Local #174 Teamster News Archives
January 2012

Port of Longview signs off on ILWU and EGT settlement
Posted: January 30, 2012
Source: The Daily News
Port of Longview commissioners Friday signed off on a settlement with EGT Development and union dock workers. The pact provides a framework for longshoremen to work inside the $200 million grain terminal and end one of the area's longest, angriest labor disputes in decades.

EGT and the International Longshore and Warehouse Union still have not signed a labor contract, but both sides agreed on the settlement before submitting it to port commissioners, according to port attorney Frank Randolph. Rank-and-file ILWU members approved the agreement Tuesday, according to the union.

The agreement, announced by Gov. Chris Gregoire Monday, effectively settles a federal lawsuit between EGT and the port over labor requirements at the terminal and halts past claims from the dispute.

The highlights
• EGT recognizes that workers from ILWU's Longview-based Local 21 are the most qualified employees to run the terminal, and all workers must be dispatched from the Local 21 hall. Those workers must then vote on whether they wish to be represented by the ILWU. The provision is a way to avoid violating federal labor law, which prohibits companies from designating a union before it even hires a work force. • All workers must have at least one year of grain-handling experience, come from a pool of employees pre-authorized by EGT and be available when ships and trains are called. EGT won't be mandated to keep workers on the job even if there is no grain to move.

Both sides must drop all unfair labor practice claims and other litigation. The ILWU would still be responsible for damages incurred during last summer's protests, which a federal judge determined was more than $300,000. The union has appealed the amount.

• The Port of Longview amended its lease agreement with EGT so the company is not bound to hire members from any union to work in the terminal. Union negotiators agreed to this stipulation so they can move forward with collective bargaining, according to Randolph.

• The ILWU must request all outside groups, including other labor unions and the Occupy movement, to refrain from picketing at EGT. The Occupy movement and Cowlitz Wahkiakum Central Labor Council had called for mass pickets of the first incoming ship to load grain at the EGT terminal, which is expected within the next few weeks. The union is allowed to resume its picket if collective bargaining talks break down.
Read the complete source story here.

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Revised Hours of Service Final Rules
Posted: January 30, 2012
Source: IBT, Safety and Health Department
Please be advised that the Federal Motor Carrier Safety Administration (FMCSA) released a revised Hours of Service Final Rule that will go into effect on February 27th, 2012. Provided to the right is a pdf document download link with a brief summary of the new regulatory requirements and the dates in which drivers and motor carriers must comply with the certain provisions of the revised rule. Note that the compliance date for certain provisions of the rule is provided. In addition, a fact sheet accompanies this memorandum, to provide you with additional information.

The new rule contains the following revisions:

34 Hour Restart Provision
Effective July 1st, 2013, the revised 34-hour restart provision will limit the use of restart to once every 7 days (168 hours) and require that each 34-hour rest period include two off-duty periods between 1 AM and 5 AM.

Mandatory Break Rest Break Provision
Effective July 1st, 2013, the new rule will prohibit drivers from operating a commercial motor vehicle if more than 8 hours have passed since the driver's last off-duty period of at least 30 minutes. Essentially this means that drivers are required to take a break of at least 30-minues within the first 8 hours of having reported for duty. If the driver does not take as described above, he/she will not be permitted to drive a commercial motor vehicle until such break is taken.

On-Duty Time
The new rule establishes a revision to the definition of On-Duty Time. According to the new definition, "On-Duty Time" WILL NOT include time:

• Spent resting in or on a parked vehicle
• Time spent resting in a sleeper berth, or
• Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth.

Hopefully this information is helpful to you. If you have any questions, please contact the Safety and Health Department at (202) 624-6960.

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National Labor Relations Board
Posted: January 30, 2012
Source: IBT Legislative Update
On November 30, the House considered H.R. 3094, the "Workforce Democracy and Fairness Act," an attempt at overriding a new proposed rule on union elections by the National Labor Relations Board (NLRB). The bill would mandate a delay in union elections by requiring that workers wait at least 35 days after petitions have been filed to hold a vote, but there is no limit on how long an election may be delayed. During this time, employers will continue to use all the anti-union tactics that have been used for years to coerce workers not to form a union. H.R. 3094 would also give employers more power to gerrymander the eligibility of voters in union elections. While the bill easily passed in the House by a vote of 235-188, it will fortunately go nowhere in the Democrat-controlled Senate.

On December 21, the NLRB adopted the final rule on union election procedures, the same rule that House Republicans were attempting to override with H.R. 3094. The rule would make elections fair by allowing them to go to the ballot sooner after workers request a vote. The rule was decided by a 2-1 vote of the board. It was published in the Federal Register on December 22 and will go into effect on April 30, 2012. The U.S. Chamber of Commerce has filed a lawsuit against the new rule.

Despite GOP Senators' request that President Obama not make any recess appointments to the NLRB, on January 4, the President made three recess appointments to fill out all of the Board's five slots. The two Democratic appointees are Sharon Block, Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor, and Richard Griffin, General Counsel for the International Union of Operating Engineers (IUOE). Terence Flynn, Chief of Staff to NLRB Board Member Brian Hayes, fills a Republican slot. Former recess appointee Craig Becker's term has expired. Dennis Pearce and Brian Hayes remain on the Board.

Representative Jeff Landry (R-LA) has introduced legislation to limit the authority of the NLRB, as well as the Consumer Financial Protection Bureau (CFPB), as long as they are headed by recess appointees.

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Mexican trucks cross-border pilot program
Posted: January 30, 2012
Source: IBT Legislative Update
The Federal Motor Carrier Safety Administration (FMCSA) conducted a preauthority safety audit (PASA) on another Mexican carrier, Moises Alvarez Perez (Distribuidora Marina EI Pescador) seeking operating authority within the U.S. A notice for public comment was published in the Federal Register on November 29, and a 10- day public comment period began.

On December 9, the IBT submitted comments requesting that a revised PASA for the carrier be issued that contains more comprehensive data and allows for more than 10 days to respond, which is less than the normal 30-day public comment period. The IBT's comments also called into question the insurance records and vehicle requirements of the carrier, as well as the overall legitimacy of a carrier that lists its U.S. place of business as a home in an upscale neighborhood of Chula Vista, California, and its Mexican place of business as a lot with the motor carrier's tires stored in the yard. The FMCSA responded to the comments on December 22, stating that the 10-day response period was adequate and summarily dismissed the issue of the business locations of the Mexican carriers. Moises Alvarez is now the second carrier to participate in the pilot program with one truck and one driver.

Up to this point, only one Mexican carrier with one truck, Transportes Olympic, had received full operating authority, despite objections raised by the I BT and our allies regarding its safety record. A third carrier, Grupo Behr, was denied a permit for operating authority because of safety issues that the IBT and our allies raised. Grupo Behr was subsequently cited for violating its operating authority by leasing its trucks and drivers to a U.S. carrier.

On the legal front, the IBT, Sierra Club, and Public Citizen lawsuit challenging the current pilot program has been moved to the U.S. Court of Appeals for the D.C. Circuit. The suit claims the FMCSA breaks the following laws:

• It waives a law that trucks must display certain proof that they meet federal vehicle safety standards.
• It breaks the law requiring the pilot program to achieve an equivalent level of safety because Mexican drivers don't have to meet the same physical requirements as U.S. drivers.
• It breaks the law that Mexico must provide simultaneous and comparable access to U.S. trucks. Mexico cannot do so because of the limited availability of ultra-low sulfur diesel fuel in Mexico.
• It breaks the law that the pilot program must include enough participants to be statistically valid. The FMCSA's proposal ensures that only the best Mexican trucks participate, which would allow it to justify letting any Mexican truck cross over the border in the future.
• It doesn't comply with the procedural requirements of the National Environmental Policy Act. Briefs for the lawsuit were due and submitted on December 21.

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FAA Reauthorization
Posted: January 30, 2012
Source: IBT Legislative Update
On January 20, House and Senate Leadership announced that an agreement had been reached on the union election dispute that has kept a multi-year Federal Aviation Administration (FAA) Reauthorization bill from passing Congress. Last year's House version of a Reauthorization bill had included a provision to repeal the National Mediation Board's (NMB) rule change for union representation elections in the rail and airline industries. The new rule allows a union to be certified as a bargaining representative if a majority of workers who vote in the election approve the union, instead of needing a majority of all eligible voters. Before the rule change, a worker who did not vote in the election was automatically counted as a "no" vote.

As part of the recently-reached agreement, this rule will be left intact, but the threshold level for calling a vote will be raised. As it stands now, 35% of all eligible workers must petition in order for a vote to be held; that threshold would be raised to 50% of all eligible workers. In addition, public hearings would be required for all "substantive" rulemaking by the NMB, and the Government Accountability Office (GAO) would be required to audit the NMB every two years for "efficiency and effectiveness," including the union certification process. A new GAO report would also be issued that examines this certification process and makes any recommendations for change to Congress.

While an agreement has been reached on this issue, there are a few other issues, such as the number of long-distance flights at Ronald Reagan Washington National Airport, that must still be worked out between the House and Senate. The current extension of funding for FAA programs expires at the end of this month. On January 24, the House passed another short-term extension through Feb. 17th , and on January 26, the Senate passed the same extension by unanimous consent, allowing more time for consideration of the Reauthorization bill.

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Restricting the Use of Cellular Phones
Posted: January 30, 2012
Source: IBT Legislative Update
On November 23Td , 2011 the Federal Motor Carrier Safety Administration (FMCSA) and Pipeline Hazardous Materials Safety Administration (PHMSA) issued a final rule amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMRs). This nile was issued to improve safety by reducing the frequency of distracted driving related crashes, fatalities, and injuries involving drivers of commercial motor vehicles (CMVs). The Agencies also amended their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with the Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use mobile, hand-held telephones while operating CMVs. The Final Rule becomes effective January 3rd, 2012.

OVERVIEW OF NEW REGULATION
This rulemaking restricts a CMV driver from holding a mobile telephone to conduct a voice communication, dialing a mobile telephone by pressing more than a single button, or reaching for a mobile phone in an unacceptable and unsafe manner (e.g. reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth). A driver of a CMV who desires to use a mobile phone while driving will need to use a compliant mobile telephone (such as hands-free) located in close proximity to the driver that can be operated in compliance with this rule. Thus, the ease of "reach" or accessibility of the phone is relevant only when a driver chooses to have access to a mobile telephone while driving. Essentially, the CMV driver must be ready to conduct a voice communication on a compliant mobile telephone, before driving the vehicle.

The new rule adds a driver disqualification provision for: (1) interstate CMV drivers convicted of using a hand-held mobile telephone, and (2) CDL holders convicted of two or more serious traffic violations of State or local laws or ordinances on motor vehicle traffic control, including using a hand-held mobile telephone. The rule also requires interstate motor carriers to ensure compliance by their drivers with the restrictions on use of a hand-held mobile telephone while driving a CMV. Finally, the rule prohibits motor carriers and employers from requiring or allowing a CMV driver to use a hand-held mobile telephone while operating in interstate commerce.

APPLICABILITY
Amendments to §177.804; §39O.3; §392.82
The new rule will apply to operators of all CMV s as defined in 49 CFR Part 390 of the Federal Motor Carrier Safety Regulations., ie., a vehicle that "has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,000 pounds or more; is designed or used to transport more than 8 passengers (including the driver) for compensation; or is designed or used to transport more than 15 passengers(including the driver, and is not used to transport passengers for compensation; or is used in transporting material found by the Secretary of Transportation to be hazardous and is transported in a quantity that requires placarding.

DEFINITIONS
Amendments to §383.5; §390.3; §390.5; §392.82
FMCSA adds a new definition for the term "mobile telephone." The Agency adopts a definition of "mobile telephone" based on the FCC regulations. "Mobile telephone" could include, for example, a satellite telephone service or a broadband radio service. FCC classifies these services as "commercial mobile radio services," which are incorporated into the definition of mobile telephone. The FCC definition for mobile telephone does not include two-way or Citizens Band radio services.

FMCSA defines "use a hand-held mobile telephone" to clarity that certain uses of a hand-held mobile telephone are restricted, including holding, dialing, and reaching in a proscribed manner for the mobile telephone to conduct voice communication. That is, if a compliant mobile telephone is close to the driver and operable by the driver while restrained by properly installed and adjusted seat belts, then the driver would not be considered to be reaching. Reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth are not acceptable actions.

FMCSA modified the existing definition of "texting" in 49 CFR 390.5 to reflect the Agency's restriction on a driver's use of a hand-held mobile telephone in this rule. FMCSA eliminated the dialing exception, as it would now be considered texting. Under the provisions implemented in this rule, the driver can press a single button to initiate or terminate a call.

Driving, for the purpose of a disqualification, States must disqualify a CDL driver whenever that driver is convicted of a number of violations (see Disqualitifications Section) while operating in any State where such conduct is restricted or prohibited by a State or local law or ordinance on motor vehicle traffic control. This means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

The Agency modified the definition of "driving" removing the phrase ''with the motor running" and replacing it with "on the highway" to clarify the scope of the restriction. The modified definition now reflects the use of hybrid vehicles on the highways, which can be operated without the motor running.

DISQUALIFICATIONS
Amendments to §383.51, §391.15
The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.

FMCSA adds a new serious traffic violation that would result in a CDL driver being disqualified. This serious traffic violation is a conviction for violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting hand-held mobile telephone use while driving a CMV. The disqualifications are as follows:

• For a second conviction of any combination of offenses in this Table [Table 2 Section 383.51] in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL must be disqualified from operating a CMV for 60 days.
• For a third or subsequent conviction of any combination of offenses in this Table [Table 2 Section 383.51] in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL must be disqualified from operating a CMV for 120 days.

EXCEPTIONS
Amendment to §391.2
There is a limited exception to the hand-held mobile telephone restriction. This exception allows CMV drivers to use their hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services.

Please contact the FMCSA for more information.

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IN Teamsters not giving up RTW fight
Posted: January 29, 2012
Source: Teamster Nation
Though right-to-work-for-less passed the Indiana House last week, it still has to pass the Senate. So our brothers and sisters are still fighting. They're putting intense pressure on senators to vote against the heinous bill.

Here's Bob Warnock III, president of Local 364 in South Bend, in a letter to his members:

The fight to protect Hoosiers wages, health insurance and pensions is not over. We are not giving up.

Senator Joe Zakas is not representing working Hoosiers and continues to side with Daniels, Bosma, Long and big business. He has stated he will vote for “Right to Work for Less” and that he will not change his mind. He will not and is not going to support the citizens in his district and vote against “Right to Work for Less.

Please take the time Saturday, January 28 through February 1 to contact Senator Joe Zakas every day and ask him to change his mind and do what a clear majority of his constituents want - “VOTE AGAINST RIGHT TO WORK FOR LESS.”

Meanwhile, the laborers picketed a Superbowl pregame event yesterday to protest the right-to-work-for-less bill. More people are picketing Superbowl Village today.
Read the source story here.

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Trucking Industry, Teamsters Clash Over Owner-Operator Bill
Posted: January 27, 2012
Source: The Journal of Commerce
The harbor trucking industry is clashing with the Teamsters union over a bill before the Washington state legislature that would classify owner-operators as employees rather than as independent contractors.

The bill is similar to legislation introduced last year in California. That bill was placed in the “inactive file” last summer when it failed to progress, but since California legislation can continue on for two years, it could be resurrected at any time this year.

Generally, the drayage truck driver classification issue is part of the Teamsters’ strategy to organize drivers at ports across the country. Unions can not organize independent contractors, but if truck drivers are classified as employees of harbor trucking companies, the Teamsters could legally organize the drivers.

The Washington Trucking Association, which opposes classifying drayage truck drivers as employees, told a legislative committee Tuesday in Olympia, Wash., that the bill would violate federal preemption law.

[...] The Teamsters charge that misclassification of drivers as independent contractors denies the drivers normal financial protections such as overtime wages and unemployment benefits that they would receive as full-time employees. Also, misclassification results in lost tax revenue to the state that would normally be paid by employers.

Heather Weiner, the Teamsters political director in Washington State, said the legislation could move quickly due to the relatively short 60-day session of the legislature. If the bill is approved in the House of Representatives and the State Senate, it could go up for final approval in early March, she said.
Read the source story here.

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Teamsters Warn Hostess Not To Misuse Bankruptcy Process
Posted: January 26, 2012
Source: Teamster.org
The Teamsters Union on Thursday warned Hostess Brands Inc. not to misuse the bankruptcy process in an attempt to bully its way to unnecessary operations changes, saying a consensual resolution with sacrifices by all stakeholders is what is required.

The company filed motions on Wednesday to reject its collective bargaining agreements with its major unions: The International Brotherhood of Teamsters and the Bakery, Confectionary, Tobacco and Grain Millers Union (BCTGM).

While such filings are an extraordinary move by the company that has serious ramifications, there are no immediate changes to the collective bargaining agreements. The filing of the motions begins a formal negotiation and legal process. The negotiation phase is intended to bring the parties together to reach a consensual resolution. If that fails, a formal hearing is conducted in bankruptcy court where the judge ultimately decides whether or not to grant the motions.   

“We are prepared to negotiate in good faith to reach a consensual agreement, as I have said repeatedly,” said the Chairman of the Teamsters Bakery and Laundry Conference, Dennis Raymond, “But any agreement will be conditioned upon sacrifices by all stakeholders and an overall restructuring to make sure Hostess management doesn’t lead the company into this situation a third time.  And if Hostess management thinks it can bully its way to unnecessary changes, they are sadly mistaken.” 

“Though not unexpected at this point and after months of unsuccessfully dealing with management, the Teamsters remain disappointed by the company’s latest action,” added Teamsters International Vice President Ken Hall.  “The company has struggled as it pursued misguided strategies under revolving management.

“Meanwhile, Teamster Hostess members have sacrificed greatly over the past seven years. For Hostess to pin the blame on its employees is unconscionable and demonstrates how out of touch management is with its workforce,” Hall said. We will work hard to get a deal. But if a deal proves impossible because executives refuse to listen to reason, we will work equally hard to defend against the motions filed by the company to reject its collective bargaining agreements.”

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Teamsters Denounce Strong-Arm Tactics by Indiana Republicans to Pass Right-to-Work
Posted: January 25, 2012
Source: Teamster.org
Teamsters General President Jim Hoffa today condemned the passage of right-to-work legislation in the Indiana House of Representatives, denouncing the Republican majority’s use of punitive tactics to compel Democrats to end their protest against the blatant attack on the state’s working families.

Prior to today’s vote, Democratic state representatives have been absent from eight sessions to prevent the Republican majority from achieving a quorum and forcing through the right-to-work legislation. Strong-arm tactics by the House majority, including a $1,000 per day fine, made the Democrats’ continued absence untenable.

“Is it any surprise that Indiana House Republicans would threaten their colleagues’ livelihood to leverage them into a vote?” Hoffa said. “House Speaker Brian Bosma and his cohorts will resort to any underhanded tactic to force through right-to-work for less legislation for their corporate benefactors.”

The legislation, which will likely be signed into law by Gov. Mitch Daniels when it reaches his desk, will open the door to the gutting of wages and benefits for Indiana’s working men and women. In 2006, Gov. Daniels told the Teamsters that he opposed right-to-work when he spoke to Local 135 in Indianapolis, Ind.

At that meeting, (which can be viewed here ), Gov. Daniels stated, “I'm a supporter of the labor laws we have in the state of Indiana, I'm not interested in changing any of them, not the prevalent wage laws, certainly not a right-to-work law."

On Monday, Democrats proposed an amendment to the bill that called for a statewide referendum on right-to-work. In what has become a reoccurring theme, House Republicans continued their efforts to block any attempts to engage or educate their constituency about the right-to-work legislation, defeating the amendment by a 60-40 vote along party lines.

A recent poll conducted by Peter Hart Research found that 71 percent of Hoosiers support holding a referendum on right-to-work. Indiana passed right-to-work in 1957, only to see it repealed in 1965 after public outrage with the law shifted control of the state House and Senate to the Democrats. Last year, millions of Ohioans voted to repeal Senate Bill 5, which would have stripped collective bargaining rights from nearly 400,000 public employees.

“If Gov. Daniels signs this legislation into law, he will betray the trust of men and women who helped put him in office,” Hoffa said. “I have little doubt in my mind that Gov. Daniels and Indiana’s Republican members of the state House and Senate will see a tremendous backlash from their constituents if right-to-work is passed. If there’s one thing that we have seen this past year, it’s that working men and women will rise up to challenge any legislation that threatens the welfare of their families.”

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Gov. Gregoire announces tentative settlement between EGT and ILWU
Posted: January 24, 2012
Source: The Stand
Gov. Chris Gregoire today announced that EGT and the International Longshore and Warehouse Union reached a tentative settlement on pending legal issues surrounding labor disputes at EGT’s grain export facility in Longview.

“I asked EGT and ILWU to come together in a good faith effort to overcome their differences,” Gregoire said. “Both parties should be commended for their willingness to work together and compromise. This framework reflects considerable effort to put the interests of the Longview community and the entire Columbia River basin first. I am confident an agreement can be reached that will satisfy both parties and allow the new grain terminal to become fully operational.”

“We are pleased to announce that after a series of discussions convened by Governor Gregoire, the ILWU and EGT have reached a tentative settlement to resolve the pending legal matters between the parties and the Port of Longview,” said EGT CEO Larry Clarke. “While the parties are still working to finalize certain conditions over the next several days, we are optimistic we can resolve the dispute and get on with the business of operating the facility. From the beginning, we had two core goals — to operate this 21st Century facility safely and efficiently and to ensure the entire Longview Community shares in the economic benefits this facility will provide. We are optimistic this process will help us reach both of these objectives.”

“This is a win for the ILWU, EGT, and the Longview community,” said ILWU President Robert McEllrath. “I want to thank Governor Gregoire for her leadership in working with both parties to find common ground. The ILWU has eight decades of grain export experience in the Northwest, and we look forward to the opportunity to develop a positive working relationship with EGT.”
Read the source story here.

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Teamsters descend on IN Statehouse
Posted: January 23, 2012
Source: Teamster Nation
Teamsters packed the Indiana Statehouse today to fight right-to-work (for less) legislation, along with other union members and their families and friends. The interior halls of the building are full and, despite freezing temperatures, more protestors are coming out to show their support for working families and the Democrats who support them.

House Democrats have walked out of the House chamber this session, effectively denying Republicans quorum to conduct business. However, today they returned at high noon and are expected to debate proposals for a November referendum on right-to-work-for-less. The referendum would allow the state’s voters to decide the fate of the heinous bill.

Protestors inside the State House are chanting, “Whose House? Our House,” as they clap and cheer for House Democrats.

But it isn’t just government buildings where working Hoosiers are letting their voices be heard. Outraged union members, concerned citizens and working families have been circulating and signing petitions, phone calling, emailing and registering people to vote. They even protested in front of House Speaker Brian Bosma's house in Geist.
Read the source story here.

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'Sotheby's: Hang art, not workers' says Occupy Museums in MOMA direct action
Posted: January 21, 2012
Source: Teamster Nation
It's kind of disgusting, when you think about it, that artwork about suffering workers gets sold by rich, union-busting companies like Sotheby's for millions of dollars -- to rich people.

That's why Occupy Museums disrupted the Museum of Modern Art last month at a Diego Rivera exhibition.

(If you haven't been following, Sotheby's locked out 42 art handlers on Aug. 1 because they wouldn't stand for lower wages, a lousier retirement plan and the gradual dissolution of the union.)

Art in America writes,

The Museum of Modern Art was once again targeted by Occupy Museums, bringing their protest inside the building on a bitterly cold evening. Occupy Museums has staged a number of demonstrations since October; this was a homecoming of sorts, since the first protest took place at MoMA.

Over the two-hour event, protesters ... were joined by representatives of the Arts and Labor Group of Occupy Wall Street, artists' group 16 Beaver and Occupy Sotheby's.

    Read the source story here.

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Final Hours Rule for Truckers
Posted: January 21, 2012
Source: Journal of Commerce
Daily work limits 11 hours driving, 14 hours on-duty. Starting Feb. 27, 2012:

• On-duty time will not include time resting in a parked commercial motor vehicle, or two hours in passenger seat before or after eight hours in sleeper berth.
• Maximum penalties ($11,000 per offense for carriers, $2,750 per offense for drivers) imposed for driving three or more hours beyond 11-hour limit.
• Oil field exemption allows certain drivers at oil fields to record waiting time as off-duty in paper or electronic logbooks.

Starting July 1, 2013:

• Rest breaks May drive only if eight hours or less have passed since end of driver's last off-duty period of at least 30 minutes. Enforced July 1, 2013.
• "34-hour restarts" Must include two periods between 1 a.m.-5 a.m.; may only be used once per week. Enforced July 1, 2013.

Read the complete source story here. (Subscription required.)

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Correctional Officers Say Prison Proposals Will Devastate Their Communities
Posted: January 18, 2012
Source: Teamster.org
Correctional officers and other prison workers today said proposals to privatize and close Florida corrections facilities will throw thousands of people out of work and endanger local communities. A dozen correctional officers converged on the Statehouse today to urge lawmakers to reject the plan.

Bill Curtis, a correctional officer with Charlotte C.I., said privatization of his facility would cost him his job, his insurance and possibly his wife’s life.

“It’s going to throw everyone out of work,” said Curtis. “I’m going to lose my insurance, and that’s important to me because my wife had a stroke. It’s a matter of life and death.”

Curtis says he doubts he could get another job because he’s 61 and likely to be discriminated against.

“This state prison system is running as lean as it can,” Curtis said. “When a private company comes in, they’ll cut quality and staff. They’ll take shortcuts to make money. The people working there will be less safe, the people incarcerated – they’re citizens too – will be less safe, and ultimately the community will be less safe.”

David Thomas is a lieutenant at the Hendry Work Camp in Immokalee, which is slated for closure. He and his wife both work for the state, so closing the camp would mean unemployment for both of them.

“With ties to the community we don’t have the opportunity or the funds to move to North Florida,” he said. Correctional officers will be given the opportunity to transfer, but Thomas said that option is impractical for most employees. He estimates between 700 and 1,000 people will be unemployed if the plan to close the prison facilities goes forward.

“Eighty-five people at Hendry, they don’t have a place to go,” Thomas said.  “It’s just devastating.”

The plans include closures of the New River Correctional in Raiford, Jefferson Correctional in Monticello, Demilly Correctional Institute in Polk City, Gainesville C.I., Indian River C.I. in Vero Beach, and the women’s prisons Broward C.I. in Fort Lauderdale and Hillsborough C.I. in Riverview near Tampa.

The department also plans to close work camps in Gadsden, Washington and Hendry counties and the Levy forestry camp.

For more information, visit http://fdocteamsters.org.

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Few Cities Have Regained Jobs They Lost, Report Finds
Posted: January 18, 2012
Source: The New York Times
Less than a tenth of the nation’s metropolitan areas have regained the jobs they lost in the economic downturn, according to a report being released Wednesday by the nation’s mayors as they gather in Washington to express their exasperation that the federal government seems more intent on cutting aid to cities than on sending more.

Only 26 of the nation’s 363 metropolitan areas had recovered their lost jobs by the end of 2011, and only 26 more are projected to recover them by end of this year, according to the report, which was commissioned by the United States Conference of Mayors. It will take at least five years for the 80 hardest-hit areas to recover the jobs they lost, the report forecast.

Households in metropolitan areas experienced a 2.2 percent decline in median income from 2009 to 2010, it found, while those in rural areas did not see a statistically significant decline. And the report said that housing prices fell by 4 percent in 2011, sapping household wealth and further shrinking the property tax base that many cities rely on.

But the lingering economic crisis has failed to spur any meaningful recent action in Washington, mayors said in interviews.

“We’re looking for a partnership with the Congress to put America back to work,” Mayor Antonio Villaraigosa of Los Angeles, a Democrat who is the president of the mayors’ group, said in an interview. “We’re looking for the Congress to do its job. If we were to grade the 112th Congress, I think you’d have to say the midterm report card grade would be very clear: an F for failure.”
Read the complete source story here.

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1 Million Signatures Submitted to Recall Walker
Posted: January 17, 2012
Source: AFL-CIO Now Bog
Working people hit one right out of Miller Park: Moments ago, they submitted 1 million signatures supporting a recall election of Gov. Scott Walker (R), exceeding the total number of signatures required by 460,000. Walker last year pushed to abolish the rights of public employees to collectively bargain for a middle-class life. Overall, Walker’s policies are killing 18,000 jobs a year in Wisconsin, according to a recent report and more than 27,000 jobs have been lost since he signed the budget last year.

Interestingly, Walker received 1,128,159 votes in his 2010 election.

Working families also turned in 123 percent of the required signatures against Senate Majority Leader Scott Fitzgerald, who was thought one of the more challenging leaders to recall.

There also are enough signatures to force recall elections for the state’s lieutenant governor and two other state senators. The Wisconsin elections board will need to verify all the signatures.
Read the source story here.

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Dems double-crossed over RTW in Indiana
Posted: January 17, 2012S
ource: Teamster Nation
A new poll showed that's what an overwhelming majority -- 71 percent -- of Hoosiers want.

Then the Republicans solicited a legal opinion that said a referendum wouldn't be constitutional.  So the Democrats continued their boycott.

The Associated Press reports,

Indiana’s House Democrats are again blocking divisive right-to-work legislation because of what their leader calls a Republican “trick.”

Democratic House Minority Leader Patrick Bauer said he learned Monday night of a Republican plan to undermine the Democrats’ effort to put right-to-work legislation on the ballot. Democrats boycotted the House again Tuesday in response.

The Indy Star reports Bosma will impose $1,000 fines on each Democrat for every day they don't show up. (Note: This is the way Hoosiers filibuster. Bosma staged his own damn walkout in 2001. And if you think about it, Republicans have been filibustering the U.S. Senate for at least the last four years.)
Read the source story here.

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Hoffa: Congress Must Pass Jobs Legislation Now
Posted: January 11, 2012
Source: Teamster.org
By Teamsters General President James P. Hoffa, as published in The Detroit News on January 11, 2012

The latest news about jobs was good, but it wasn't good enough.

America created 200,000 jobs in December, the sixth month in a row the economy added at least 100,000 jobs. Unfortunately, it will take a lot more new jobs than that to significantly lower the unemployment rate.

That's why Congress must pass President Obama's American Jobs Act — now. His proposal to create new jobs is made up of ideas that both Democrats and Republicans said they support. A wide range of economists agree Obama's jobs plan will prevent a double-dip recession by increasing economic growth and creating thousands of new jobs. Moody's rating service estimates it would create 1.9 million jobs.

Republicans in Congress, though, have shown they are more interested in partisan politics than in helping their constituents. It's past time for obstructionists to recognize the jobs crisis is an American problem, and they are responsible for helping to solve it.

Since President Obama introduced the American Jobs Act in September, the bill has been broken into pieces. One part of it, "Returning Heroes," has already passed. That measure grants hiring tax credits to employers who hire jobless military veterans.

Much remains to be done, however. Congress has rejected the president's plan to rebuild our infrastructure and create a bipartisan National Infrastructure Bank. These investments would put Americans back to work modernizing our roads, rail, airports and waterways. They would be covered by Davis-Bacon prevailing wage and Buy American provisions.

Another part of the American Jobs Act would put construction workers back on the job to renovate public schools across the country. It would also prevent up to 280,000 teacher layoffs, while keeping firefighters and police officers — thousands of whom are Teamsters — on the job.

Extending unemployment benefits is another element of the president's jobs plan. Not only is it the right thing to do, it's the smart thing to do. Studies shows unemployment benefits are spent, boosting local economies.

Extending the payroll tax cut was also part of the American Jobs Act. Congress agreed to a two-month extension in December, but we need to extend it permanently. Putting more money in the pockets of working Americans is a good way to get our economy moving again. The president's plan also makes certain that Social Security will still receive every dollar it would have gotten otherwise.

President Obama pays for all of these proposals with tax hikes on those who can best afford to pay them. Many of our wealthiest Americans pay a lower tax rate than low-income wage earners. Polls show that most people think taxes should be raised on millionaires. Not only is the president's tax proposal popular, but it makes economic sense as well.

As we head into the new year, our elected officials in Washington would do well to remember that the jobs crisis isn't President Obama's problem. It isn't a Republican or Democratic problem. It's an American problem.

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USS Reagan commander wants sailors to work hard, play hard
Posted: January 11, 2012
Source: Kitsap Sun and Ken Hovater
Twenty-nine hundred sailors piled off the USS Ronald Reagan into the Northwest chill Tuesday, days removed from their sunny, sandy San Diego home.

Lying ahead is a year of ship maintenance at Puget Sound Naval Shipyard and Intermediate Maintenance Facility.

[...] Reagan sailors and shipyard workers will split 490,000 man-days during the $218 million renovation. Some crew members will work in their own departments. Others, whose specialties don't relate to maintenance will learn new tasks, and some will travel to other carriers for training.

"All the sailors are trained to do a job at sea, but we're going to train them to do a lot of things they're not accustomed to and get this ship done," said Burke, a Michigan native who spent much of his career flying helicopters.

Naval Base Kitsap provided information about fun things to do in the area, Burke said, and he wants his sailors to take advantage of what the Northwest offers.
Read the complete source story here.

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Labor and business urge: Frontload JOBS!
Posted: January 11, 2012
Source: The Stand
As the 2012 legislative session begins, labor and business advocates are continuing their unprecedented partnership urging the Washington State Legislature to put jobs first.

The Washington State Labor Council, the Washington State Building and Construction Trades Council, the Association of General Contractors, and others supporting investment in our state economy are urging passage of a $2 billion Infrastructure Jobs Bond as quickly as possible to boost struggling communities. The business-labor coalition is hoping to build on the positive momentum created during December’s special session on this legislation.

This is state legislators’ opportunity to make necessary investments at a smart time and to create tens of thousands of jobs right now. The Infrastructure Jobs Bond would issue capital construction bonds — just as the state does for transportation projects — to be repaid by streams of money already dedicated to the capital budget, such as toxics taxes and public works trust funds. That money is earmarked for capital projects anyway.

This would frontload those investments now when our state is desperate for jobs. It will create 15,000 desperately needed construction jobs, plus another 15,000 induced jobs in other sectors like retail, architecture and engineering, administrative, arts, recreation, nursing and more. For every $1 we invest in new construction, we generate an additional $1.97 in statewide economic activity. That means a $2 billion would generate up to $3.97 billion in statewide economic activity.
Read the complete source story here

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Protest planned for first ship to dock at EGT grain terminal
Posted: Posted January 10, 2012
Source: The Daily News
The U.S. Coast Guard will escort the first ship coming to the EGT grain terminal at the Port of Longview this month, and the Occupy movement and local labor groups say they are planning to greet the vessel with a massive protest.

EGT officials say they have not scheduled a date for the ship's arrival. The freighter is expected to haul thousands of tons of grain to Asia, but opposition groups are already marshaling their forces to support the lengthy protest by union dock workers at the grain terminal.

"We just want to swell the population of the city to show there are people behind us," said Jeff Washburn, president of the Cowlitz Wahkiakum Central Labor Council, which passed a resolution calling for a protest this week.

He added that the labor council plans no attempt to stop the ship, a sentiment echoed in a similar call for protest by leaders of the International Longshore and Warehouse Union.

However, the Occupy movement it taking a more aggressive stance, calling for members nationwide to gather outside Port of Longview gates and thwart efforts to load the ship, said Paul Nipper, an organizer for Occupy Longview. The group shut down the ports coastwide, including Longview, Dec. 8.
Read the source story here.

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U.S. labor board overturns requirement for arbitration
Posted January 9, 2012
Source:The Everett Herald
Employers can't require workers to sign arbitration agreements that prevent them from pursuing group claims in court, the National Labor Relations Board said Friday, in a decision that some experts say could have wide repercussions.

The NLRB said agreements that required private sector workers to make claims only as individuals and only to an arbitrator violated their right to join together in "concerted action" under the National Labor Relations Act.

On Jan. 3, the board said D.R. Horton, one of the nation's largest homebuilders, could not require new hires to sign a document agreeing to have all disputes settled on an individual basis through binding arbitration.

The decision prohibits agreements that bar class-action claims in court, but the board said individual claims could still be limited to arbitration.
Read the source story here.

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A Shameful Attack on Working Families in Indiana
Posted: January 7, 2012
Source: IBT President Jim Hoffa, writing in Huffington Post
The central battleground in the war against workers today is the Indiana Statehouse. Anti-worker lawmakers are frantic to pass a bill that would weaken unions and shrink Indiana's middle class. The legislative fight over the measure could make the Super Bowl look like a stroll in the park.

Indiana's Republican leadership is desperate to pass a so-called "right to work" bill before Feb. 5, when Super Bowl XLVI kicks off at Lucas Oil Stadium in Indianapolis. They want to avoid any negative attention around the game. In the meantime, supporters of this awful bill will say and do anything to get it passed.

These politicians have no shame. They have:

• cribbed the bill's language from pre-written legislation influenced by out-of-state corporations like Koch Industries, Exxon Mobil and Duke Energy;
  
• run television commercials paid for by secret donor;
  
• tried to severely restrict public - but not lobbyist - access to the Statehouse;
• put out dishonest "studies" underwritten by such anti-worker groups as the Indiana Chamber of Commerce, the National Right to Work Committee, the American Legislative Exchange Council (ALEC) and a corporate advocacy group from Oklahoma;
• claimed companies refused to move to Indiana because it wasn't a right-to-work state. When pressed, they couldn't name a single company that decided not to relocate to Indiana because of that.

The real reason for the bill has nothing to do with rights and nothing to do with work. It doesn't even have anything to do with improving Indiana's business climate - already ranked sixth best in the country. The purpose of right-to-work for less is to please corporate donors who want to lower labor costs. What right-to-work for less does is limit unions' financial resources and therefore their ability to negotiate for higher wages and benefits.
Read the complete source story here.

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Hoffa Pledges Full Support To Fight For Indiana's Working Families
Posted: January 7, 2012
Source: Teamster.org
Teamsters General President James P. Hoffa pledged full support in the fight against right-to-work (for less) legislation in Indiana, where working families are battling corporate-backed interests to weaken unions. Republican legislators there have made it a priority to pass the anti-union legislation, under the guise that it will create jobs and boost the economy.

“Those supporting this legislation want you to think it’s about jobs. That couldn’t be farther from the truth,” Hoffa said during a Teamsters teletown conference Thursday night. “This is about nothing more than destroying unions so big business can have its way with you, your family, your children and your communities. We will not let corporate fat cats get their way.”

The fight against the legislation began Tuesday. Brian Buhle, Central Region Vice President and Secretary-Treasurer of Local 135 in Indianapolis, is coordinating the fight on the ground where Teamsters, volunteers and concerned citizens are working tirelessly to make their voices heard.

“We are not going down without a fight,” Buhle said. “Since Tuesday, hundreds of Teamsters have joined ranks with other working families to demonstrate at the Statehouse. We’ve set up phone banks and have volunteers working day and night to stop this.”

Democratic senators from the state have refused to enter the Statehouse, denying the state’s Republicans a platform to conduct business. The move has successfully stalled the legislation, but political leaders say the next few days will be crucial.

“If corporations had their way, this legislation would be passed already,” said Indiana House Minority Leader Pat Bauer, who addressed Teamsters on the call. “The legislators who refused to conduct business are fighting for the middle-class families of Indiana, but they can’t do it alone. They need your help and your support. It’s up to you to get involved and get active in this fight. Our future depends on it.”

Free transportation to and from the Statehouse has been arranged by Local 135 for those who want to volunteer their time and join demonstrations. Both Hoffa and Buhle encourage Teamsters everywhere to join the fight.

“Fighting right to work legislation is about standing up for our middle-class values. It’s about supporting out communities, providing educational opportunities for our children and fighting for safety in our work places,” Buhle said.

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Puget Sound Naval Shipyard to host career fair
Posted: January 6, 2012
Source: Bremerton Patriot
The Puget Sound and Intermediate Maintenance Facility will have a career fair at the Kitsap Pavilion in Bremerton from 9 a.m. to 5 p.m. Jan. 27 and 28.

Representatives from the shipyard, Vigor, maritime supplier AMSEC, Naval Facilities Engineering Command, Naval Undersea Warfare Center, Keyport and Port Operations will be accepting resumes and providing information on available positions.

In the past, the event has drawn more than 10,000 job-seekers, according to Darcy Jenne, public affairs officer for the shipyard.

All civilian and military job applicants are eligible to attend and should bring a current copy of their resume.

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Judge Rolls Back Idaho's Expanded RTW
Posted January 6, 2012
Source: AFL-CIO Now Blog
Memo to Indiana lawmakers pushing “right to work” for less law in that state.

A federal judge has invalidated both the anti-union laws pushed through by Idaho GOP lawmakers last session, saying they violate federal law, according to the Spokesman-Review.

The measures…both expansions of Idaho’s Right-to-Work law, sought to ban “job targeting programs” that use union dues funds to subsidize members’ wages as a way to help contractors win bids, and to ban “project labor agreements” through which contractors sign agreements with unionized workers while bidding on public works projects.

Read the source story here.

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Hoffa Praises Obama for Bold Actions to Protect Working Families
Posted: January 4, 2012
Source: Teamster.org
Teamsters General President Jim Hoffa today applauded President Obama for using his constitutional authority to appoint well-qualified people to government posts that are key to protecting working people from union-busting corporations and financial predators. 

Defying obstructionists in Congress, President Obama took action to ensure that we have a functioning National Labor Relations Board to protect the rights of workers in this country. He named Richard Griffin, Sharon Block and Terence F. Flynn to the NLRB, where they will continue the necessary work of making sure workplaces are productive, fair and safe while safeguarding workers’ rights to organize and bargain collectively. 

He also named Ohio Attorney General Richard Cordray to direct the Consumer Financial Protection Bureau. In the new role created by financial reform legislation, Cordray will protect American working families from abuses by the financial industry. 

”There can’t be any doubt which side President Obama is on after the recess appointments he made today,” Hoffa said. “He stood up to Republicans in Congress who hate the idea of consumer protections and fairness in the workplace. They’ve tried everything they could think of to destroy the NLRB and to prevent the CFPB from functioning, including blocking appointments. President Obama made the right decision on behalf of the American people by bypassing obstructionists in the Senate. 

“Richard Cordray is a solid public official who has done much to protect Ohio’s retirees, investors and business owners from financial fraud. Richard Griffin, as general counsel for the International Union of Operating Engineers, is a strong choice for the NLRB. Sharon Block, currently deputy assistant secretary for congressional affairs at the Labor Department, has worked for the late Sen. Edward M. Kennedy, a great protector of workers’ rights. 

“And the appointment of Terrence Flynn, the Republican nominee to the NLRB, shows the president’s determination to rise above petty partisan politics.”

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Important Notice About Your CDL
Posted: January 3, 2012
Source: State of Washington Department of Licensing



Beginning January 30, 2012, all CDL holders will be required to self certify the type of commerce they currently or intend to engage in as a commercial driver. This process, which requires the submission of a CDL Self Certification form to the Department of Licensing, must be completed by January 30, 2014. The purpose of this form is to determine if you are required to keep a current medical examiner's certificate on file with the Department of Licensing.

Self certifications for current CDL holders must take place between January 30, 2012 and January 30,2014. The Department of Licensing can't accept self certification forms or medical certificates before January 30, 2012.

If your driver license expires before January 30, 2014, you can complete this certification when you come to a driver licensing office to renew, replace, or update your commercial driver license. Please review all information to learn more about your options and be prepared to submit your current medical examiner's certificate if required. CDL holders with licenses that expire after January 30, 2014 will receive a letter instructing them when to visit a driver licensing office and complete the self certification process. New CDL drivers will self certify as part of the CDL application process.

What do you have to do?

• Visit a driver licensing office. (On or after January 30, 2012)
• Self certify for the type of commerce in which you currently or intend to operate (see information to right). If you select non-excepted interstate, you must submit a current medical examiner's certificate and any waivers if applicable.

What happens if I don't submit the self certification form before January 30, 2014?
Your CDL will not be valid for operating a commercial motor vehicle. Your license must be returned to:

CDL
Department of Licensing
PO Box 9020
Olympia, WA 98507-9020

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Teamster Pipeline Construction Workers Launch Strike
Posted: January 3, 2012
Source: Teamster.org
More than 700 Teamster pipeline construction workers across the country are preparing to strike after negotiations failed with the Pipe Line Contractors Association over unreasonable contract demands by the profitable industry that would gut workers’ retirement security. 

The strike started with about 200 Teamsters in Pennsylvania and West Virginia walking off the job. More in other locations are to follow.

The highly trained and skilled workers perform the difficult driving tasks related to hauling and laying pipe at pipeline construction sites. The National Pipe Line Agreement between the Teamsters and the Pipe Line Contractors Association (PLCA) expired Jan. 31, 2011, but was extended twice, ultimately expiring on Dec. 31, 2011.

PLCA wants to force Teamsters into a 401(k) savings plan and ultimately eliminate all traditional defined benefit pensions. Traditional pensions offer more security to workers because they provide a set, monthly income at retirement despite the instability and unpredictability of Wall Street.

Teamster negotiators worked hard to find creative solutions that addressed the association’s concerns and protected retirement benefits of our members. However, PLCA has refused to be reasonable, raising objections and creating roadblocks that would result in a 401(k) savings plan as the only retirement benefit.

“The association’s ultimate goal is to gut workers’ security and gamble their retirement in the stock market with a 401(k) plan,” said Teamsters General President Jim Hoffa. “This is yet another example of the rich getting richer on the backs of the middle class.

“It’s not enough for this rich industry to be gouging Americans struggling to pay their gas and heating bills. Now the industry is trying to squeeze its workers too.”

PLCA is an association of more than 70 large and small, public and private, construction companies that build and maintain the pipeline infrastructure for the highly profitable oil and gas industries.

Some PLCA member companies are part of larger corporations that provide a range of services. For example, PLCA members Minnesota Limited and Miller Pipeline are subsidiaries of Vectren Corp., which runs Indiana Gas, Southern Indiana Gas and Electric Co. and Vectren Ohio -- all end-user gas and energy providers in the Midwest. Vectren raked in more than $1.5 billion in revenue and generated $124 million in net profit in 2010. The CEO of Minnesota Limited is the current president of PLCA.

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As Big Bank Stocks Plunge, CEOs Continue To Reap Huge Salaries
Posted: January 2, 2012
Source: Think Progress
Wall Street Pit’s Ron Haruni points out that as the banking industry’s stocks plunged this year — with major megabanks like Bank of America facing uncertain fates — their executives have walked away with sky-high salaries.

Haruni cites the work of Rochdale Securities analyst Dick Bove and shows how banks have seen their value and stocks plunge by double-digits while executive compensation remains high:

According to data from Rochdale Securities analyst Dick Bove, the heads of major banking groups including JPMorgan Chase (JPM), Goldman Sachs (GS) and Bank of America (BAC) are out-earning their employees and shareholders even as shares of bank stocks as a group lost about 26% this year.

Bove found that while the 23 financial institutions he follows saw their stock prices and market cap drop by more than 30% and 11%, respectively, bank CEO compensation averaged $7.74 million. That means the banking heads brought in 50 to 100 times the average worker. Take BofA’s CEO Brian Moynihan who will earn $2.26 million this year while his bank’s market value dropped 60% – the worst in Rochdale’s study.

Read the source story here.

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