand, we were happy withour pension, so we didn’t change it. We hadour pension made part of our contract, sonow the company can’t just decide tochange it one day. This is truly our contract.We wouldn’t have it without all ofyou. You stuck with us and proved thatwhen you say something, you’re going todo it.Ken Williams<strong>UPS</strong>, Local 79, Tampa, Fla.Brothers and sisters,hermanas y hermanos,hello andbonjour…I’m a 28-year <strong>UPS</strong>er, a steward,a labor activist, a volunteerorganizer and aTrustee on my local’sExecutive Board. Yousee, at Local 79, thanksto the leadership ofSouthern Region VicePresident Ken Wood, we are encouraged andempowered to stay fully engaged in all aspects of thelabor movement.As a <strong>UPS</strong> steward, I understand and am gratefulfor our <strong>UPS</strong> <strong>Teamster</strong> contract.The last few months we have witnessed the mostvicious attack in the war on workers that this countryhas ever seen. Make no mistake, while the attackson our brothers and sisters in the public sector areon the front page, behind the scenes in the privatesector corporate America is hard at work to destroyour contracts.Our contract negotiated by our National<strong>Teamster</strong>s <strong>UPS</strong> Committee and ratified by the rankand file offers this: The largest pension contributionincrease in the history of the industry, health carebenefits for our whole family, semi-annual raises, asound and secure retirement, and the ability to protectthe middle-class quality of life.At Local 79, our ferocious business agents continueto fight for us using the best weapon they have; a<strong>Teamster</strong> contract.Our business agents [and local union officers]are highly successful in upholding and defending theintegrity of the <strong>UPS</strong> contract, and I thank them. Butthey cannot do it alone. Because, you see, we are theunion. You are the union. There is no “I” in <strong>Teamster</strong>.2 2 | upsTEAMSTER | SUMMER <strong>2011</strong> | www.teamster.org


Nancy Aleccia<strong>UPS</strong>, Local 396, Los AngelesGood afternoon, fellow<strong>Teamster</strong>s. Wow, I lovethis union. My name isNancy Aleccia. I’m a 33-year rank-and-file memberof <strong>Teamster</strong>s Local396 in Los Angeles, Calif.This is my firstConvention as a delegateand I am very excited.I started working at<strong>UPS</strong> part time in 1978. I took a promotion as apackage car driver in 1979. And then I went on tobecome a feeder driver in 1984. At that time therewere very few women in that job classification.My local, Local 396, has one of the largest contingentsof <strong>UPS</strong> members in the country. I have seenmany changes in the feeder department. I’ve seen thegood times. When our economy is flourishing, we allbenefit. And I’ve seen when our economy went intothe downturn, we are faced with challenges, such aslayoffs and runs being cut, something I have neverseen before in <strong>UPS</strong>.Going through that time has made me appreciatemore than ever the value of my job and a union contract.We have seniority and recall rights, somethingnonunion employees do not have. Now, with most ofour jobs restored, the company is back to testing ourcontract. Go figure.One of their areas of focus is the Article 43 arenaknown as sleeper teams. The company was refusingto pay sleeper teams for delay times and grievanceshad to be filed. Our Article 43 Chairperson, RonHerrera, my principal officer, has negotiated andresolved the delay time issue. Thank you, Ron.I would also like to thank all of you who serve uson the grievance and panels. We appreciate your hardwork in fighting to preserve and uphold our contractsand keeping them strong. Thank you very much.John Juszkiewics<strong>UPS</strong>, Local 25, BostonMy name is JohnJuszkiewicz, I am a 19-year member of Local25 in Boston, Mass.Eight of those years Iwas a part timer at<strong>UPS</strong>, the other 11 yearsas a full-time insideemployee.I work inChelmsford. It’s thelargest <strong>UPS</strong> facility inNew England. I am chief steward for inside employees.We have 900 <strong>Teamster</strong>s in that building, notincluding package and feeder drivers. Because I haveworked as both a part-time and a full-time employee,I have seen first hand how the contract has benefitedboth part-time and full-time inside employees.For example, part timers can bid on preferred jobsso they can move into a better job with their seniorityinstead of hiring someone off the street or givingit to some suck ass.The company often messes up our paychecks—wrong pay rate, wrong hours. Because of the contract,we can collect payroll penalties for these errors.Insurance for part timers is 100-percent companypaid and it’s a Cadillac insurance plan.We usually take for granted that we have access to agrievance procedure. As a steward, I have found thatdocumentation and persistence are the ways to enforceour contract. Also, as a chief steward representing 900<strong>Teamster</strong>s, it makes my job easier knowing that mylocal union President, Sean O’Brien, is always there toback me up. Sean chairs the New England panel, and Iknow <strong>UPS</strong> would rather deal with me than have SeanO’Brien hold their feet to the fire.I also want to thank Ken Hall and the entirenational negotiating committee for providing uswith such a strong contract, but it is our responsibilityto enforce it.www.teamster.org | SUMMER <strong>2011</strong> | upsTEAMSTER | 23


We Want to Hear from YouThe <strong>UPS</strong> <strong>Teamster</strong> magazinefocuses as much as possibleon individual <strong>Teamster</strong>sworking in the parcel industry,but there are plenty of untoldstories about you. The onlyway we can know aboutthem is if you let us know.If you have an interestingstory relating to your job or asa <strong>Teamster</strong>, please e-mail<strong>UPS</strong><strong>Teamster</strong><strong>Magazine</strong>@teamster.orgor write to:<strong>UPS</strong> <strong>Teamster</strong> <strong>Magazine</strong>25 Louisiana Ave. N.W.Washington, D.C. 200012 4 | upsTEAMSTER | WINTER <strong>2011</strong> | www.teamster.org


Your RightYour ResponsibilityBallots Mailed October <strong>2011</strong>VOTEFOR THE ELECTION OF INTERNATIONAL UNION OFFICERS

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