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The IBT Viewpoint: 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 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 IBT Says: 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. “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.”
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
Local 174 Analysis: 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 NLRB V. WEINGARTEN, INC. 420 U.S. 251 (1975): HERE IS THE STORY: 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 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:
THE INVESTIGATORY INTERVIEW:
EDUCATING MEMBERS “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 “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 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:
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! “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.”
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. (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. TRAINING COMING UP SISTERS IN THE BUILDING TRADES HOSTING FREE TRAINING FOR ALL TRADES NOVEMBER 21-22 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: By BILL McCARTHY, Communications Specialist 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.
Important Holiday:
(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 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 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 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 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.”
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. 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 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 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
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.
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