July-August 2010
Stories on this page:
- Coke Employees Make Unconditional Return to Work Offer
- Honoring Teamster Veterans
- Employees file suit against Coke for cancelling their health care
- Teamsters: Coca-Cola Investor Alert
- 40-Hour Hazardous Waste Worker Training 9/13-17, or 10/25-29
- Striking workers at Coke gain international support from IUF
- Coke cancels health care for employees who have paid their premiums
- Day 2 Update from the Coke Picket Line
- Allied Waste Teamsters Strike Over Unfair Labor Practices
- Labor Day Picnic Coming Up Soon
- Hoffa: Best Civil Rights Program is Teamster Contract
- 500 Coca-Cola workers in Wash. on strike
- Teamsters Inform Seahawks Fans about Coke's Plans to SLASH Jobs, Health Care
- Not-So-Good Vibrations on New Ferry Eliminated
- August 17, 2010 Primary Results
- Teamsters Urge Federal Government To Challenge Mexico's Retaliatory Tariffs
- New State Ferry Five Weeks Late and Counting, and the Costs Are Mounting
- Excessive Vibrations Discovered in Driveline of State's Newest Ferry
- July Update on the Oak Harbor Freight NLRB Trial
- President Obama Explains Health Insurance Web Site
- New Ferry Begins Tests on Puget Sound
- FedEx Ground Agrees to Pay More than $3 Million to Settle Misclassification Suit
- Help Former CF Workers Claim Their Money
- July 2010 Freight News Update
- Voluntary Recognition for Waste Management Seattle Container Delivery Drivers
- James R. Hoffa Memorial Scholarship Fund 2010 Essay Contest
- Teamsters National Black Caucus 35th Annual Educational Conference & Banquet
Teamsters Ready to Bargain a Fair and Equitable Contract with Coke
Coke Employees Make Unconditional Return to Work Offer
(Seattle, WA) – 500 Western Washington Coke employees who went on strike last Monday have made an offer to return to work unconditionally in a gesture that demonstrates their willingness to bargain a fair and equitable contract in good faith. Negotiations between the Washington Teamsters United and Coke are set to resume this Wednesday and Thursday, September 1 and 2.
“Over the last week, we have demonstrated to Coke the value of our professionalism and our labor,” said Blaine Parks, a 32-year driver for Coke’s production and distribution facility in Bellevue. “We have also sent a strong message to Coke that its employees expect the company to take the collective bargaining process seriously.”
Union representatives expect the 500 area Coke employees will resume normal operations Tuesday morning to catch up with the backlog created by last week’s work stoppage.
“We are optimistic that Coke will return to negotiations prepared to bargain in good faith,” said Tracey A. Thompson, Secretary-Treasurer of Teamsters Local 117 and chief negotiator for Washington Teamsters United.“Issues like the health care for Coke employees and retirees are too important to our members and their families not to be addressed in a straightforward and forthright manner.”
The Union says it will continue to pursue the Unfair Labor Practice charges it brought against Coke before the National Labor Relations Board as well as the class-action ERISA lawsuit on behalf of Coke employees who had their health care benefits revoked by the company shortly after the work stoppage began last week.
Approximately 500 Coke employees in Western Washington went on strike on Monday, August 23, over charges of employee surveillance, intimidation and bad faith bargaining. Contract negotiations between the Union and Coke have been underway since April. The employees’ contract expired on May 15, 2010.
Honoring Teamster Veterans
In honor of Veteran's Day, the International Brotherhood of Teamsters plans to pay
tribute to our brothers and sisters who have served, or are currently serving, in Iraq
and Afghanistan.
The International asks that all Local Unions and Joint Councils provide the names
and Local Unions of these brothers and sisters to the Communications Department,
either by email or fax. The names will be posted on the main Teamster website, www.teamster.org on Veteran's Day.
Employees file suit against Coke for cancelling their health care
August 27 – Attorneys representing 500 striking employees at Coke filed a class action lawsuit against the Company today for violations of the Employee Retirement Income Security Act (ERISA) after Coke canceled the employees' health care. Five plaintiffs were named in the complaint.
.jpg "Click the graphic to support Teamsters at Coke fighting to retain their health care protection")
ERISA is the federal law that sets minimum standards for health plans in private industry to protect individuals covered under these plans.
“My wife had a kidney transplant two years ago. When Coke cancelled our health care, they cut off her anti-rejection medication. This shows me that Coke doesn’t care about its employees,” said Bill Mauhl, a 34-year Coke employee, who works in the company’s production facility in Bellevue.
“In my more than 15 years of representing workers in labor disputes, it’s hard to think of any past instance where I have seen an employer retaliate against its striking workers in a manner as egregious as what Coca-Cola Enterprises has done here,” said Dmitri Iglitzin, an attorney at Schwerin Campbell Barnard Iglitzin & Lavitt, an employment law firm based in Seattle.
“Cutting off the medical benefits to more than 500 workers, knowing that many of them rely on those benefits on a day-to-day basis and will be irreparably harmed if they lose those benefits is a brutal, full-scale attack by Coke on its own workers,” said Tracey A. Thompson, Secretary-Treasurer of Teamsters Local 117 and chief negotiator for Washington Teamsters United.
Approximately 500 Coke employees in Western Washington went on strike on Monday over charges of employee surveillance, intimidation and bad faith bargaining.
Contract negotiations between the Union and Coke commenced in April. Over the past several months, the Company has engaged in an aggressive campaign of unfair labor practices. The employees’ contract expired on May 15, 2010.
Source: http://teamsters117.org/index.cfm?zone=view_article.cfm&HomeID=173309
Teamsters: Coca-Cola Investor Alert
August 27, 1010 – Investors in The Coca-Cola Co. [NYSE: KO] are moving closer to owning a very different company than the one they have known for decades, the Teamsters Union announced today.
The company’s board of directors has repeatedly predicted that its takeover of the world’s largest Coca-Cola bottler, Coca-Cola Enterprises’ (CCE) North American operations, will occur in the fourth quarter. Coke executive management and its shareholders must adapt to a business model that goes from a high-margin, lower-capital cost venture to a low-margin, labor-intense business in North America. And now CCE [NYSE:CCE] is adding potential risks by sparking a labor dispute that threatens Coke sales in Washington state and may have ramifications throughout the important West Coast market and beyond. . . . Read more on this story here.
Striking workers at Coke gain international support
from IUF
August 26, 2010 — Striking Coke workers in Western Washington have won international support from the International Union of Food and Allied Workers (IUF), an organization that represents thousands of beverage workers worldwide. IUF General Secretary, Ron Oswald, sent a letter to the workers that expresses IUF's solidarity and support in the struggle against facility closures and cuts in health care for Coke employees. Oswald writes:
"In these times of economic turmoil, companies should not add to economic distress by further slashing jobs and cutting benefits."
Read the letter here.
Coke cancels health care for employees who have paid their premiums
Aug 25, 2010 – Coca-Cola Enterprises (CCE) has taken action to punish 500 striking workers in Western Washington by cancelling their health care benefits, even though the employees have already paid their share of their premiums through the end of August.
Coke employees, who went on strike on Monday over the Company’s refusal to bargain in good faith, reported the loss of their benefits after they had tried to fill prescriptions at local pharmacies and hospitals. One employee, who said he preferred not to be identified for fear of retaliation from the Company, said he faced an $8,000 medical bill for a prescription to treat a chronic, life-threatening illness.
“This further demonstrates Coke’s ruthless business model that puts corporate profits over the health and well-being of its own hardworking employees,” said Tracey A. Thompson, Secretary-Treasurer of Teamsters Local 117 and the lead negotiator for Washington Teamsters United. Striking Coke employees said they expected to have health care coverage at least through the end of August since the Company had already deducted the employees’ share of the premium for their medical plan.
Negotiations between Coke and Washington Teamsters United have been underway since April, but the company refused to bargain with the Union for over 10 weeks, and then began an aggressive campaign of unfair labor practices. The Union has filed charges against Coke for bad faith bargaining over the Company’s insistence on eliminating health care for retirees, reducing its employees’ health care benefit, and increasing the share of their employees’ health care premiums by 800%.
Pepsi and Safeway Beverage, the other large beverage companies in the area, negotiated contracts with the Teamsters this year that did not include huge health care premium increases or the elimination of retiree medical benefits.
In 2009, the Coca-Cola Company’s revenues were over $30 billion. The Coca-Cola Co. employs 92,800 worldwide. CCE’s revenues were over $21 billion. CCE employs 70,000 worldwide. Washington Teamsters United, which includes Teamsters Local Unions 38, 117, 174, 252, 313, and 589, represents approximately 500 Coke employees at six Western Washington area locations, in Bellevue, Marysville, Fife, Tacoma, Aberdeen and Bremerton.
Coke Ground Zero
Dispatch from the Front Line
August 25, 2010 — We took our members out at 5 pm yesterday (Monday, August 24). Local 174 Secretary-Treasurer Rick Hicks and BA Tim Allen walked out the 174 members, while Local 117 Secretary-Treasurer Tracey Thompson and BA Pete Lamb did the same with the 117 members. The primary issue is the company’s failure to bargain in good faith. Company negotiators have admitted they do not have the authority to change any of the Companies stance on Retirees Health and Welfare and plan to dramatically increase monthly premiums for Bargaining Unit H&W.
We have had the company shut down. Today they ran twenty trucks out—some full, but most not. The inexperience shows as many of the loads shifted and dumped product all over the inside of the trailers. Several injuries have been sustained by management as they have attempted to keep some production going. We've received lots of good press coverage and lots of community support has been expressed to the picketers, with an occasional bird flying by. The Company has put out some literature re-writing bargaining history and appearing to soften some of their previous hard-line positions. Rumor has it they are bringing in replacement workers from around the country (Management?) to try and operate. Stay tuned--we will keep you posted.
Click on photos below for larger view.
500 Teamsters Honor Picket Line, Workers Call On Company To Negotiate In Good Faith
Allied Waste Teamsters Strike Over Unfair Labor Practices
(Half Moon Bay, Calif.) –Today, hundreds of Teamsters at Allied Waste are honoring the picket line of scale house operators, sorters and drivers who went out on strike this morning to protest unfair labor practices by the solid waste giant during ongoing contract negotiations.
Twelve workers represented by Teamsters Local 350 in Daly City, Calif. have been in negotiations with Allied Waste for a new contract for more than eight months. The workers, who work at the Ox Mountain yard, are holding a 48-hour strike to protest Allied Waste’s continued stall tactics and refusal to bargain in good faith.
“Our members feel that enough is enough,” said Bob Morales, Teamsters Local 350 Secretary-Treasurer and Director of the Teamsters Solid Waste and Recycling Division. “We are sending a wake-up call to Allied Waste – we will not be bullied and intimidated during negotiations. We have negotiated in good faith and expect the same behavior from the company.”
More than 500 Teamsters that work at Allied Waste are honoring the picket line at Ox Mountain. The 12 members on strike are not the only workers represented by Local 350 currently in negotiations with Allied Waste. Clerical workers, organized by the Teamsters earlier this year, are trying to negotiate a first contract with Allied Waste but have encountered similar tactics by the company.
The clerical workers, who are predominantly female, apparently do not rate the same health and welfare and pension benefits or wages as the male workers at the company. Allied Waste has refused to make an offer to the clerical workers with comparable benefits and wages to the male workers. The union has filed unfair labor practice charges against the company on behalf of the clerical workers.
“Gender should never be a factor when negotiating for wages and benefits,” Morales said. “Female employees should be treated with equality and respect in the workplace, and we will not accept any agreement that discriminates on the basis of gender.”
Founded in 1903, the International Brotherhood of Teamsters represents more than 1.4 million hardworking men and women in the United States, Canada and Puerto Rico.
Labor Day Picnic Coming Up Soon
Labor Day is coming up quickly and we hope you are planning to join us at our Labor Day Celebration.
This year’s festivities include:
- Two live bands featuring The Fabulous Boomers (oldies/retro rock & roll) and special guests Mariachi Grullence (from Jalisco, Mexico)
- More kids’ activities than ever before including a crafts table, facepainting, hula-hoop contest, scavenger hunt, piñatas, clowns, games, MLKCLC Education Committee “voting booth”
- Two Puget Sound Labor Agency raffles
- Free hot dogs, ice cream, soda, popcorn and kettlecorn
- MLKCLC Political Action Committee information on labor-endorsed candidates and volunteer opportunities
- As always, admission is FREE
Download the event flyer and a map to the site, andl share them with your members, friends and families.
Please contact the MLKCLC office at office@mlkclc.org or 206-441-8510 for information on setting up displays or advertising.
Hoffa: Best Civil Rights Program Is Teamster Contract
General President Jim Hoffa was awarded a lifetime honorary membership to the Teamsters National Black Caucus today, during the 35th annual TNBC Conference held in Washington, D.C.
A true believer that civil rights and labor rights go hand in hand, Hoffa has followed in his father’s footsteps to promote diversity and recognize the actions of African-Americans within the Teamsters Union.
The Teamsters Union has championed civil rights since its founding in 1903, securing the first color-blind, gender-blind contract for workers in 1917, financially and politically supporting Dr. Martin Luther King Jr. during the civil rights movement and being the first major labor union to endorse Barack Obama for president, among other things.
“Workers in this country, regardless of race, gender, religion or heritage, want to be treated with dignity and respect,” Hoffa said. “The best civil rights program out there is a Teamster contract. A Teamster contract is the great equalizer in this country.”
In order to bring Teamster contracts to workers, Hoffa explained that organizing is key. Through organizing, workers of all backgrounds will gain power and they will gain a voice.
But a voice in the workplace isn’t the only place America’s working class needs to be heard. Hoffa encouraged workers to be politically active and elect pro-union candidates—especially during this election year—so the American middle class can have a voice in Washington.
500 Coca-Cola workers in Wash. on strike
(Seattle, WA) – Approximately 500 Coke employees from 6 Teamster Locals across Western Washington went on strike at 5 P.M. this afternoon in response to the Company’s surveillance and intimidation of its employees and its refusal to bargain a contract in good faith.
The National Labor Relations Board (NLRB) is investigating the company for serious and repeated violations of federal labor law, including “surface bargaining”, surveillance of its employees, and threatening to retaliate against workers for engaging in protected activities.
“The last thing we wanted is a strike, but Coke has left us no alternative,” said Tracey A. Thompson, Secretary-Treasurer of Local 117 and lead negotiator for the Union. “The Company’s refusal to bargain a contract has resulted in hardship for 500 Coke employees and their families and the disruption of its own operations.”
“The Union will not tolerate Coke engaging in surveillance of its employees, including taking photographs of employees who have engaged in activities that are protected under federal labor law,” Thompson added.
Negotiations between Coke and a coalition of six Teamsters Local Unions called Washington Teamsters United have been underway since April, but the company refused to bargain with the Union for over 10 weeks, and then began an aggressive campaign of unfair labor practices.
Key issues in bargaining include the Company’s desire to eliminate health care for Coke retirees and to raise the share of the cost employees pay on their health care premiums by 800%.
In 2009, the Coca-Cola Company’s revenues were over $30 billion. The Coca-Cola Co. employs 92,800 worldwide. CCE’s revenues were over $21 billion. CCE employs 70,000 worldwide. Washington Teamsters United, which includes Teamsters Local Unions 38, 117, 174, 252, 313, and 589, represents approximately 500 Coke employees at six Western Washington area locations, in Bellevue, Marysville, Fife, Tacoma, Aberdeen and Bremerton.
Read source story here: http://teamsters117.org/index.cfm?zone=view_article.cfm&HomeID=172841
Check out KOMO coverage here.
Teamsters Inform Seahawks Fans about Coke's Plans to SLASH Jobs, Health Care
August 21, 2010
Employees Raise Awareness about Coke’s Plans to Cut Jobs, Increase Health Care Costs by 800%
(Seattle, WA) – Coke employees from six Teamsters Locals across Western Washington spent their day off on Saturday, August 21, informing Seahawks fans of Coke’s irresponsible business practices, which are resulting in the elimination of good, local jobs and the decimation of health care protections for employees and Coke retirees. Coca-Cola is the “official soft drink partner” of the Seahawks and Qwest field. View all photos from this event.
“My wife has had MS for years and recently had a stroke. When I took early retirement, it was to take care of her. I’m on a fixed income, and taking away my medical will have a devastating impact on me and my family,” said Gerald Anderson, a 30-year retiree, who worked as a forklift driver at the Coke facility in Bellevue.
Coca-Cola Enterprises (CCE), the world’s largest marketer, producer, and distributor of Coke products, announced plans in July 2010 to shut down three facilities in economically-distressed communities like Grays Harbor and Whatcom Counties. Coke is also proposing the elimination of health care coverage for Coke retirees and wants its current employees to pay an 800% increase in their share of the cost of their health care premiums. Coca-Cola recently won back the concessions contract at the Qwest field.
In a letter from the NFL Players Association (NFLPA) to the CEOs of Coca-Cola and Coca-Cola Enterprises, Executive Director of the NFLPA, DeMaurice F. Smith, expressed his organization’s strong support of Coke employees and urged the company to negotiate a “just and equitable” contract that “maintains Coke’s promise to retirees.”
Negotiations between Coke and a coalition of six Teamsters Local Unions called Washington Teamsters United have been underway since April, but the company refused to bargain with the Union for over 10 weeks, and then began an aggressive campaign of unfair labor practices. As a result of the company’s inflexibility and refusal to bargain in good faith, negotiations have stalled over the health care issue.
In 2009, the Coca-Cola Co.’s revenues were over $30 billion. The Coca-Cola Co. employs 92,800 worldwide. CCE’s revenues were over $21 billion. CCE employs 70,000 worldwide.
Washington Teamsters United, which includes Teamsters Local Unions 38, 117, 174, 252, 313, and 589, represents approximately 500 Coke employees at four Western Washington area locations.
Not-So-Good Vibrations on New Ferry Eliminated
- By Kitsap Sun staff
- Submitted to us by Ken Hovater
- Posted August 23, 2010
SEATTLE — Changes to propulsion-control software have eliminated unwanted vibrations on the new, 64-car Chetzemoka ferry, Washington State Ferries announced Thursday.
A new date for the Chetzemoka’s inaugural sailing between Port Townsend and Keystone has not been set. Crews must first complete at least six weeks of training on the boat.
“In working with Todd Shipyards, we fine-tuned and refined the operating system to ensure that the propulsion components work together for optimal performance,” WSF Director David Moseley said. “We have a boat that we’re confident meets our operating requirements, can stop in the required distances and will provide safe and reliableservice.” ... Read more on this story here >>
August 17, 2010 Primary Results
(Top two advance. WSLC-endorsed candidates in bold. Read the complete latest results here.)
U.S. SENATE |
STATE SENATE -- 38th LD |
STATE HOUSE (1) -- 22nd |
U.S. HOUSE -- CD 2 |
STATE SENATE -- 44th |
STATE HOUSE (2) -- 28th |
U.S. HOUSE -- CD 3 |
STATE HOUSE (1) -- 1st |
STATE HOUSE (1) -- 48th |
| [No content in this cell] | STATE HOUSE (2) -- 1st Heidi Munson (R) 48.22% Luis Moscoso (D) 26.17% Dave Griffin (D) 25.60% |
STATE HOUSE (2) -- 48th Pat Sullivan (D) 55.46% Rodrigo Yanez (R) 44.54% |
U.S. HOUSE -- CD 8 |
STATE HOUSE (2) -- 2nd |
|
| Teamsters early political endorsements - 2010 | |
| Teamsters Local Union No. 174 - Early Political Endorsements |
|
State House Races District 28 - Tami Green |
King County Council District 4 - Larry Phillips |
Teamsters Joint Council No. 28 – Early Political Endorsements |
|
| State Senate Races 29-Steve Conway 32-Maralyn Chase 41-Randy Gordon 46-Ken Jacobsen 33-Karen Keiser 37-Adam Kline 36-Jeanne Kohl-Welles 34-Sharon Nelson
King County |
State House Races 23-Sherry Appleton 43-Frank Chopp 34-Eileen Cody 44-Hans Dunshee 11-Zack Hudgins 22-Sam Hunt 31-Christopher Hurst 49-Jim Jacks 21-Marko Liias 38-John McCoy 30-Mark Miloscia 49-Jim Moeller 3-Timm Ormsby 21-Mary Helen Roberts 38-Mike Sells 47-Geoff Simpson 47-Pat Sullivan 33-Dave Upthegrove 46-Scott White |
Hoffa: Mexico Must Live Up To Its End Of The Deal
Teamsters Urge Federal Government To Challenge Mexico's Retaliatory Tariffs
August 17, 2010
(WASHINGTON) -- Teamsters General President Jim Hoffa today urged the federal government to challenge Mexico’s decision to subject more U.S. imports to tariffs because of the ban on allowing unsafe Mexican trucks to cross the border.
IBT President James P. Hoffa
Restarting the unsafe cross-border trucking pilot program would cost an estimated $500 million, according to published reports. In March 2009, Congress cut the funds for a pilot program that opened the border to Mexican trucks. President Obama immediately shut the program down and Mexico retaliated then with tariffs on $2.4 billion worth of goods.
“At a time of deepening budget deficits and a weak economy, it would be foolish to subject U.S. taxpayers to such an expensive and very unsafe program,” Hoffa said. “Instead of slapping additional tariffs on U.S. goods, Mexico should be living up to its end of the bargain by making sure its drivers and trucks are safe enough to use our highways.”
Mexico’s Economy Minister Bruno Ferrari told reporters today that Mexico plans to charge tariffs on a rotating list of 99 U.S. products worth about $2.5 billion.
Hoffa has repeatedly said that the ultimate solution to the Mexican trucks dispute is not to open the border but to renegotiate the North American Free Trade Act Agreement (NAFTA).
Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hard-working men and women in the United States, Canada and Puerto Rico.
New State Ferry Five Weeks Late and Counting, and the Costs Are Mounting
Story provided by Ken Hovater | Source: The Kitsap Sun
SEATTLE — The new state ferry Chetzemoka is more than five weeks late, but instead of being penalized, Todd Shipyard is profiting because it’s not the builder’s fault.
Todd, according to the contract, was given 540 days to construct the 64-car ferry for the Port Townsend-Keystone route, said Washington State Ferries spokeswoman Marta Coursey. That time elapsed on June 29. Early in the 18-month contract, however, Todd told WSF that it was three months behind schedule because of errors in drawings provided by the state and design changes required by the Coast Guard, said Ron Wohlfrom, vessel project engineer for WSF. The state authorized overtime to help the shipyard catch up. Todd made up two months by working nights and weekends, said Wohlfrom, who didn’t have at his fingertips Friday the amount the unplanned hours added to its $65.5 million contract.
For the other month, Todd requested and was granted an extension to July 29. Otherwise, the state could have penalized the company $5,000 for each day it missed the deadline, up to a maximum of $300,000, Coursey said.
On July 30, excessive vibrations were discovered in the Chetzemoka’s engine drive line. The ferry can’t be delivered until the issue is resolved and repaired. Then Todd and WSF will need to determine which is responsible for the problem. If it’s Todd’s fault, the shipyard would be penalized $5,000 per day from July 29 to the date it delivers the ferry. If WSF is responsible, it would have to pay Todd for the extra work. Or they might split the difference, Wohlfrom said. Somebody also might have to pay to extend the lease from Pierce County for the Steilacoom II.
Mike Esher of Pierce County said the charter calls for WSF to return the Steilacoom II at the end of August, with provisions for two 30-day extensions. When it’s returned, the ferry will go straight into dry dock where the state must return it to the condition it was in when leased in February 2008 and pay for its biannual Coast Guard certification.
Last week, WSF indefinitely postponed the Chetzemoka’s Aug. 29 inaugural sailing because of the excessive vibrations.
“There’s still an urgency to get it out, but an urgency to get it out right,” Wohlfrom said. “We are trying to resolve the issue as quickly as we can and get the boat into our crew’s hands for training.”
To make up some more time, Todd and WSF agreed to an integrated delivery schedule that allows Todd to complete the final outfitting while WSF conducts crew training and familiarization.
Tim Caldwell, chairman of the Port Townsend Ferry Advisory Committee, said the town isn’t freaking out about the Chetzemoka’s delay. This is why sea trials are conducted.
“The system we have now is working well enough,” Caldwell said. “This delay, provided its only a few weeks, I don’t see as a big issue.
“As far as this community is concerned, we understand and appreciate the efforts of state ferries and Todd to get the boat running. We’re happy with the Steilacoom II until then. We know the state has gone through a lot for a route of this size to build new boats that will fit into Keystone (harbor). That’s not a small public contribution, and we appreciate that.”
Todd also won the bid on Oct. 16 to build the second and third 64-car ferries for $114.1 million, or about $57 million apiece. The second one will also serve Port Townsend during the busy half of the year. The third will be assigned to the Point Defiance-Tahlequah route.
Excessive Vibrations Discovered
in Driveline of State's Newest Ferry
Story provided by Ken Hovater | Source: The Kitsap Sun
SEATTLE — The Washington state Department of Transportation says they
have discovered excessive vibrations in the driveline of the state’s
newest ferry during sea trials.
The department says that engineers will work with Todd Pacific Shipyards to pinpoint the cause of the vibrations of the ferry Chetzemoka.
Chetzemoka, a 64-vehicle vessel, is scheduled to serve the Whidbey Island-Port Townsend route sometime this year.
The new ferry passed other tests during sea trail, including steering, propulsion systems and navigation equipment.
July Update on the Oak Harbor Freight NLRB Trial
DATE: JULY 27, 2010
TO: ALL MEMBERS SIGNATORY TO THE OAK HARBOR FREIGHT LINES LABOR
AGREEMENT
LOCALS 81,174,231,252,324,483,589,690,760,763,839 & 962
and Joint Councils 28 & 37
FROM: JOHN A. WILLIAMS, PRESIDENT
JOINT
COUNCIL OF TEAMSTERS NO. 28
RE: UNITED STATES GOVERNMENT'S PROSECUTION OF OAK HARBOR FOR MULTIPLE VIOLATIONS OF FEDERAL LABOR LAW
Dear Brothers and Sisters:
As you will remember, following a full investigation, the Seattle Office
of the National Labor Relations Board concluded that Oak Harbor had
engaged In mUltiple violations of federal labor law around the time
the strike began in September, 2008 and again in February and March,
2009, when the strike ended. The NLRB filed a lengthy complaint against
Oak Harbor and proceeded to trial on July 6, 2010, The trial ran
nine days, concluding on Friday, July 16, 2010.
Click on image to download memo
As a result of a number of settlements, the main issue left to be decided by the Administrative Law Judge was whether the company broke the law when It unilaterally ceased pension and retiree health and welfare coverage (placing contributions in an escrow account), and changed current employee health and welfare coverage when the strike ended.
The Union's trial attorneys report that the trial could hardly have gone better on this issue. As you probably know, company attorney John Payne had repeatedly claimed that he and Bob Braun had an agreement with the Union to give "returning strikers' company health and welfare and to place their pension and retiree contributions Into an escrow account at a bank. Yet, once placed under oath, attorney Payne admitted that this was a "misstatement:' He admitted that (as Union leaders AI Hobart and Buck Holliday had testified) any such alleged agreement was expressly limited to people who crossed the picket line during the strike. and had nothing to do with 'returning strikers' when the strike ended, As the Government’s lawyer established that attorney Payne had repeatedly reiterated this misstatement in his communications with the NLRB, some of the starch appeared to go out of him, His two young associate lawyers, both of whom sat beside Payne through virtually the entire trial, were powerless to rescue him.
Equally heartening, in discussions that were partly off the record, the Administrative Law Judge appeared to reject the company's main defense, He indicated that the company could not contend that it did not have an obligation under federal law to continue to honor the benefits provisions of the expired collective bargaining agreement when the strike ended.
Finally, the Union's trial attorneys report that the company largely failed to articulate a defense to the Government's charges. The Judge, the Government's attorneys, and the Union's attorneys repeatedly challenged the company's attorneys to state their defenses and to confirm or deny particular defenses. For the most part, the company maintained an awkward silence or did not respond directly and clearly, saying that It would deal with all issues in Its post-hearing briefing.
While the Union Is optimistic, it cannot, of course, guarantee victory. At present, it appears that the company's defense is based entirely upon technicalities, and we do not know whether the Judge will be impressed by them.
Post-hearing briefs will be submitted by all parties on September 30, 2010. A decision is expected several months after that.
The Union Is also extremely pleased with its settlements of several other Government charges against the company. We are elated to welcome back 174 member Travis Tuttle, who was Illegally fired after the strike. Travis has been reinstated with partial backpay. Numerous Auburn and Portland drivers whose reinstatements were illegally delayed received supplemental wage payments totaling tens of thousands of dollars. Two Auburn Local 763 members also received payments for a delayed offer of reinstatement and an Improper layoff, Portland member Mike Neubauer, who was illegally fired after the strike, decided to take a healthy buyout and move on to other endeavors. We wish him all the best.
The Union remains committed to a negotiated solution and Invites the company to forward a response to the Union's comprehensive offer of April 15, 2010.
New Obama Video: President Explains Health Insurance Web Site
The Obama administration is known for its use of the Internet and social
media to communicate with the American public. It's not surprising, then,
that President Obama himself starred in an online video explaining an
issue that's confusing to many people: the new health care reform bill.
In the video, released July 28, Obama shows people how to use a new web
site, healthcare.gov,
created to help the public understand provisions of the Affordable Health Care
Act. With the public remaining divided on the new law, the White House hopes
the new web site can educate people about its provisions. View the video by clicking
on the graphic.
New Ferry Begins Tests on Puget Sound
EVERETT — Washington's newest ferry left the Everett shipyard
where it was outfitted and started its engines Tuesday on Puget
Sound for the first time.
Tom Perrine of Todd Shipyards in Seattle where it was built told The Daily Herald of Everett it's a big moment to see the vessel under its own power.
After testing, the Washington state ferry system plans to put the 64-car ferry into service at the end of August on the run between Whidbey Island and Port Townsend.
The $77 million ferry Chetzemoka (chet-za-moh-kah) is named after a Jamestown S'Klallam tribal chief known as a peacemaker and friend to early settlers.
It replaces one of the 80-year-old ferries that were taken out of service in 2007 because of corrosion.
FedEx Ground Agrees to Pay More than $3 Million to Settle Misclassification
Suit
Attorney General Martha Coakley’s Office has entered into a multimillion
dollar agreement with Pittsburgh-based FedEx Ground to settle claims the company
misclassified its drivers as independent contractors. Pursuant to the settlement, FedEx Ground
agreed to pay more than $3 million back to the Commonwealth’s general fund. The Attorney
General’s Office alleged that FedEx Ground’s failure to properly classify drivers had led the
Company to make lesser payments to the Commonwealth for payroll taxes, worker’s
compensation and unemployment assistance.
“We have made enforcement against employer misclassification a priority because
employers who misclassify workers are gaining an unfair advantage over their
competitors and unfairly depriving the Commonwealth of tax and other revenues," AG Coakley said. "With
today’s agreement, we have recovered $3 million owed to taxpayers and taken a
step to level the playing field for businesses. I want to thank Governor Patrick
and his Executive Office of Labor and Workforce Development and the Department
of Revenue for assisting in the investigation and resolution of this matter."
In 2007, the Attorney General’s Office cited FedEx Ground for violation of the
Independent Contractor Law, by misclassifying its drivers, failing to provide a proper paystub,
failing to provide workers’ compensation, not paying overtime to certain drivers, and neglecting
to deduct and withhold state income taxes. FedEx Ground appealed the matter to the Division of
Administrative Law Appeals (DALA). The Attorney General’s Office citations against Fed Ex
Ground included penalties of more than $190,000.
While FedEx Ground’s appeal was pending before DALA, the Attorney General’s Office
coordinated further investigation with the Executive Office of Labor and Workforce
Development and the Department of Revenue into FedEx Ground’s business practices. The joint
investigation revealed that FedEx Ground’s misclassification of employees had resulted in
significant underpayments to the Department of Revenue, Division of Industrial Accidents and Department of Unemployment Assistance.
The settlement amount includes these significant underpayments. The settlement also
provides for a payment for the 13 drivers named in the Attorney General’s citation. FedEx
Ground drivers in Massachusetts have brought their own lawsuit against FedEx Ground that
remains pending and is not affected by this settlement. FedEx Ground denies liability in the
settlement.
The Massachusetts Independent Contractor Law provides that an individual performing
any service shall be considered to be an employee unless: (1) the individual is free from control
and direction in connection with the performance of the service, both under his or her contract
for the performance of service and in fact; and (2) the service is performed outside the usual
course of the business of the employer; and, (3) the individual is customarily engaged in an
independently established trade, occupation, profession or business of the same nature as that
involved in the service performed.
Download the pdf version of this story here.
Help former CF workers claim their money
Approximately 850 former Teamster employees of Consolidated Freightways (CF) have un-cashed or undeliverable payments due to them stemming from the 2002 CF bankruptcy, and time is running out for them to collect their money.
The vast majority of the 14,000 affected Teamster CF employees have received money from the 2002 bankruptcy, but the union has been unable to locate approximately 850 former employees who are entitled to payment. As freight Teamsters, many of you may know former CF Teamsters. Below is a link to a list of ex-CF Teamsters who are owed money.
If you know ex-employees on this list, please contact them and let them know that they may be entitled to a payment, but they must act now to claim their money. Any employee who is listed must respond on or before July 30, 2010, or they will lose their money.
If you know any of the listed former CF Teamsters on the attached pdf, please urge them to visit www.cfwy.com. Any employee on the list must call (414) 223-0408 to claim their money, and must do so on or before July 30, 2010. More information is available at www.cfwy.com.
The list contains names of ex-CF workers and their local union numbers. Not all local unions are available.
See list here.
July Freight News Update
July 12, 2010: In the Freight Department, recalls from layoff seem to be going
well, since our last report. Most of the company’s within the Freight Department
seem to be recalling, at a minimum, drivers and in some cases even dock workers.
This is a good sign that our industry is on the up-swing and we can only hope
that the sacrifices our members have taken will pay off for them in the long
run.
At Peninsula Truck Lines 40 year Teamster Dave Pursche has finally decided that it is time for him to retire. Dave is one of those types that is a do everything kind of guy. He has seen a lot in his time and his respect and wealth of knowledge will surely be missed. I personally give my heart felt best wishes to Dave and his family.
On another note with Peninsula, we are getting dates together to sit down with the company and discuss how they have done over the last year and see if we can re-coup some of the concessions our members gave back to the company last year.
Up the street at Reddaway, there hasn’t been alot of news worthy activity other than as of this date we still have not met with the company regarding contract negotiations. If you remember, the members voted down the company’s last proposal in March and the company has still yet to respond.
The NLRB trial began with Oak Harbor on July 6, 2010. As of today we have settled many issues with Oak Harbor stemming from the Unfair Labor Practice Strike which went from September of 2008 to February of 2009. While those settlements have been positive the big issues surrounding Health & Welfare, Pension and Retirees Health and Welfare are still out there. This case is now in the hands of an ALJ (Administrative Law Judge) and when he will rule on the matter is anyone’s guess. The trial is scheduled to go through July 16, 2010.
Voluntary Recognition for Waste Management
Seattle Container Delivery Drivers
The
container delivery drivers at Waste Management Seattle signed authorization
cards last fall. Since then, the Local has had numerous conversations with
Waste about voluntary recognition. We could have filed for an NLRB election,
but that would result in the CD drivers being in a separate bargaining unit.
It was our goal to get voluntary recognition and bring them under the terms
of the sanitation agreement covering the Seattle facility and not have them
covered by a separate contract.
On June 23, we finally got the signature on the dotted line. We sent Waste the agreement we reached last fall with CleanScapes covering that same job classification and have set negotiation dates for the week of July 12. Waste has agreed to fold them into the Seattle contract but we have to bargain over their terms and conditions of employment, as well as negotiate a wage rate. Two of the employees have a unique skill—they operate and maintain the boiler and autoclave. The autoclave basically nukes waste to eliminate germs. They have special licensing and we need to recognize that when we negotiate wages for this group.
Congratulations to the Waste Seattle CD drivers and welcome to Local 174!
James R. Hoffa Memorial Scholarship Fund
2010 Essay Contest
James R. Hoffa became a Teamster member in 1934, served as General President
for 14 years, and, in recognition of his
tireless service to the Union and its members, was honored as General President
Emeritus for life. At the November 1999
General Executive Board meeting, General Secretary-Treasurer C. Thomas Keegel
presented a resolution to establish a new
scholarship fund in recognition of Hoffa's outstanding contributions to the
Union.
The James R. Hoffa Memorial Scholarship Fund Essay Contest will award $1,000.00
scholarships annually to 50 students.
All applicants must comply with the following eligibility criteria.
- Be the son, daughter or grandchild of an eligible Teamster member;
- Be enrolled full-time in an undergraduate college, university or community college program, or a technical or vocational program;
- Be 23 years old or younger by September 30, 20I0.
The applicant's Teamster parent/grandparent must be able to demonstrate that:
- He/she was a member in good standing for
(i) 12 consecutive months prior to the application deadline; or
(ii) 12 consecutive months preceding the member's retirement/disability/death; or
(iii) 12 consecutive months prior to the member's layoff (layoff date must be no earlier than three years prior to the application deadline); or
(iv) a period of less than 12 consecutive months prior to the application deadline, together with 12 consecutive months of good standing during some other period; and - He/she was not a full-time elected officer during the relevant period of good standing listed above.
APPLICATION PROCEDURE:
- Applicant and Teamster parent 01' grandparent must complete questions 1-12.
- Applicant must attach, on a separate sheet, a type-written essay of 500
words or less. (Essays will not be returned.)
- Applicant must forward the completed application and essay to the James
R. Hoffa Memorial Scholarship Fund
office by September 30, 20ID. We cannot allow any extensions to this deadline.
2010 ESSAY TOPIC:
Describe a brief history of your Teamster parents I or grandparents I involvement in their Local Union.
How has it affected your family and why is it important to you?
Upon completion please forward your application and essay to:
James R. Hoffa Memorial Scholarship Fund
2010 Essay Contest
25 Louisiana Avenue, N.W.
Washington, D.C. 20001
Only completed applications wilt be considered. Essays will be reviewed by a panel of independent labor educators and the winners will be selected based on the quality and content of the applicant's response. The Selection Committee will consider all applications without regard to race, religion, gender, disability, or any other legally protected status. If requested, winners should be prepared to submit their essay electronically.
Teamsters National Black Caucus 35th Annual
Educational Conference & Banquet
(Building Relationships and Establishing Resources)
WHEN: August 24, 2010 – August 29, 2010
WHERE: Hyatt Regency Washington
400 New Jersey Ave. N.W.
Washington, D.C.
If you are interested and would like to attend, please send an e-mail to Local 174 Trustee Abe Taylor explaining why you are interested. Please note that time loss will not be paid by Local 174; your vacation must be used and you will need to attend the September 2010 General Membership Meeting to report back to the members in attendance.
Local 174 will provide transportation, room and board.
Please RSVP by e-mail to Abe Taylor no later than July 23, 2010.