UPS, Denverbrown

UPS, Denverbrown                                           July 2008

UNION

  On this page..........

            Southern Exposure........Who's to blame... ???
            News from Across the Pond........Battling UPS in England
            Let's Get "Just Cause" on the Ballot.......Fight back
            Why Should I Care........The future of the Union
            Employee Free Choice Act........Union power
            Labor Aristocracy........That's us
            Brewery Descendant.......Key to Ballot Brouhaha
            12 Rules of Stewarding........Do something
            Can I Live Without the Union At UPS?........R U Nutz
            The Legal Rights of Union Stewards........Q & A
            Can We Afford "Right to Work for Less"?........Kids in danger
            Do You Hear What I Hear?........Are you listening?
            Contract Cheat Sheet........Where to Find What You Need

Read more.......


Southern Exposure

Bob Newhouse

        Wow, what a year it’s been so far! Planning, then re-planning, then re-re-planning because the corporate assholes are running roughshod over all of our lives. They are stealing our jobs, our future, our childrens’ lives, our healthcare, and our sense of security. All in the name of money.
        There isn’t a UPS guy on earth that makes enough to benefit from the tax breaks given to the top 2% of the people in this country. Our CEO might be the only guy making that kind of money. They are stealing your family vacations, your children’s possibilities for college, and the country’s chance for a solid economy.
        Given all of that; you still vote for gun rights, (they haven’t done a thing to further your cause, because if they do you will turn your attention to what’s important). You vote to prevent abortion, (again, they haven’t done a thing because if they do then you will be aware of what else they are doing to screw the country). The last thing any of you vote for is your future, and the corporate assholes are stealing that.
         The only one to blame is you!
        You either don’t vote, or you have some misguided reason to vote against your own best interest. In Colorado we are under attack by the corporate out-of-state jerks that think you make too much and have too much power as a union person. The attack is known as “right to work for less”. Or better known as “how we can screw those union idiots again”.
        Their approach is simply to get you to turn your attention away from what should be your real core issues; your family, your life, your future, and your career. The problem is many of you fall for it and vote every other issue under the sun. It isn’t until you lose your job, your savings, your pension, your healthcare, and even your life that you wake up to the attack you are under.
        Many of you continue to help the C.A’s, (corporate assholes), continue to attack your only means of protection, the Union. The Unions were created out of a need to protect the average worker, (which like it or not, you are one), because of corporate greed.
UPS drivers under attack        It’s all about cheap labor.
        The sole goal of this ballot initiative is to weaken the Unions ability to represent you, and bring you the level of job security, and chance at a future that you deserve. If it passes you will see a dramatic change in the level of representation you receive in the work place. You may have complaints now, but you ain’t seen nothing yet! It will not be sufficient for you to just make sure you vote to defeat this initiative. You will need to educate the non-union people around you as to what the C.As are trying to do to all workers.
        Well enough of my rant. My understanding is we have new management changes at the South Building again. We can’t seem to hang on to anybody for any length of time. Best thing about it all is that all of my bosses are not named Dan anymore. I got tired of having to explain to my wife all of the time which Dan I was talking about.
        Remember, It’s the Unions that brought you the weekend!
        I have been on vacation so I can’t provide much more information about the change, but I’m sure we’ll be starting over from the beginning again. I think that’s the idea. They get a month of playing stupid as an excuse to get away with everything. I guess that’s the number one job of the steward is to break in the new management.
        As usual we are in a 9.5 time with the excuse being they are short handed, or the seasonals quit, or anything else they can come up with. Remember, don’t wait, file. It’s been fun to watch the attacks, and yelling by upper level management to intimidate workers and supervisors. Nothing new or surprising. I guess it works because they keep doing it. Must be threats of the Lord and Master from his ivory throne keeping them on edge. Desperate people do desperate things. Remember, they will take you out if they can! You can never do enough! You will never be their friend! If it’s their job on the line, they will take you out. Doesn’t matter what you’ve done for them in the past!
        The day you understand that is the day you will survive!
        Have a great summer.

Oh, Thank God

News from Across the Pond

        Hi all..... just to let you all know that us across the pond have set up a website for UPS employees and its taken off quite well. Have been asked to tell you guys about it so that we can hopefully get you logged on so you can see whats happening over here and we can find out how things are going over with you.
Anyway the address is:

www.uniteatups.org.uk

Let's Get "Just Cause" on the Ballot


        Too often, companies fire good workers for no reason -- because they don't like the person, or because they want to replace someone with younger, cheaper workers.
        Under current Colorado law, you can be fired for your haircut, for talking about politics at work, or for taking a sick day.
        The Colorado Just Cause initiative will help protect Colorado employees by having companies simply explain their reasons for firing employees. This initiative, which has been endorsed by Protect Colorado's Future, is on its way to Colorado's ballot in 2008.
        The initiative is already popular in Colorado, with polls showing that 7 out of 10 Coloradans would vote for it.
        As syndicated columnist David Sirota wrote:
        "70 percent of Colorado voters support the concept — not surprising, considering many voters are probably shocked to discover that most states allow employers to terminate workers for any reason not already outlawed by existing anti-discrimination statutes. Your boss doesn't like that you root for a particular professional sports team? Unless the ballot initiative passes, you can be fired "at will" for that and more in Colorado — and the initiative's conservative opponents will be arguing that's A-OK by them."

Protect Colorado's Future

Teamsters for Obama Website

Why Should I Care About the Union’s Future?

Bob Newhouse

        Why should I care?
        I’ve served my time. 30 years as a UPS driver.
What is going on around here?        Who cares who comes after me. I did my time. Make them do theirs.
        My life won’t change whether they are union or not. What’s in it for me if the Union survives?
        Tomorrow’s members don’t mean squat to me, the member of today.
        Have you heard any of this before?
        The facts are:
        Your pension is based on a sustained membership.
        Your healthcare is based on a sustained membership.
        Your Social Security is based on a sustained membership.
        Your future is based on a sustained membership.
        No future Union?
        No future members?
        No financial future for you!

Employee Free Choice Act


        "I urge you to enact the Employee Free Choice Act immediately. This crucial legislation will protect workers’ freedom to choose a union and bargain, without management intimidation. Allowing more workers to freely join unions and bargain with their employers will help rebuild the middle class by expanding health care, improving retirement security and raising the standard of living for America’s working families. My bargaining rights are worth working for and voting for!"

Fear and unbalanced

Labor Aristocracy

        UPS Teamsters, both male and female, are employees of an $80 billion company, with America's largest private sector labor agreement. They work all around the country—and their ubiquitous brown trucks are as familiar in small towns as yellow cabs in the teeming "global village" of New York City. Under their last contract, full-time UPS inter-city truckers and local delivery drivers earned $28 an hour, about $75,000 a year with overtime, year," according to The New York Times (citing information from the International Brotherhood of Teamsters). IBT pension and welfare funds—while currently under siege—provide far better benefits than most Americans enjoy, including employer-paid health insurance for Teamster family members and retirees. That makes total compensation for full-timers more than $40 an hour (although, as noted above, contract concessions in late 2007 will adversely affect part-time package sorters and leave many of them far behind, in terms of starting pay and benefits.). Seventy percent white and overwhelmingly native born, Teamsters at UPS—if fully employed--could easily be mistaken for a "labor aristocracy".

Excerted from Teamsters and Taxi Drivers

Local 804 Members United

Feeder Driver Beats Retaliation For Refusing to Haul Unsafe Trailer

Brewery Descendant Key to Ballot Brouhaha

        Any hope of avoiding a November ballot fight between labor and business interests still boils down to this: convincing brewery descendant Jonathan Coors to abandon his plan to turn Colorado into a "right-to-work" state.
        Mayor John Hickenlooper said he made little headway when he spent 40 minutes with the 28- year-old executive in a private meeting room this month on opening day for the Rockies baseball team at Coors Field.
        "We had a good discussion but at the end of the day he said, 'You have to understand this is very important,' " Hickenlooper recounted. "I don't think there is any leverage with individuals like that. The only leverage is trying to demonstrate to them that we're a modified right-to-work state."
        If successful, Coors' ballot initiative would make Colorado the 23rd "right-to-work" state. The measure would prohibit any agreements between unions and employers that require workers to pay for union representation even if they decline to join the union representing them.
        Labor interests have fired back with a raft of other ballot initiatives that would give all workers cost-of-living increases and require companies to provide health care. Other measures would take aim at corporate fraud and require employers to prove they have "just cause" before firing workers.
        Taken together, politicians and business leaders fear the issues could drastically change the business and labor climate in the state.
        Hickenlooper said he has already received promises from top labor leaders, including those at the national level, that they would pull their various initiatives if "right-to-work" proponents pull that measure.
        "I trust 'em," Hickenlooper said of the labor groups. "We've got a much longer-term relationship."
        Hickenlooper noted that Colorado already requires a second election to set up an all-union workplace, the type of workplace right-to-work proponents seek to outlaw.
        "I'm trying to think of ways I can demonstrate there's broad feeling we don't need any of these initiatives," he said. "I'm trying to figure out what to do next."

Don't buy Coors beer        The spokesman for the campaign behind the "right-to-work" proposal called any negotiations "private" and declined to speculate on the matter.
        In an attempt to avert the ballot-box showdown, Gov. Bill Ritter has pledged to "preserve" the existing state law that requires a second election, according to his spokesman, Evan Dreyer.
        While Ritter initially supported last year's legislation that would have eliminated that second step, he vetoed it when business interests cried foul. If another bill managed to get through the legislature, Ritter would need to veto it to keep the current law intact.
        Sen. Jennifer Veiga, D-Denver, the sponsor of the legislation Ritter vetoed, called Ritter's offer to stand behind current law "significant" leverage because "he holds the ultimate card."
        Veiga noted she did not reintroduce the measure this session. But she said it would be a "reasonable assumption" to expect the issue to come up again.
        While Ritter has proposed various ways to avert a ballot fight, one option hasn't been part of the negotiations: repealing his controversial executive order permitting state workers to be represented by unions.
        "These are unrelated issues. The employee partnership program is very specific to state employees and very narrow in its focus," said Dreyer. "This larger conversation impacts the entire state of Colorado, the entire state's economy and the entire state's future."

Joanne Kelley, Rocky Mountain News

Thanks Big Oil

12 Rules of Stewarding

Bob Newhouse

        For every asshole there’s two waiting in the wings to take his place.
        Do something even if it’s wrong.
        For every action there’s an equal and opposite reaction.
        When all else fails; OBJECT LOUDLY!
        If you can’t dazzle them with brilliance, baffle them with bullshit.
        Never let management tell you how to be a steward! (Even if you don’t know how to be one yourself).
        A fight in front of the troops is worth way more than a fight behind closed doors.
        You are always right, even if you are wrong.
        You are the expert on the contract because you are the steward. Got it?
        If they want to get along, get along, if they want to fight, fight!
        Making friends with management is OK as long as you remember they will cut your throat for their own survival.
        Know when to contact the business agent!

Free Choice...that's America

Can I Live Without the Union At UPS?

Bob Newhouse

        What does the union really mean to me at UPS? Would I be better off not paying those dues? Would I be better off not supporting our Local? Would I be better off without the Union?
Vote Labor        Here are the facts. You, a UPS driver, are the highest paid individual in the small package industry for what you do. Fed-Ex air drivers are the next closest and they make in the neighborhood of 5 dollars an hour less than you, for the same work. The Fed-Ex Ground guys have to pay their own truck insurance, and are paid by the package. They also have to pay their own health insurance. They are considered sub-contractors. I’ve seen them deliver on Saturday night just to complete their assigned work.
        Does that sound like a great deal to you ?
        The fact is; your Union has negotiated you the best package in the small package trade. Your healthcare is paid in full. Your pension is paid in full. On top of that you make the most money of any of the people that deliver small parcels.
        Many of you at UPS feel that you would have these benefits without the efforts of the Union. Many of you feel that your economic package is an entitlement, and that you would be where you are without the Union.
Vote Labor        But your security is under attack. Your healthcare is under attack. Your wage level is under attack. Your workers compensation is under attack. Yet many of you can find more important issues than supporting your Union.
        How much fun will it be when you have to go home to your wife and kids and tell them you no longer can take them to the doctor? How much fun will it be when you go home and tell your wife that after 30 years of sacrifice you no longer have Social Security? How much fun will it be when you go home to your family and tell them you have lost your job because UPS has chosen to subcontract all of the delivery jobs? How much fun will it be for you to be injured for months with no responsibility from the company to pay you for a lost time on the job injury?
        Think you’ll have them no matter what? You get what you vote for.
        What do you vote for???

Can't short that CEO and give my Mom affordable medicine.

The Legal Rights of Union Stewards

...More Sample Questions

        The Legal Rights of Union Stewards is the Bible for Union Stewards. Written by an attorney, Robert M. Schwartz, it covers all the important aspects of stewarding, from the NLRA to the grievance procedure. It's available online at Work Rights Press.
        I like this book because it's informative and easy to read. A lot of the chapters have sample questions and answers. I love these.

        See of you can answer more of these sample questions.

        After an employee filed a grievance, her supervisor approached her and angrily said, "Hey stupid, what's the big idea of calling in the union?" Is this allowed?
        No. Employers violate the NLRA if they make intimidating statements to discourage employees from filing grievances.

        Our supervisor told me she plans to suspend a worker for loafing. When I said the union would grieve it, she replied, "In that case, I'm going to fire him." If she does, do I have an NLRB case? Q&A
  Yes. Increasing a penalty because a grievance is filed, or because of an intention to file one is unlawful.

        Can a supervisor tell employees that the union is "crazy" to file a grievance and that the union leadership "doesn't know how to read a contract?"
        Yes. The NLRA allows employers to criticize the union actions so long as there is not threat of retaliation.

        I presented a grievance to my supervisor. He said it was worthless and tore it up in front of me and two other employees. Should I file an NLRB charge?
        Yes. Destroying grievance papers in an abusive manner viloates the duty to bargain in good faith.

        A worker was fired. The union filed a grievance but the company contacted the worker and offered her a cash settlement. Is this allowed?
        No. This is direct dealing. The company has committed an unfair labor practice--even if the employee rejects the company offer.

        To support a grievance against unsafe working conditions, can the union write letters to customers to explain the situation and ask for support for our stand?
        Yes. Letters to customers are protected by the NLRA as long as the letters are truthful and do not attack the quality of the employer's products or services.

        Can the company refuse to meet with a steward on the grounds that the steward "lies all the time?"
        No. Unions pick their representatives, not management. Union choices must be respected. In the absence of violence or abusive behavior by a steward, an employer vioates the NLRA by refusing to meet.

How to spend your summer

Can We Afford "Right to Work for Less"?

Falling into poverty          A new report shows Colorado has seen the largest increase of impoverished children than any other state.
         According to the latest census figures, 180,000 Colorado children are living in poverty. That's nearly 16 percent of all children in the state and it's up 73 percent since 2000. The numbers also show Colorado has a long way to go when it comes to correcting the problem. It ranks 44th out of 50 states in per-capita spending.
         Local food banks are seeing a large increase of people using their service and many of those visiting the food bank are parents.
         "The prices are disgusting," said one new mother. "I mean I can barely fill up my tank with gas as it is and as far as fresh veggies and fruit go, I spend all my money on formula."
         What she and the others find is food that grocery stores might have soon thrown out is donated to the Broadway Assistance Center to help others.
         "The number of people is increasing and so are the children that come in with the families that come in," Carol Engler with the Broadway Assistance Center said.
         "The numbers are shocking to anyone in Colorado who is concerned about the well being about children and families in our state," Liz McDonough with Colorado Human Services said.
         A low high school graduation rate, lack of good paying blue collar jobs and constitutional limits on state spending are among the factors blamed for the child poverty rate.

News4

“The mother of revolution and crime is poverty”

Aristotle

Do You Hear What I Hear?

Bob Newhouse

        As a steward it can be very frustrating talking to the membership about Union issues. It seems as if they are either adamant that you are wrong, or they seem to have an agenda so totally far from your union agenda that you will never come to agreement. Speak up, someone's listening
        The truth is that people take great pride in resisting what they know to be the truth. Many of our members do have other agendas, but even though it may not appear so, they are listening to you. It’s the jerk that flat won’t listen that is the problem. These are the guys/girls that pitch a fit about everything under the sun, but won’t support the Union
        They are the ones that won’t even register to vote.
        Getting out the message is the name of the game. It may seem like you are saying it over and over again. Fact is you are. That person that didn’t understand or hear you last time is the person listening to you now. Many people just don’t pay attention until it becomes a problem close to home. As you know UPS has a way of bringing your problems close to home.
        Keep the faith. Your people hear you when you are talking what is good for them. They may resist, and treat you as the anti-Christ, but the fact is; if you are sure of what you speak, they will listen.

Know Your Contract

         Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should get a copy of the agreement reached in 2002 and read through it.

Where to Find Things in the Contract Book

Your Cheat Sheet

UPS/Teamster Contract and Central States Supplement 2002-2008

                Topic                                                        Article #                                     Page#

    1.    401k Plan.........................................................29, sec. 3................................70-71
    2.    6th&7th day work............................................12, sec. 9.................................184
    3.    8-hour request.................................................19, sec. 3.................................197-198
    4.    9.5 day.............................................................12, sec. 1.................................181-182
    5.    Accidents.........................................................18, sec .3.................................46-47
    6.    Air Drivers.......................................................40, sec. 1&2,4.........................121-128,132
    7.    Air Drivers wages...........................................40, sec. 6.................................133
    8.    Air Hub.............................................................40.............................................128-132
    9.    Breakdown/Road Closure.............................10.............................................177
    10.   Bumping..........................................................3, sec. 9..................................164

    11.   Cost of Living COLA.....................................33..............................................72-74
    12.   Customer complaints....................................17..............................................196
    13.   Disability payments.......................................14, sec. 7-8..............................187
    14.   Discharge and suspension...........................17.............................................194-196
    15.   Doubles/triples pay rate................................19, sec. 8.................................199
    16.   Early start time...............................................12, sec. 2,6 .............................182-183
    17.   Employee working off the clock....................17, sec. 3..................................42-43
    18.   Excessive rides..............................................37, sec. 2.................................114-115
    19.   Extra work........................................................3, sec. 16................................170
    20.   Fair Day's Work, Fair Day's Pay..................37.............................................113

    21.   Feeder driver bid change............................... 3, sec. 13...............................167-168
    22.   Funeral leave..................................................29, sec. 2..................................69-70
    23.   Grievance procedure......................................5, sec. 1..................................172-173
                                                 ...................................... 7.............................................19
    24.   Harassment.....................................................37, sec. 1-2-3.........................113-115
    25.    Holidays.........................................................15..............................................187-188
    26.   Hours of work.................................................12, sec. 1..................................181-182
    27.   Innocent until proven guilty............................. 7................................................19
    28.   Jury duty..........................................................29, sec. 1...................................68-69
    29.   Laid off feeder drivers...................................19, sec. 2...................................197
    30.   Loss of driver’s license.................................16, sec. 3.1-3.3.........................36-39

                                                 .....................................35, sec. 1-2...............................79-80
    31.   Maternity leave...............................................16, sec. 4...................................39-40
    32.   Meals and breaks..full time............................18..............................................196-197
    33.   Mechanics personal tools..............................19, sec. 4.................................198
    34.   Medical examinations....................................29, sec. 1-4...............................58-60
    35.   Mileage pay rates...........................................43, sec. 3..................................144
    36.   New hire orientation.........................................1, sec. 1...................................155-156
    37.   Option day.......................................................15...............................................188
    38.   Package car driver..bidding procedure.........3, sec. 8...................................162-163
    39.   Package car driver..returned to building......19, sec. 6...................................198
    40.   Package car driver..route change..................3, sec. 9...................................163-164

    41.   Package car driver..bid coverage jobs..........3, sec. 18................................171
    42.   Paid for time.....................................................19, sec. 1.................................197
                                                 .......................................17..............................................42-43
    43.   Paid holidays....................................................15, sec. 1-2..............................187-188
    44.   Part time............................................................22, sec. 1-5..............................61-64
    45.   Part time breaks...............................................11, sec. 6.................................180
    46.   Part time employees........................................11, sec. 1-7..............................178-180
    47.   Part time transfer to full time..............................3, sec. 10...............................164-165
                                                 ........................................11, sec. 2.................................179
    48.   Pay periods..........................................................8, sec. 1................................176..
    49.   Penalty pay........................................................17...............................................42-43
    50.   Picket line........................................................... 9, sec. 1,3................................27-28

    51.   Resignation..........................................................2............................................157-158
    52.   Safety and health rules......................................13, sec. 1-2............................184-185
                                                 ........................................18.............................................43-58
    53.   Seniority...............................................................3, sec. 1-7.............................158-162
    54.   Sleeper teams...................................................43.............................................140-144
    55.   Stewards.............................................................4...............................................12-14
                                                 ........................................21..............................................60
                                                 .........................................5..............................................172-174
    56.    Struck goods..................................................... 9, sec. 2....................................27
    57.    Start time..........................................................12, sec. 4.................................182-183
    58.    Subcontracting...................................................1.................................................1
                                                 ........................................26.............................................66-67
                                                 ........................................32.............................................72
    59.    Supervisors working..........................................3, sec. 7................................10-11
                                                 ..........................................1, sec. 2................................157
    60.    Temporary alternate work (TAW)...................14, sec. 2.................................33-34

    61.    Tractor trailer school..........................................3, sec. 14..............................168-170
    62.    Uniforms............................................................42............................................139
                                                 ......................................... 6............................................175-176
    63.    Unsafe equipment............................................18, sec. 1................................44-45
    64.    Vacations..........................................................16.............................................189-194
    65.    Wages/part time...............................................22, sec. 5................................63-64
    66.    Wages/full time..................................................41, sec. 2...............................136-137
    67.    Wages/feeder mileage pay.............................43, sec. 3...............................144
    68.    Workers comp..................................................14, sec. 1.................................32-33

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