Tuesday, August 7, 2018

CHARLIE KILGORE RIP

Retired, Viking Freight/FedEx Freight, Charlie Kilgore has passed away 8/6/18. Charlie was a straight up guy. He was one of my mentors when we were organizing Viking back in the day. He taught me not to take any BS from any corporation. And  opened my eyes that a Union was. and still is, an important thing to have at the workplace.

Change FedEx to Win sends our thoughts and prayers to Cathy Kilgore and the entire Kilgore family.

Rudy Hernandez 

Monday, August 6, 2018

NLRB Administrative Law Judges Validly Appointed

Washington, D.C.—The National Labor Relations Board ("NLRB") today rejected a challenge regarding the appointment of its administrative law judges ("ALJs"), concluding that all of the Board’s ALJs have been validly appointed under the Appointments Clause of the United States Constitution.
On June 21, 2018, the Supreme Court issued its decision in Lucia v. SEC, 585 U.S. ___, 138 S. Ct. 2044 (2018), finding that administrative law judges of the Securities and Exchange Commission (“SEC”) are inferior officers of the United States and thus must be appointed in accordance with the Appointments Clause, i.e., by the President, the courts, or the Head of Department. Id. at 2051. Unlike the SEC’s ALJs, the NLRB’s ALJs are appointed by the full Board as the “Head of Department” and not by other Agency staff members.
The challenge was raised by WestRock Services, Inc. (“WestRock”) in Case 10-CA-195617 on a motion to dismiss. Chairman John F. Ring was joined by Members Mark Gaston Pearce, Lauren McFerran, Marvin E. Kaplan and William J. Emanuel in the order denying WestRock’s motion. 
# # #

Friday, August 3, 2018

August 3, 2018 Tentative Agreement Strengthens Protections Against Harassment, Excessive Overtime

“The new procedure making it easier to get on or off the overtime list is excellent. Those who want to work overtime will have that chance, and those who don’t want to work overtime won’t have to. The two five-month periods for getting on the list through the union are also good. A driver can choose to be on the list and work overtime, then get off the list. It gives us more flexibility.”
–ANTHONY LEWIS, Local 638, Minneapolis, 20-year package car driver
Article 37, Section 1 (a): Harassment is an issue that encompasses many forms. Supervisors use telematics; poor staffing levels; retaliation for filing grievances, accident reports and on-the-job injury reports; retaliation for eight-hour requests and invoking rights pertaining to 9.5 language; OJS rides and various other tactics. It is the company’s responsibility to hire and maintain a sufficient work force to service its customers without unreasonably burdening its employees. Management has consistently failed to fulfill its obligation, instead shifting the responsibility for ensuring service commitments are met to its already highly productive employees.
The tentative National UPS Agreement increases protections for UPS Teamsters against harassment and excessive, forced overtime.
Under Article 37, Section 1 (a), there is stronger grievance enforcement for harassment with a sitting arbitrator and monetary penalties of up to three (3) times the employee’s daily guarantee. The sitting arbitrator will prevent UPS from delaying a deadlocked grievance while going through regular arbitration, eliminating a very lengthy process.
Actual language: “Grievances not resolved by the Local or Area grievance procedure shall be forwarded to the National Article 37 Grievance Committee. Such Committee shall be comprised of an equal number of Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Grievance Committee Rules of Procedure…
The Article 37 Committee shall be empowered to provide a monetary penalty for each proven violation of this Section up
to a maximum penalty of three (3) times the employee’s daily guarantee depending on the severity of the offense.”
  • Monetary penalty was the number one-member proposal on this issue. The arbitrator makes that penalty achievable.
  • Any manager deemed by the Committee to have committed two or more violations within a two-year period shall be required to appear in person before the committee for any subsequent grievances. Failure to appear, absent a legitimate excuse, shall result in a negative inference. That means the committee must assume that the manager’s testimony, or evidence the manager would produce, would not support the company’s claim that no violation occurred. It has the effect of requiring the committee to accept the grievant’s account as true.
Excessive, Forced Overtime
  • Article 37, Section 1 (c): New procedure makes it easier to get on or off the overtime (9.5) list. The union will control the process.
  • Two five (5) month periods for getting on the list through the union, in addition to getting on or off the list at any time (except during the November 15-January 15 peak period) in between with one week’s notice to UPS.
  • In buildings that utilize 22.4 combination drivers, all regular package car drivers will be eligible for 9.5 protection regardless of seniority or route assignment.
  • The language on repeated violations is stronger in the tentative agreement; the current “three violations in five months” has been changed to four times in a calendar year, and that will now trigger a review by higher-level representatives of the union and company than the current process.
Actual language: “The Union shall circulate and collect the names of package drivers who wish to be covered by the provisions of this Section twice each year. These lists shall be provided to the Company by January 5 and June 5 of each year The “opt-in” lists provided by the Union shall become effective on January 15th and June 15th. A driver may add or delete his/her name from the list at any time, with one week’s notice to the Employer.”

ABF Teamsters' New Contract Provides Pay Increases, Subcontracting Protections and More

Teamsters employed at ABF Freight System, Inc. have won major gains in their newly ratified contract that covers approximately 8,500 drivers, dockworkers, mechanics and office workers.
The agreement consists of the national master portion as well as 27 regional and/or job classification supplements.
The last outstanding supplement to the national contract was ratified in late July. Consequently, the new collective bargaining agreement has been approved and took effect on July 29. Pay increases will be retroactive to July 1 as per the new agreement.
“We got a lot of things back in this contract: the vacation, the pay increases and other gains, including the benefit contributions and protections against subcontracting,” said Paul Krenz, a city driver and 16-year ABF employee who is a steward and member of Local 120 in Minnesota.
“The big thing for me was getting the week of vacation back,” said James Rogers, an eight-year ABF employee who is also a steward and member of Local 120. “It’s tough to get anything back once you give it up. Getting raises is also a big plus.”
ABF members initially voted on the tentative new national agreement in April and early May.
The bargaining committee put together to represent Teamsters in negotiations with ABF was made up of dedicated and experienced Teamsters from all regions of the country. Each member of the committee was connected with the ABF membership. Some members of the committee were former ABF employees with significant insight into ABF’s operations. Attorneys, economists and administrative staff were made available to assist the bargaining committee and the committee made full use of these resources throughout the process.
Prior to the start of negotiations, the Teamsters National Freight Industry Negotiating Committee (TNFINC) conducted member surveys, solicited and accepted proposals from every affected ABF local union, and spoke with many ABF members and local union business agents. TNFINC’s economists studied the company’s finances as well as the state of the economy. The initial exchange of proposals took place in December 2017. The parties met for multiple weeks from January through March for negotiations. The union’s negotiating team worked hard. Ultimately, 100 percent of the committee supported and endorsed the tentative agreement.
Multiple Improvements
Below are some of the more significant changes contained in the new agreement.
Vacation Restoration: Restoration of the vacation week that was previously given up under the last contract was a top priority of the members. TNFINC was successful in gaining back the 2008-13 vacation schedule based on eligibility and years of service. Because each ABF supplement addresses the earning and accrual of vacations differently, the removal of the one week was also handled differently across the U.S. during the 2013 and 2014 period. To ensure fairness and compliance with the contract, the vacation schedule will essentially be restored in a similar manner to which it was removed so that no member is disadvantaged under a particular supplement’s rules.
General Wage Increases and Bonus: The union successfully opposed the company’s attempt to have only a bonus in the first year of the agreement and no wage increases for the life of the agreement.
Instead, effective each July 1 of the agreement, hourly wages and mileage equivalents will increase by 30 cents, 35 cents, 40 cents, 45 cents and 50 cents in the last year. Total increases, absent any COLAs, will grow by $2 per hour or 5 cents per mile for road drivers over the term of the contract.
In addition, the union was able to also leverage the recently enacted tax cut legislation and secure a $1,000 lump sum signing payment for all active, full-time employees upon ratification (casuals who worked 300 hours between Sept. 1, 2017 and March 31, 2018 get a $500 bonus). Lastly, casuals will see annual wage improvements each year of the contract after seeing their rates frozen for long periods at various points over the last two NMFAs.
Health and Welfare Funds Preserved:The union’s negotiating committee knew that maintaining superior health benefits for members and their families was a top priority for ABF Teamsters coming into talks. From the outset, however, the company was looking to radically alter how all benefits are delivered to Teamsters and was insisting on having all future health and welfare contributions be “fixed” with hard numbers at rates lower than what it was paying to most funds. In the end, the union’s negotiating committee prevailed in requiring the company to continue to stay in all health and welfare plans.
More Protections against the Use of Purchased Transportation: The red circle protections have been increased and updated and a method established for backfilling the red circle list. Additionally, the overall amount of allowable purchased transportation has been reduced.
Other provisions of the new agreement include maintaining pension contribution rates; improved paid-time-off protections; improvements to equipment and safety; tightened disciplinary standards regarding alleged “dishonesty”; and leave of absence protections.
In addition to the many improvements, the union committee was able to defeat several attempted company takeaways, including demands for no wage increases, taking away holidays and overtime cuts.
“The union held its ground and made it clear we would not accept concessions and that we needed to address our members’ priorities, both of which we were able to achieve,” said Ernie Soehl, Director of the Teamsters Freight Division.