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News Archives for Nov-Dec 2009

The IBT Viewpoint:
BILL TO CLOSE LOOPHOLE FOR TAX CHEATS A GOOD IDEA

TEAMSTERS THANK SENATOR JOHN KERRY FOR SUPPORTING WORKERS WITH THIS PROPOSAL

Senator John Kerry
U.S. Senator John Kerry (Democrat-Massachusetts) has quietly been working on legislation that benefits the Teamsters Union and Organized Labor in general.

(December 21, 2009) Washington, D.C. — Teamsters General President Jim Hoffa last week said the Teamsters Union strongly supports the Taxpayer Responsibility, Accountability and Consistency Act of 2009 filed December 15 by Sen. John
Kerry, D-Mass.
 
The bill would close a loophole that allows employers to avoid paying Social Security and Medicare taxes, withholding income taxes and contributing to workers’ compensation and unemployment insurance. 
 
MISCLASSIFICATION
Companies escape those responsibilities by misclassifying their employees as “independent contractors.” 
 
“Misclassification hurts responsible employers who pay their taxes, provide health insurance and respect their workers’ right to join a union,” Hoffa said. “It lets unscrupulous employers cheat workers out of benefits they’re entitled to.” 
 
“It’s time to level the playing field so companies that play by the rules aren’t at a competitive disadvantage to companies that cut corners by misclassifying their employees,” Hoffa said. “I’d like to thank Sen. Kerry for sponsoring this important legislation.”

As many as 30 percent of all employers misclassify their employees as “independent contractors,” according to the U.S. Department of Labor.

In Massachusetts, the rate of misclassification rose to 13.4 percent between 2001 and 2003 from 8.4 percent between 1995 and 1997. 
 
The federal government lost an estimated $34.7 billion in tax revenue between 1996 and 2004. 
 
REMOVES LOOPHOLE
The bill removes the loophole that allows businesses to bypass the Internal Revenue Service’s test of whether a worker is an employee or an independent contractor. 
 
It would also require businesses that pay more than $600 to corporate providers of property and services to file information with each providers and the IRS. 
 
And it would allow employers to treat employees as contractors only if the decision was based on a written determination or tax examination by the IRS. 

 

The IBT Says:
DON’T TAX HEALTH INSURANCE PLANS

TEAMSTERS SUPPORT SANDERS AMENDMENT TO ELIMINATE THE TAX SUGGESTED IN THE U.S. SENATE

Don't tax Health Care Plans
U.S. citizens, including many Teamsters, continue to demonstrate near the White House in Washington, D.C. as the Health Care Reform debate has been continuing to get pigeonholed in the Senate. The IBT is concerned about the goal of some Senators to pass legislation that would allow the Federal Government to tax workers’ health plans.

(December 14, 2009) The Teamsters Union has announced their support for Sen. Bernie Sanders’ (Independent-Vermont) amendment to eliminate the proposed excise tax on insurance plans from the Senate health care reform proposal.

The 40 percent tax would be levied on family plans worth more than $23,000 and individual plans worth more than $8,500, starting in 2013. As those thresholds rise with inflation, more and more plans would be subject to the tax.

“Millions of working Americans will pay thousands of dollars more in taxes under the Senate’s proposal to finance health reform,” said Teamsters General President Jim Hoffa. “Millions more will have their health benefits cut, even if they don’t belong to a union.”

Nearly two-thirds of employers would cut health benefits rather than pay the excise tax, according to a recent study by Mercer Consulting. Another 23 percent would pass the cost of the tax on to employees. Seven percent would simply terminate their plans.

“The idea that this tax will curtail rising premiums is just dead wrong,” Hoffa said. “We much prefer the House plan, which would require the wealthiest Americans to pay back part of the tax cuts they have been given over the past decade.”

Many plans are expensive because they cover workers in dangerous occupations, because they are in regions where insurers have near-monopoly power, or because they cover a group that’s older than the general population.

Gary Willett, a member of Teamsters Local 730, spoke against the tax at a news conference with Sen. Sanders.

“The last thing middle-class working families need is to pay more taxes,” said Willett, who works in a Giant Food warehouse in Jessup, Maryland. He added:

“I’m working 50-60 hours a week of hard, physical labor, loading trucks in a warehouse. I’m paying income tax on 50-60 hour weeks.
When we negotiated our contract with Giant Food, we gave up part of a wage increase to maintain our health benefits at the same level.

“My plan isn’t a Cadillac plan. I pay 20 percent of major medical charges and I have an annual deductible of $200. If this tax goes into effect, the cost of my plan will exceed the threshold in 2017. I expect my employer will pass that tax on to me or my benefits will be cut. That means I will either be paying $230 more in that first year than I’m already paying or my benefits will be reduced.

“I urge the Senate to tax those who can afford a Cadillac, not hard-working middle-class families.”


The Teamsters Union’s Position:

TRADE REFORM ESSENTIAL TO JOB CREATION

IBT PRESIDENT JIM HOFFA ADDRESSES WHITE HOUSE FORUM ON ‘JOBS AND ECONOMIC GROWTH’

Protesters at the gate
Above are some of the U.S. citizens who demonstrated in Washington, D.C. last week urging the Government to do something to create new jobs. Their rally coincided with the December 3 Forum at the White House on “Jobs and Economic Growth.”

(December 7, 2009) On Thursday, December 3, President Barack Obama and his Administration sponsored a Forum. The topic of it was “Jobs and Economic Growth.” Many speakers from Labor, Business, Politics and the General Public were there to express their various viewpoints. Speaking for the Teamsters Union was IBT General President Jim Hoffa.

Following is an official statement provided by the IBT News Service, featuring excerpts of Hoffa’s comments at the Forum.

WHAT WE SHOULD BE INVESTING IN
By JIM HOFFA, IBT General President
“On behalf of organized labor, I’d like to thank President Obama for holding this important forum.

“President Obama recognizes that creating good, sustainable jobs is the key to America’s economic growth. And the key to creating good, sustainable jobs is nurturing and protecting infant industries with strong potential to grow. We should be investing in clean and efficient energy technology that we can export to the world.

“Rebuilding our manufacturing base through exports won’t just help blue-collar workers. It will help the retailers, teachers, police officers, truck drivers and countless others who derive their livelihood from a strong manufacturing base, however indirectly.

“To rebuild manufacturing, we need to reform our trade policy and to review existing trade agreements. The TRADE Act of 2009 would go a long way to achieve that goal.

“The TRADE Act would make sure that the benefits of trade go to creating American jobs. It lays out the foundation of how a trade agreement should be negotiated and what it can and cannot include. Importantly, it will prevent future trade deals from banning policies to buy and source American components, products and services. It will prohibit privatization and deregulation requirements.

“We also need to enforce trade rules and international agreements. To that end, we support the Trade Enforcement Priorities Act of 2009. The bill would require the U.S. Trade Representative to set priorities for its enforcement strategy and to work with countries that have a pattern of unfair trade practices.

“Finally, we need to bring down our trade deficit as part and parcel of any jobs strategy.

“We look forward to working with Congress and the administration on setting policies that create good, sustainable union jobs.”

 

Local 174 Analysis:
YOUR WEINGARTEN RIGHTS

THREE DECADES OF UNION REPRESENTATION

Ask for your Steward by name
Workers have an important right to on-the-spot representation in any situation involving actual or potential disciplinary action. It's something every steward and member should know. Where did this right come from? From a 1975 case in which the U.S. Supreme Court ruled that all workers have the right to union representation when a supervisor or boss asks for information that could be used as the basis for discipline. This decision gave workers and unions specific rights called Weingarten Rights (from the name of the case).

(December 1, 2009) Weingarten Rights. Most union members have heard this term. Many shop stewards have the right to protect their members because of it. But what is the origin of these rights? As all new members hear when they join Local 174, and as active members periodically are reminded during their years of membership, Weingarten Rights are vitally important to their standard of living.

What lies behind one of the most significant labor law rulings in recent history? For thirty years, Weingarten has been an often-used word in the vocabulary of union advocates. Check out the IBT’s reporting on this subject below. The text is reprinted from the IBT Web Site. You should read it carefully.

NLRA – SECTION 7
"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection."

NLRB V. WEINGARTEN, INC. 420 U.S. 251 (1975):
The employer violated [Section] 8 (a) (1) of the National Labor Relations Act because it interfered with, restrained, and coerced the individual right of an employee, protected by [Section] 7, "to engage in … concerted activities for … mutual aid or protection," when it denied the employee's request for the presence of her union representative at the investigatory interview that the employee reasonably believed would result in disciplinary action.

HERE IS THE STORY:
J. Weingarten, Inc. operated a large chain of convenient stores, several of which allowed customers to purchase packaged meals. In June 1972, Ms. Leura Collins, a lunch-counter clerk at Store No. 98 in Houston, Texas, was called into the manager's office and interrogated by her manager and a loss prevention investigator employed by the store.

Unknown to Ms. Collins, this investigator had been observing her for the past two days on the basis of a report that she was stealing from the register. Although this particular investigation uncovered no evidence of wrongdoing on Ms. Collins' part, another manager learned (from a coworker) that she "had purchased a [$2.98] box of chicken … but had placed only $1.00 in the cash register."

During the interview, Ms. Collins, a member of Retail Clerks Local Union No. 455, requested several times that her steward or another union representative be present. When questioned about the chicken, Ms. Collins replied that she only took a dollar's worth, but was forced to use a large-size box since the small ones were not available. The investigator went to confirm this; upon his return he "told Collins that her explanation had checked out [and] that he was sorry if he had inconvenienced her, and that the matter was closed."

It was at this point that Ms. Collins finally broke down, exclaiming that the only thing the company ever gave her was a free lunch. Hearing this, the manager and the investigator were surprised, since Store No. 98 had no such policy. Once again Ms. Collins was interrogated, once again she requested representation and once again it was denied. The investigator then asked her to sign a statement that claimed she owed the company $160 for those "free" lunches. She refused.

In Store No.2, where she had previously worked [1961-1970], free lunches were policy. It was later learned that other J. Weingarten employees, including the manager, took "free" lunches, since the company had no official policy that forbade it, a fact confirmed to the investigator who then ended the interview.

Upon leaving, Ms. Collins was asked by the manager "not to discuss the matter with anyone because he considered it a private matter between her and the company [and] of no concern to others." However, Ms. Collins reported this incident to her union and an unfair labor charge was filed.

THE PURPOSE
One vital function of the steward is to prevent an employer from coercing or intimidating employees into confessing misconduct, especially in situations where the supervisor (or any other employer representative) engages in interrogatory techniques.

The NLRA protects union concerted activities, which includes a member's right to request union representation during investigatory interviews. This right was recognized in 1975 with the U.S. Supreme Court's ruling in NLRB v. J. Weingarten (420 U.S. 251)* and became known as a member's Weingarten Right.

*Note: This opinion was delivered by Justice William Brennan and was joined by Justices Douglas, White, Marshall, Blackmun and Rehnquist [the current Chief Justice]. The dissenting opinion was filed by Chief Justice Warren Burger and joined by Justice Powell.

A lone employee, confronted by the employer's investigation and the possibility of discipline, may be either too afraid to face accusations, too inarticulate to accurately explain, or simply to uniformed to raise extenuating factors. A knowledgeable union representative could assist this employee by drawing out favorable facts or applicable mitigating circumstances.

A tangible knowledge of Weingarten is vital, since it allows the steward to:

  • Serve as a (non-silent) witness to this interview
  • Contradict a supervisor's possibly false account of said interview
  • Prevent intimidating tactics or confusing questions by supervisor
  • Prevent the member from making self-incriminating statements or admissions
  • Advise the member, under certain circumstances, to deny everything
  • Warn the member about losing his or her temper
  • Discourage the member from informing on others, i.e., co-workers
  • Identify any extenuating or mitigating factors that could benefit the member

THE INVESTIGATORY INTERVIEW:
Weingarten Rights can be invoked ONLY in an investigatory interview, which occurs when:

  • Employer Representatives (Supervisor, Manager, et. al.) question an employee about specific conduct or to obtain information that could be used as a basis for discipline.
  • As a result of the above, the employee has a reasonable belief that the interview could result in discipline or some other adverse consequence. Example: an employee being questioned about an accident would be justified in fearing that he or she might be blamed. 
  • Of course, not every interaction between employee and supervisor is an investigatory interview; for example, a supervisor speaking to a subordinate about a particular job performance. While the supervisor may no doubt question the worker about his or her performance, the likelihood of discipline is not the issue. Both parties are merely engaged in a work-related conversation — there is no investigation.
  • However, this workshop conversation could suddenly acquire an entirely different demeanor should the supervisor becomes hostile or the questioning turns into suspicion. In this case, any employee may become fearful; at this point would require union representation.
  • Yet, when a supervisor (or any agent of the employer) calls an employee into the office to warn, reprimand or impose discipline already decided, this is not — according to the NLRB* — an investigatory interview, since employee conduct is not being questioned, but rather has been observed and is being acted upon [*Baton Rouge Water Works, 246 NLRB 995 (1979)].

EDUCATING MEMBERS
Unlike Miranda, another landmark Supreme Court case, Weingarten does not require notice at the time of questioning — or, in this case, an investigatory interview. This means that the Employer is not required to inform the employee that he or she has a right to Union representation. For the union and the steward, this means educating their membership by explaining these rights. Many local union contracts contain Weingarten in their language, such as this example:

“The employer recognizes the employee's right to be given representation by a steward, or a designated alternate, at any investigatory interview. The employer will remind the employee of this right at the time that the employer requests the investigatory interview.”

A GOOD REMINDER
Many local unions provide their members with wallet-sized cards that read:

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.”

WEINGARTEN AND PUBLIC EMPLOYEES
The original applications of Weingarten covered only those employers under the National Labor Relations Act; therefore, it did not address public employers. However, each state has its own laws for public sector employees — and, each state will have different views on the right to union representation.

For example, California public employees have the same rights during an investigatory interview, as do private sector employees. In any case, public sector employees are protected by the due process tenets provided in the Fifth and Fourteenth Amendments of the U.S. Constitution.

[Note: Weingarten Cards (English and Spanish) can be ordered through the Teamsters Education Department.]

‘Cadillac’ Tax Idea Bad:
THREATENS THE MIDDLE CLASS

SENATE PLAN TO IMPOSE EXCISE TAX ON INSURANCE COMPANIES FOR HIGHER-COST HEALTH PLANS WOULD CAUSE HUGE TAX HIKE FOR WORKING FAMILIES 

Hands Off
With friends like the U.S. Senators who have proposed indirectly taxing insurers who have good insurance plans, who needs enemies?

(November 24, 2009) WASHINGTON, D.C. — Teamsters General President Jim Hoffa issued the following statement last week about the Senate plan to impose an excise tax on insurers for higher-cost health plans that will mean a huge middle-class tax hike to workers: 

It Would Be Shifted onto Workers!
“The Senate plan includes a provision that would impose an excise tax on insurers for higher-cost health plans that is simply a huge middle-class tax hike. The excise tax would be shifted onto workers and potentially force steep reductions in benefits or exorbitant increases in costs.

“This provision is really a massive tax increase on the middle class by calling it a tax on insurers, but it is naive to think that insurers won’t pass this tax directly on to workers.

“Any claim that it affects only ‘Cadillac’ plans and thus the wealthy is misleading. This tax will fall on one-third of Americans in 10 years. The average affected household will pay $7,600 more in taxes between 2013 and 2019, according to a recent analysis of the proposal. 

“The idea that this tax will curtail rising premiums is just dead wrong.

“Many plans are expensive because they cover workers in dangerous occupations, because they are in regions where insurers have near-monopoly power, or because they cover a group that’s older than the general population.

“We’re pleased that the Senate is moving forward on the health insurance reform that we so desperately need, but not at the expense of middle-class wage earners. We much prefer the House plan, which would require the wealthiest Americans to give back part of the tax cuts they have been given over the past decade.”


Teamsters Speak Out:

HAZARDOUS MATERIALS
IBT SUPPORTING COMPREHENSIVE HAZMAT REGULATION; SPECIFICALLY URGING CONGRESS TO TIGHTEN RESTRICTIONS ON LITHIUM BATTERIES, WET LINES

Tank Hauler doing safety check
Shown are drivers in two of the areas involved in hazardous materials transport, in pictures from the IBT Website. The IBT represents approximately 300,000 workers in the United States who are involved in the transportation of hazardous materials including: tank haul truck drivers who transport bulk shipments of hazardous materials in quantities of up to 10,000 gallons; drivers and dock workers in the Freight Industry; drivers and warehouse workers in the Hazardous Waste Transport Industry; solid waste drivers; drivers and workers in the Building and Construction Materials Industry; airline pilots; and members who are employed in the Public Sector who are responsible for responding to traffic accidents.  Many of these members must submit to comprehensive background checks as required by the Transportation Security Administration and the Homeland Security Administration.
 
LaMont Byrd, IBT Director of Safety and Health Department, called on Congress to provide legislation for better regulation of hazardous materials on behalf of the Teamsters Union. “This International Union is very concerned about the health, safety, and security of our membership and that of the general public that shares the roads and highways with our members,” Byrd said.
Solid Waste driver

(November 19, 2009) BALTIMORE — The Teamsters Union said this week that it supports legislation to ban the transportation of flammable liquid in the loading lines of tank trucks. Currently, 30 to 50 gallons of flammable liquid such as fuel can be transported in unprotected loading lines beneath tank trucks. 
 
On November 13, the National Transportation Safety Board had reported on a recent highway accident in New Jersey in which an automobile crashed into a tank truck and the subsequent fire killed the car driver. The NTSB concluded that the fire probably wouldn’t have erupted if the loading lines had been empty. There have been 184 accidents over the past 10 years in which loading lines were damaged or ruptured. 
 
The House Subcommittee on Railroads, Pipelines and Hazardous Materials held a hearing on November 16 on the Hazardous Material Transportation Safety Act of 2009, H.R. 4016, which prohibits transportation of certain flammable liquids in loading lines of new tank trucks. 
 
LaMont Byrd, Director of the IBT Safety and Health Department, said the requirement would be worth the cost — $2,000 to $4,000 on vehicles worth $80,000 to $100,000 — for equipment to purge the loading lines, known as “wet lines.” 
 
“It is clear that these wet lines present a real danger when tank haul trucks are involved in accidents to not only the traveling public, but to the drivers of these vehicles,” Byrd said.  
 
The Teamsters represent 11,000 drivers in the Tank Haul Industry. 
 
The Teamsters also support legislation requiring lithium batteries on cargo airplanes to be stowed where the crew can reach them. Lithium cells and batteries can ignite on an airplane.
 
“Limiting stowage to crew-accessible locations is essential to protecting the crewmembers from certain disaster should a fire occur onboard the aircraft,” Byrd said. 
 
Teamsters represent 2,550 air cargo pilots at 15 cargo airlines. 
 
The Teamsters also support other elements of the bill including hazardous materials training for workers and continuation of Occupational Safety and Health Administration authority to protect transportation workers who move hazardous material. 

Disaster Response:
TRAINING COMING UP

SISTERS IN THE BUILDING TRADES HOSTING FREE TRAINING FOR ALL TRADES NOVEMBER 21-22
Rosie

Come to the Training if you can, if you work in a Building Trades job that could be affected by a disaster!

It is better to be safe than sorry, and knowledgeable than ignorant, when an unexpected emergency happens.

(November 18, 2009) NEWS REPORT COURTESY OF WASHINGTON STATE LABOR COUNCIL — Sisters in the Building Trades is hosting free disaster response training for all trades this weekend, November 21-22, at the South Seattle Community College Duwamish Apprenticeship Campus.

Given our area's increased danger of flooding (especially along the Green River), its active volcanoes and its location in an earthquake subduction zone, this training is especially important. It will look good on your résumé, making you better qualified for disaster site cleanup work.

But most importantly, it will enable you to care for your co-workers, family and community in case of disaster. Read more here.

 

\Local 174 Election Results:
RICK HICKS RE-ELECTED

VOTING MEMBERS RETURN CURRENT SECRETARY-TREASURER TO OFFICE FOR ANOTHER THREE-YEAR TERM IN LANDSLIDE VOTE; ENTIRE TEAMSTERS 4 LEADERSHIP SLATE VICTORIOUS

Teamsters 4 Leadership slate

By BILL McCARTHY, Communications Specialist
(November 13, 2009) Yesterday the votes were tallied, and when the dust had settled the membership of Local 174 had overwhelmingly re-elected its current Secretary-Treasurer, Rick Hicks, to a second three-year term as their Chief Executive Officer. They also elected all the other six members of his Teamsters 4 Leadership Slate overwhelmingly, too.

The ballot sorting, validating and tallying took place under strict procedural controls as called-for in the 174 Election Guidelines, in the Tukwila JC-28 Building’s Main Auditorium. The process started about 8:30 a.m., and results were known by about 5:00 p.m.

The landslide victory by the Hicks Team followed a vigorous campaign. After the votes were counted and the results were confirmed, Hicks, on behalf of his tired but very happy Slate of candidates, thanked the members who voted.

“We are grateful to all those who took the time to vote, and for being given the opportunity by them to lead this great Local Union for the next three years,” S-T Hicks said.

“We accomplished a lot during 2007-2009 in our first term. But we are well aware that there are many continuing old challenges, and new challenges coming up on the horizon, with which we’ll have to deal very soon during our second term from 2010-2012,” he continued. “We assure everyone that we will be ready to face them head-on with all of our energy and skill.”

There were 2,725 total votes cast in the 2009 Local 174 Officers Election. There will be extensive coverage of the Election and the Plans of the Hicks Administration for 2010-2012 in the next issue of the Local 174 Teamster Record Newspaper.

2009 VOTING RESULTS
Following is a breakdown of the vote totals tallied in the 2009 Local 174 Officers Election.
SLATE VOTES
RICK HICKS 2009 TEAMSTERS 4 LEADERSHIP
: 1,941
HOBE WILLIAMS REAL TEAMSTERS FOR CHANGE: 307
BRET EYERLY REAL TRUCK DRIVERS FOR NONE OF THE ABOVE: 144

INDIVIDUAL VOTES
   

RICK HICKS 2009 TEAMSTERS 4 LEADERSHIP

  • Secretary-Treasurer
    Rick Hicks, 2,028
  • President
    Ted Bunstine, 2,016
  • Vice President
    Ken Marshall, 2,014
  • Recording Secretary
    Carl Gasca, 2,033
  • Trustee
    Abe Taylor, 2,010
  • Trustee
    Gary Bolen, 2,010
  • Trustee
    Terri Zinter, 2,001

HOBE WILLIAMS REAL TEAMSTERS FOR CHANGE

  • Secretary-Treasurer
    Hobe Williams, 340
  • President
    Larry Fontana, 342
  • Vice President
    Sue Morrison, 357
  • Recording Secretary
    Gary Ploegsma, 358
  • Trustee
    Chuck Bowman, 382
  • Trustee
    Lynn Trusty, 367
  • Trustee
    Ryan McConnell, 347

BRET EYERLY REAL TRUCK DRIVERS FOR NONE OF THE ABOVE

  • Secretary-Treasurer
    Bret Eyerly, 181
  • President
    Mike Waine, 182
  • Vice President
    Nick Walen, 174
  • Recording Secretary
    No Candidate
  • Trustee
    Dan D’Andrea, 197
  • Trustee
    No Candidate
  • Trustee
    No Candidate

 

Important Holiday:
REMEMBERING VETERANS

OUR ARMED FORCES MEN AND WOMEN QUIETLY MAKE IT POSSIBLE FOR AMERICANS TO ENJOY THEIR FREEDOM

We thank the Vets who have served

By BILL McCARTHY, Communications Specialist
(November 11, 2009) Have a nice Veterans Day Holiday today. Take it easy with friends and family, forget about work for a few hours, and have a fancy meal. But sometime during the Holiday, think about our Nation’s Veterans — present, past and future, alive and dead — and their many sacrifices.

It isn’t just the men and women in the Armed Forces themselves whose actions make it possible for U.S. citizens to live in freedom. It is also their families — parents, children, brothers and sisters, spouses and friends. For every Serviceman and Servicewoman, there are dozens of relatives and friends affected by their fates while in uniform — whether those fates involve just long absences, or physical injuries, or death.

Even when the Veterans return to civilian life, they deal with physical, mental and emotional trauma. And unfortunately, no one who hasn’t been in combat situations can really understand what that really means.

The Annual Veterans Day Holiday is this Country’s way of honoring those who have served, or are serving, in its Military. It is both a Federal and a State Holiday in all the States. It is usually observed on November 11, unless the 11th falls on a weekend. It is also celebrated as Armistice Day in other parts of the world, and everywhere is based on the November 11, 1918 World War I Armistice or, in regular terms, the day signed documents of surrender marked the end of major hostilities of World War I between the Allies and Germany.

For two decades the U.S. noted Armistice Day. Then, it started calling the event Veterans Day and made it an official Holiday in America in 1938 — dedicated to observing efforts to reach world peace.

Our Military men and women deserve our profound thanks. They are courageous, and are steadfastly keeping us safe back here in the Homeland. We focus on their actions in the Middle East most of the time, but they are serving in many locations other than Iraq, Afghanistan and Pakistan. In fact they are stationed all over the globe. They have earned, and continue to earn, the gratitude of all Americans.

Hidden Danger:
DAMAGED NEW CARS
SAFETY ON OUR ROADS THREATENED BY ACTIONS OF CAR COMPANIES USING CARHAUL TRICKERY
IBT President James P. Hoffa
IBT General President James P. Hoffa continues to speak out on matters of transportation safety that affect not just Teamster members, but everyone who travels on our highways. Car companies must not be allowed to profiteer and use unfair anti-union tactics during the current economic mess in which this Nation is stuck.

By JAMES P. HOFFA, IBT General President
(November 10, 2009) Hidden damage to new vehicles is one of the most serious problems American car buyers face. Unfortunately, your brand new car may be more likely than ever to have hidden structural damage. That’s because Chrysler and GM are trying to cut corners by switching to cut-rate carhaulers.

Chrysler and GM have traditionally avoided delivering damaged cars to their dealers by using professional carhaul companies such as Allied Systems Holdings Inc., Cassens Transport Co. and Jack Cooper Transport Co.

The carhaul companies use rigs specially designed to carry vehicles safely over long distances at highway speeds. They employ professional drivers who have the training and the experience to deliver your car or truck to the dealer without damage. It’s one of the most difficult, dangerous jobs in the trucking industry — not something amateurs should try.

The cost of delivering a car to a dealer is $80 to $120 — less than one-half of 1 percent of its total cost. The price charged to consumers for delivering a new GM or Chrysler vehicle to the dealer — the mandatory “destination charge” — is $800 to $1,000. In other words, the cost to GM or Chrysler of delivering a new vehicle to the dealer is about 1/10 of what the car companies charge each customer for that service.

BAD BEHAVIOR BY GM AND CHRYSLER
Now GM and Chrysler want to save a few dollars per vehicle and extract even more profit given their inflated “destination charge” by using whatever company gives them the lowest bid. The cost cutting they’re demanding will drive their traditional carhaul carriers out of business. Five thousand good-paying carhaul driver jobs will be lost, replaced by temporary, minimum wage jobs.

More cars will be delivered to dealers with scratches, dents and undisclosed structural damage. Highway drivers will be jeopardized by cars that aren’t properly secured to their rigs. Go to CarBuyersBeware.com for more information.

The auto dealers understand the risks posed by replacement drivers and improper equipment. More than 100 Chrysler and GM dealers recently signed an open letter of protest to Chrysler CEO Sergio Marchionne and GM President and CEO Frederick A. Henderson.

“This is killing us,” the dealers wrote. “Many of these replacement drivers come with little experience, inadequate training, no accountability and inadequate equipment. Some of them are hauling new cars with flatbed trucks or other equipment that is not designed to protect new cars over long distances.”

SAVINGS NOT PASSED ON TO CUSTOMERS
Though your new vehicle will be exposed to new hazards, the automakers won’t pass any savings on to you. You’ll still be paying up to $1,000 with no guarantee that your car was loaded or secured properly.

This is especially unfortunate because the two auto giants were given $80 billion in taxpayer dollars. Congress justified the bailout as essential to saving jobs in a severely troubled industry. Congress did not intend for the companies to engage in cost-cutting methods that jeopardize highway safety.

By driving down the standards for safety, jobs and consumer protection, Chrysler and GM are failing to hold up their end of the bargain. At a time when unemployment has reached 10.2 percent, their actions are unconscionable.

The auto dealers put it best. In their letter, they noted that American consumers opposed the Chrysler and GM bailouts, which were touted as a job-saving necessity.

And, they concluded, “This latest gambit may finally do us in.”


On to Governing:
GENERAL ELECTION OVER

NOW THE POLITICIANS WHO WON CAN STOP JUST TALKING AND START ACTUALLY DOING SOMETHING

obama-has-own-insurgency(November 6, 2009) The November 3, 2009 General Election is now history. Across the U.S., Republicans did well in many statewide and local contests, which is a bit surprising when you think that it was just one year ago that our Democratic President Barack Obama was swept into office on a tidal wave of pro-Democratic Party sentiment that also saw the Democrats win control of both the U.S. House and the U.S. Senate.

The charitable sentiment is now quite obviously a thing of the past, as it now appears to many citizens that the Democrats don’t have any answers for anything either — and the Obama Administration doesn’t seem able to undo the widespread damage caused by the Bush Administration before it. The reason? The Democrats in both the White House and the Congress have been stymied at every legislative turn by the Republicans.

The “Party of No” has through its leaders’ skills at using stall tactics in the House and Senate, caused a year to go by with no progress able to be shown clearly by Obama. But everyone can watch the circus on Cable TV to hear about the mess in the Congress and the White House. It is more productive to narrow in on what Washington State’s voters did on November 3.

Many Washington State and local races are still to be decided by absentee votes. But the main ballot measure, odious Tim Eyman Initiative 1033, was soundly trounced 55% to 45% by the voters.

Colorado is the only state to impose a revenue limit like the one that was proposed in I-1033, and it led to deep cuts in public schools, roads/highways and children’s health care. By 2005, things in Colorado had gotten so bad that their voters suspended the law for five years to stop the deterioration of their state. It would have been insane for Washington voters to knowingly subject themselves to such damage to the current safety nets of our society — and they didn’t.

In an important but weird race, Dow Constantine beat Susan Hutchison to become King County Executive. He is very experienced in politics. She was a newcomer to the political battlefield who wanted to run a County for her first professional leadership-related job of any kind. The public seldom elects totally inexperienced candidates running on nothing but hot air, as Hutchison found out.

Most JC-28 and Local 174 endorsed candidates did, or are doing, well. The Seattle Port Commission Position 4 candidate endorsed specially by Locals 174, 117 and 763, Max Vekich, did not win. He gave it a good try, though, getting about 45% of the votes cast.

One of the most distressing things for America’s voters in Washington State and the rest of the Nation is the Health Care Reform ridiculousness going on in Washington, D.C. It hung like a dark cloud over the November 3 General Election. The Health Care Reform “debate” has shown the Nation clearly how the politicians, lobbyists, companies, interest groups, and common citizens like those in Labor Unions, interact in a neverending tragicomic drama. Games are played by both the Democrats and the Republicans.

Fortunes are made by “players” on all sides of the games, and by the upper crust of the citizenry. Nearly all the politicians and the main TV talking heads are millionaires. It is no wonder the middle-class voters hate both the Democrats and the Republicans.

Here is a story from the November 4 edition of the Wall Street Journal, via the Teamsters News Link Service. It pretty well describes the situation that has developed on the Health Care Reform scene. The delays in this important area have led to millions of Americans being generally and equally angry at President Obama, the Democratic Party, the Republican Party, and the Congress.

DEMOCRATS SEE HEALTH-CARE TIMETABLE SLIPPING
(November 4, 2009)
WALL STREET JOURNAL — Time is running short for Congress to deliver a health bill to President Barack Obama before the end of the year, prompting lawmakers to prepare for the debate to carry into 2010.

Reform over the yearsSenate Majority Leader Harry Reid indicated Tuesday that the chamber may not meet its goal of passing a bill in the next several weeks. "We're not going to be bound by any timelines," the Nevada Democrat said.

President Obama wanted a health-overhaul plan in place by the August recess. Now it is looking more like it will happen by the end of the year. But … the merging of the separate House and Senate bills may take longer than that.

DEMOCRATS’ PLAN BOTCHED
Democrats have worked to get the measure done before next year, when midterm elections could make some senators uneasy about voting for a sweeping bill.

In the House, Democrats are still pressing to vote on their health bill before they leave for the Veterans Day break that starts Nov. 11. Republicans are fine-tuning a 230-page health bill of their own that's more limited.

In the Senate, where debate is expected to take longer, Democrats are still waiting for cost estimates by the Congressional Budget Office and trying to bring moderates onboard. They don't expect to get the cost figures from the CBO before the end of this week, which will delay unveiling the bill and bringing it to the Senate floor for debate.

HEALTH-CARE OVERHAUL PROPOSALS
Senate aides say it's possible to pass their bill, combine it with the House legislation and deliver it to Mr. Obama before the end of the year. But the Veterans Day and Thanksgiving holidays present major roadblocks for Senate Democrats, because lawmakers return home for each holiday.

The delay would be a setback for the White House, which has made enacting a health overhaul its top domestic priority this year. But officials minimized the prospect. Dan Pfeiffer, deputy communications director at the White House, said, "Senator Reid has committed to the president that as soon as the Senate has the information back from the CBO they will move expeditiously to pass health reform."

A coalition of employer groups on Tuesday introduced an advertising campaign attacking the House health bill for raising taxes during a bad economy. The groups include the U.S. Chamber of Commerce, the National Retail Federation and the National Association of Manufacturers.

The Democrats' health proposals in the House and Senate are designed to extend insurance coverage to tens of millions of Americans by expanding the Medicaid federal-state insurance program for the poor and providing new subsidies for low- and middle-income Americans that offset the cost of health insurance. They would require most citizens to carry health insurance and prevent insurers from denying coverage to people because of their medical history.

The plan from House Republicans aims for a far smaller expansion of health-insurance coverage. It wouldn't require Americans to carry insurance or stop insurers from denying coverage to those who have been sick. Instead, the bill would allow insurance firms to sell policies across state lines, permit small businesses to pool their risks to bring down costs and rein in medical malpractice lawsuits by capping non-economic damages at $250,000.

The Republican bill also would prohibit taxpayer-funded abortions. House Democrats have proposed that abortion services be covered through the new public health insurance plan that's part of their bill, though their bill would place restrictions on the funding so only private money could be used to pay for the procedure in most instances.

Republicans don't have the votes to pass their bill through the House, but they are using it to highlight what they see as the flaws in House Democrats' legislation. "We don't think [the House] ought to be passing a 2,000-page provision," Senate Minority Leader Mitch McConnell of Kentucky said Tuesday.

Members of the House's fiscally conservative Blue Dog coalition met with CBO Director Douglas Elmendorf Tuesday to assuage their concerns about the Democratic bill's long-term costs. Rep. Earl Pomeroy (D., N.D.), a Blue Dog, said he expects a "split decision" on how to vote for the bill within the 52-member group.

Many Citizens Missed It:
BOEING COMPANY’S BAD MOVE
WHILE THE GENERAL ELECTION  HOOPLA WAS GOING ON, THE AEROSPACE GIANT AGAIN STOMPED ON WASHINGTON STATE
Goforth
Ray Goforth, the Executive Director of the Society of Prefessional Engineering Employees in Aerospace (SPEEA).

(November 4, 2009) During the past month, while many Washingtonians were paying attention to the political races in their State and across the U.S., the Boeing Company made a momentous decision that will affect many thousands of people. And it won’t affect those in Washington State in a positive way.

The Boeing story was covered very well in the Washington State Labor Council’s “WSLC Reports Today” online newsletter.  The gist of the story — after months of dickering with Politicians and representatives of Labor and Business, Boeing decided to establish a second assembly line for its 787 Program in South Carolina.

A November 3 ”Report” editorial by Ray Goforth, the Executive Director of the Society of Prefessional Engineering Employees in Aerospace (SPEEA) clearly gives the viewpoint of Boeing’s workers, and Washingtonians in general. You can access it below

BAD DECISION FOR THE COMPANY, ITS EMPLOYEES AND ITS SHAREHOLDERS
SPEEA Executive Director Ray Goforth says Boeing executives' decision to locate a second 787 assembly line in South Carolina "is bad for the company and employees and will ultimately be bad for shareholders." In a guest column in today's Seattle Times, he writes, "The 787 is a money pit, siphoning manpower and cash from the 747-8, Air Force tanker and other critical programs. Boeing Chicago's decision to outsource design, engineering and manufacturing failed. Instead of concentrating efforts to get the 787 back on track and in the air, Boeing leaders decided money is better spent setting up a new production line. This will further delay the profitability point of the 787 by nearly doubling capital investment." Read more.

In its October 28 edition of “WSLC Reports Today,” the International Association of Machinists had given the reasons why Washington State would have been “the smart choice” for future Boeing 787 work. What they said fell on deaf ears at Boeing, where the Company managers are interested mostly just in bottom line profits. It may now be too late to do anything, but readers might want to review the Labor and Worker side of this debacle. You can access it below.

SOUTH CAROLINA A ROTTEN CHOICE BY BOEING
In a statement released Tuesday, the International Association of Machinists says, "Instead of spending another $750 million to collect the incentives the South Carolina legislature proposed today (on top of the $1 billion Boeing already spent to purchase that plant earlier this year), we would all be better off if Boeing made the rational decision, with the least amount of risk and best chance of success by simply continuing to work with us. ... Boeing faces a lot of challenges right now, and its only chance for success is to form partnerships with the people who can help it. We are those partners. We can -- and should be -- the force that drives Boeing forward in the 21st century." Read more. 


Final Reminder:
CONSTRUCTION LOAD SECUREMENT TRAINING NOVEMBER 7

YOU SHOULD READ THE FOLLOWING INFORMATION ABOUT THE TEAMSTER TRAINING CENTER

Sign up for the November 7 Load Securement Training
The Teamsters/AGC Training Center provides training for members of all interested Teamsters Union Locals in Washington and Idaho — but specifically gears up for these Construction Industry Locals: 38 Everett, WA; 174, Seattle, WA; 252, Centralia, WA; 313, Tacoma/Pierce County, WA; 589, Port Angeles, WA; 690, Eastern Washington/Northern Idaho; 483, Boise, ID; and 983, Pocatello, ID. Construction Teamsters work in the road building industry. This includes both dirt work for new roads and rebuilding of existing roads combined with paving operations. Persons wishing to become a Construction Teamster Apprentice are encouraged to apply to the Center’s program. All other training is provided exclusively for Construction Teamster Union Members only.

(November 1, 2009) This is a final reminder that on November 7, 2009, there is going to be a Teamsters/AGC Training Center 8-hour training session at the Teamster Building in Tukwila. The session involves Load Securement for the Construction Industry. Here are the details on the November 7 Teamster Training Load Securement for Construction Industry Class.

Below are important facts about the Teamsters/AGC Training Center itself, of which you should be aware.

TRAINING AVAILABLE TO ALL JC-28 LOCAL UNIONS

Teamsters/AGC Training Center Safety and Health Courses are available to all members of JC-28’s affiliated Local Unions. The Courses fulfill DOT, OSHA and DOE Requirements, and they provide Proof of Training. For those unfamiliar with the Teamsters/AGC Training Center, information follows. You can visit their Website at  www.teamsterstraining.org  for Class dates and times.

40-Hour Initial Hazardous Waste Worker Training
OSHA requires this Course for workers at hazardous waste sites. The Course includes classroom and hands-on training activities using proper respirator, protective clothing and safety equipment. Each worker receives a “40-Hour Card” that certifies the worker to do hazardous waste work for 12 months, at which time OSHA requires a Refresher Course.

8-Hour Hazardous Waste Worker Refresher Course
OSHA requires this annual Refresher Course for hazardous waste workers. The Course reviews the initial Course, lessons learned, along with new procedures and regulations. Each worker receives an “8-Hour Refresher Card” that certifies the worker for 12 months. Classes available in Tukwila, Spokane and Pasco.

10-Hour OSHA Construction Safety and Health Outreach Course
Many contractors and jurisdictions require construction workers to take this Course on OSHA standards, electrical safety, fall protection and other topics chosen to match the job tasks of the workers attending the Course. Each worker receives an “OSHA 10-Hour Card” showing that the worker completed this Course.

8-Hour Hazardous Materials Transportation Safety and Security Courses
DOT requires transportation workers who handle hazardous materials to take hazmat awareness training and security awareness training. This includes drivers, warehouse workers and port workers. Each worker receives an “8-Hour Hazardous Materials Transportation Card” that certifies the worker for 3 years.

8-Hour Load Securement
This Course covers 49 CFR 393 Subparts 100-136. It includes inspection of tie-down devices, use of tie-down calculators, number of tie-downs required and protection against shifting and falling cargo. An interactive discussion and custom hands-on training of securing loads found in the Construction Industry is also included. Each worker receives a “Load Securement Card.”

For additional information or to schedule a Class contact the Teamsters/AGC Training Center, 2410 E. St. Helens St.,
Pasco, WA 99301, phone (888) 600-8297; or via e-mail, at  “wactjatc@yahoo.com”; or via the Web, at “www.teamsterstraining.org”.

APPRENTICESHIP OPPORTUNITIES
The Washington Construction Teamsters Apprenticeship Program takes application for apprenticeship on a year-round basis.

All interested persons may obtain an application at the following location:

TEAMSTERS/AGC TRAINING CENTER
2410 East St. Helens St., Pasco, WA 99301
(509) 545-8297 or (888) 600-8297

MINIMUM QUALIFICATIONS

  • Age: At least 21-years of age.
  • Education: Reading and language comprehension sufficient to perform the work of the Teamsters.
  • Physical: Must be able to meet the requirements of the trade.
  • Testing: None.
  • Other: Valid driver’s license (DMV Report) with ability to obtain CDL (DOT physical).

AVAILABILITY OF APPRENTICESHIP OPPORTUNITIES
The number of new apprentices to be accepted will be based upon the needs of the Industry as projected from reliable trends.

EEO POLICY
The recruitment, selection, employment and training of apprentices during their apprenticeship shall be without discrimination because of race, color, religion, national origin or sex. The sponsor shall take affirmative action to provide equal opportunity in apprenticeship and will operate the Apprenticeship Program as required by the rules of the Washington State Apprenticeship and Training Council and Title 29, Part 30 of the Code of Federal Labor Standards. Females and minorities are encouraged to apply.

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