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Ballot Plans Target Unions
While a "right to work" initiative on the November ballot has labor and business groups girding for battle, two lesser-known proposals that could go before voters also have unions on alert.
Both of the initiative petitions are being pushed by the Independence Institute, a Golden-based organization that promotes free-market ideas.
One would ask voters to amend the Colorado Constitution to prohibit state and local governments from withholding union dues from employee paychecks. The other would ask Coloradans to pass an amendment that would prohibit unions that have collective-bargaining agreements with governments from making campaign contributions.
 Proponents have until Wednesday to submit the 76,047 valid signatures of registered voters to get the paycheck-deduction initiative on the November ballot. Signatures for the campaign-contribution measure must be turned in by Aug. 4.
"I'm confident we will have enough signatures to put them on the ballot," Jon Caldara, president of the Independence Institute, said of the two measures.
Targeting unions
The paycheck-deduction measure would allow governments to withhold money from an employee's check for only taxes, federal withholdings, court-ordered liens and garnishments, insurance and benefits, pensions, retirement plans and charitable deductions.
Caldara has said the initiative was not specifically aimed at unions, but while the proposal declares that "public payroll systems should not be utilized to benefit private organizations and special interests," labor groups say it's pretty clear who those organizations are.
"I think its (the initiative's) main target is the unions," said Jess Knox, executive director of Protect Colorado's Future, a coalition of unions and advocates fighting against the right-to-work initiative.
The Independence Institute's other proposal is ostensibly aimed at "sole-source contractors," or those where competitive bids or proposals are not taken. Governments sometimes do not take bids for jobs that are small enough that it is considered economically unfeasible to bid them or in cases where there are specialized types of services that few firms — or perhaps just one — can offer.
But the proposal adds labor unions that have collective-bargaining agreements with governments to the list of "sole-source contractors."
How are collective-bargaining agreements sole-source contracts?
As Caldara explained, "You're limiting government's ability to be creative and responsive to taxpayers by not entertaining other proposals" from organizations that want to represent workers.
Measure casts large net
The initiative says that the owners and officers of companies or organizations that have sole-source government contracts worth more than $100,000 cannot give political contributions to candidates or parties during the term of the contract and for two years after it ends.
And the measure says that the owners and officers' "immediate family" members — a class that ranges from spouses and children to nephews and in-laws — cannot give political contributions either.
 Meanwhile, if an elected official knowingly accepts a contribution from a contractor or a family member of one, he or she would be automatically ousted from office and barred from holding any future office or appointment.
Mark Grueskin, an attorney for Protect Colorado's Future, said the initiative violates free speech by banning unions representing government employees from giving political contributions.
But he also said the proposal could create a nightmare for candidates trying to comply with campaign-finance law.
"How do you know who your contributors are related to?" Grueskin asked.
Tim Hoover -- denverpost.com
Initiative 53: Ethical Standards for Public Payroll Systems
What it proposes: Amend the Colorado Constitution to prohibit state and local governments from withholding items such as union dues from employee paychecks.
Status: Awaiting approval of signatures to make 2008 ballot.
Initiative 59
What it proposes: Categorize unions that have collective-bargaining agreements with governments as "sole-source contractors," which then prohibits members (and their family members) from making campaign contributions.
Status: Collecting signatures for inclusion on 2008 ballot.
Teamsters for Obama Website
A Steward's Tools
Bob Newhouse
The following are some of the tools I find effective for being a steward at UPS.
 1. Establish relationships with management.
Much as you would like to berate, and punish your manager for their indiscretions, a quality business-like relationship will benefit you and your membership a great deal more than constantly being on the fight. While it doesn’t hurt to have an occasional go-round with them, a good relationship is key when it comes to the major cases.
2. Listen carefully.
Very often you will gain valuable information just by overhearing the conversations of others. (Yes they do it to You!) Casual comments in the office, or even in the guard shack can alert you to issues or information that may help you in cases you may be involved in. You can also pick up on the nuances of how one management person relates to another. This knowledge can be very valuable in trying to settle important cases.
3. Build a sense of trust between yourself, your union membership, and management.
It’s very simple. People won’t confide in you if they don’t trust you. You must respect the privacy of the individual be it a member you are representing, or a manager that is bringing you a problem. If you betray that trust, you may never get it back.
4. Regardless of your relationships, let all parties know in no uncertain terms that you will represent the union, and your members with everything you have.
To quote Teddy Roosevelt “speak softly, but carry a big stick”, or something like that. Everyone involved must understand that you are ready to fight. It’s the tool you must save for the right occasion, but it’s the tool you need to brandish on occasion.
Remember also that a fight in front of the membership is worth ten times more than a fight behind closed doors.
Insubordination
One of the most troubling and difficult issues for the shop steward is the issue of insubordination. Many contracts say in clear language that an employee can be disciplined and discharged for insubordination.
For employers, insubordination is considered one of the deadly sins, right up there with theft and violence. They will be hard-nosed and unforgiving on the issue. That is why for almost every discipline case involving insubordination arbitrators hold to the rule "obey now, grieve later."
But in the heat of an argument or in situations where a member may be provoked beyond all common sense, the thought of filing a grievance over the issue may be furthermost from their mind.
Let's go over some of the basics here. First, insubordination is usually defined as the failure by an employee to perform a task or comply with an order given to him or her by a supervisor. An arbitrator will usually look at an employee's compliance with a reasonable order as basic to the conduct of the employer's business. Arbitrators take the issue of insubordination very seriously and consider it a major infraction beyond the rules of progressive discipline.
Simply put, refuse a reasonable order and you can be discharged.
Life, however, is never that simple. There are a number of issues which must be taken into consideration in any insubordination case.
1. Was the employee given a direct order? Mere instructions, suggestions, and/or advice are not the same as a direct order. A smart supervisor will say in no uncertain terms, "I am giving you a direct order to complete that job."
2. Was the member aware that he or she was given a direct order? A member may not have understood that the language used by the supervisor was a direct order.
3. Was the language clear? For example, a member might be told to stop smoking. As part of their job, they may go to another location in the facility and light up another cigarette. Caught smoking a second time, the supervisor might discipline them for disobeying an order. But how clear was the original order? The employee might have thought that he had to stop smoking at his original work location only.
 4. Was the order audible? Many of our members work in very noisy locations.
5. Was the member given forewarning of the consequence of a refusal to follow the order? A smart supervisor will use words that clearly indicate a disciplinary consequence will follow the refusal to obey the order: "If you do not comply with my order, I will take you out of service."
6. Did the employee willfully disobey or disregard the order? Most cases demand that the refusal to follow an order be willful. A member may say that she was provoked by a supervisor, by abusive language for example. If a member comes to you with that kind of defense, you must dig down deep to find out why. In most cases, provocation is viewed by an arbitrator as a way of lessening the discipline, but not overturning it. An exception to this might be if the order was an affront to the basic dignity of the member. Racist or anti-union comments in the form of an order, for example, have no place in the shop and should be reported immediately to the union for action.
7. Was there an ongoing dispute between supervisor and member? If this can be documented over a period of time, the issue may be harassment. But to prove harassment, you need clear documentation from the member of instances where he or she was picked on.
8. Was the supervisor being unreasonable? The supervisor may have had a tough deadline to meet for production and a small incident set him or her off. The likely target becomes the member who just happens to appear in the cross hairs.
9. Was the order reasonable and necessary to the safe, orderly and efficient operation of the business? Did the order violate the contract, workrules, past practice, past arbitration decisions, or the law?
10. Did the member feel that complying with the order would endanger himself or herself and his/her coworkers? The right to refuse dangerous work is upheld by the Occupational Safety and Health Act. You must make your members aware whether they are covered by this language or state statute that is similar. If the work is unsafe, a member must report it and ask that it be made safe. Rather than an outright refusal, safer language might be, "I will comply with you request when the unsafe condition is corrected."
11. Was the member set up? This has happened often enough to make us suspicious of employer motives. If you are suspicious of the situation, make a thorough investigation. Check for witnesses and motive. Recreate the incident as accurately as possible.
12. Did the charge of insubordination arise out of the member executing his/her role as a union officer? If the member is a shop steward and got into a shouting match with the supervisor at a grievance meeting, the steward's conduct is protected. In cases of union duties, the steward or officer is an equal of management in labor-management issues and cannot be disciplined for exercising that role.
As a shop steward, you need to thoroughly investigate all charges of insubordination. In certain cases, you may be able to lessen the punishment, particularly if the employer is inconsistent in applying standards of behavior to your unit. But that means your local needs to keep excellent records. Also, a good work record may mitigate punishment in borderline insubordination cases.
The bottom line is that as a communicator, you must tell all members never to refuse a properly worded direct order. Check with a union officer before considering disobeying the order, even those health and safety orders. Lastly, a member can safely obey most orders and grieve later.
Reprinted courtesy of IBEW Local 1613
Best Union Member Website
My choice for the best member website has to go to
Cybersteward.net This site is put up by a Steward, Howard Hall, in Philadelphia. It's not a commercial site. It's one guy, like you or me.
Cybersteward.net is a perfect example of what one person can do with a little talent and effort. Howard Hall is a breath of fresh air.
Half Of Employers Have Frozen Pension Plans
WASHINGTON -- About half of employers with defined-benefit pension plans have frozen one or more of those plans, putting the retirement incomes of millions at risk, according to a government report made public Tuesday.
The Government Accountability Office said more than 3 million people covered by its study, which represented about a fifth of all participants in single-employer defined-benefit plans, are affected by freezes.
Most sponsors with frozen plans have set up retirement savings alternatives, such as 401(k) plans that may offset some losses, but "a freeze generally implies a reduction in anticipated future retirement benefits," the GAO said.
 "When companies freeze plans, older employees often experience huge benefit losses and younger workers are left to save for themselves," said Karen Friedman, policy director for the Pension Rights Center. "Congress needs to step up to the plate to develop solutions that encourage companies to preserve their employer-paid, guaranteed pension plans, not freeze them."
Employers often freeze pension plans as a step toward terminating those plans and replacing them with defined-contribution plans such as 401(k) plans. The GAO survey of 471 single-employer defined-benefit plan sponsors found that nearly a third ultimately expect to terminate their largest frozen plan.
A defined-benefit plan promises a benefit based on a formula that usually includes an employee's salary and years of service.
Under defined-contribution plans, employees have individual accounts to which employers and employees may contribute and benefits are based on contributions along with investment returns.
Employers have steadily been moving away from more costly defined-benefit plans in recent decades. The GAO said that from 1990 to 2006 plan sponsors have voluntarily terminated more than 61,000 sufficiently funded single employer defined- benefit plans. The Pension Benefit Guaranty Corp., the federal agency that insures private pension plans, currently covers 28,800 plans, down 65 percent from 15 years ago.
The survey found that about half the sponsors had one or more frozen plans. Nearly half of plans with a freeze, or 23 percent of all those studied, were in a hard freeze under which the plan is closed to new entrants and participants no longer accrue additional benefits. Other freeze variations may close the plan to new entrants but may retain or limit future benefit accruals.
The GAO said that large sponsors, those with 10,000 or more participants, were less likely to implement a hard freeze, with only 9.4 percent taking that step. Nearly three-fourths cited the impact on cash flows as a reason for freezing plans.
It said that very few sponsors envision "thawing" or unfreezing plans. About one-third said they will eventually terminate their largest frozen plans, while nearly half said they will keep the plan frozen indefinitely.
The Associated Press.
Where Our Pension Came From
Hoffa Rejects 'Drilling Our Way Out' of Energy Crisis
Big news from the Teamsters — yesterday General President Jim Hoffa announced a major shift in that union’s direction on energy and the environment:
Teamsters General President Jim Hoffa said today that working Americans hard hit by rising gas prices and a collapsing economy demand a comprehensive long-term program focused on exploring and developing alternative sources of energy as a solution to the crisis facing our country.
 “We are not going to drill our way out of the energy problems we are facing—not here and not in the Arctic National Wildlife Refuge,” Hoffa told labor and environmental activists at an Oakland, Calif., summit on good jobs and clean air. “We must find a long-term approach that breaks our dependence on foreign oil by investing in the development of alternate energy sources like solar, wind and geothermal power.”
Hoffa then announced the union’s withdrawal from the ANWR coalition, citing the need to build a green economy that fosters the development of alternative energy sources and creates good union jobs—instead of lining the pockets of big oil tycoons.
Hoffa also said that by investing in green energy solutions, the nation will reap the benefits of curbing its dependence on oil through a revitalized economy with the creation of millions of new jobs in a rapidly growing industry.
“Our economy is in shambles. Gas is climbing to $5 a gallon. The dollar has collapsed. Inflation is on the rise. Americans are seeing their paychecks shrink. Their family health care is being slashed,” Hoffa said. “Finding a long-term solution has a tremendous upside. It will be environmentally friendly and will serve as a much-needed boost to our sagging economy.”
Jason Lefkowitz
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
UPS Anti-Union Activity in Germany
McCain Proposes Tax Holiday for Beer Heiresses
Says Brewery Scions Could Lead Economic Revival
Presumptive Republican presidential nominee John McCain unveiled details of his economic policy today, telling an audience in Ohio that if elected he would support a real estate tax holiday for beer heiresses.
Sen. McCain said that his tax holiday plan could lead to a revival for the U.S. economy, arguing, "The key to this country's economic well-being has been and will always be those Americans with vast inherited brewery wealth."
The Arizona senator took great pains to indicate that the tax holiday would not be available to all brewery heiresses, "Just those with a net worth of over 100 million dollars."
Mr. McCain's real estate tax holiday proposal came on the heels of the news that his wife, presumptive First Lady nominee Cindy McCain, had failed to pay real estate taxes on her La Jolla, California home for four years.
But Sen. McCain was quick to dismiss speculation that his real estate tax holiday proposal was intended to help his wife, adding, "Anyone who is serious about fixing the U.S. economy would start with the engine of that economy, which as everyone knows is brewery heiresses."
Standing at Sen. McCain's side during his appearance, Mrs. McCain endorsed the real estate tax holiday and offered an explanation for her failure to pay four years' worth of real estate taxes.
"I guess it slipped my mind," she said. "Quite frankly, I've been busy coming up with totally original recipes for my website."
Borowitz Report
Best Union Blog
The Change to Win Connect site gets my vote for the
Best Union Blog on the web. It's up-to-date, it's informative, and it's well done. It has lots of links to other information and if you want to stay current with what's happening in the labor world, this is the site to read.
The U.S. government spends less on energy innovation "than the pet food industry invests in its own products."
Barack Obama
A Call to Arms
For a national AFSCME strike to fund public services by ending the war and taxing corporations and the rich
For a national AFSCME strike to fund public services by ending the war and taxing corporations and the rich
WHEREAS the war to control Iraq's oil has already cost over $500 billion, with long-term costs that include healthcare for veterans estimated to be at least $3 trillion; and
WHEREAS the rapidly deteriorating economy is forcing at least 28 states and many local governments to face budget cuts (many of them severe like California's $16 billion shortfall) which will slash funding for vital services such as healthcare for the poor and elderly, education, libraries, and parks; and
WHEREAS thousands of AFSCME members are threatened with lay offs as a result of these cuts; and
WHEREAS neither Democratic nor Republican state legislators or governors are proposing even modest tax increases on the wealthy or closing tax loopholes on big business in order to fill these funding gaps; and
WHEREAS the federal tax burden has steadily shifted onto workers, while the percentage of federal tax receipts from corporate income tax has gone from over 30% in the 1950s down to less than 10% today; and
WHEREAS over the last quarter century there has been an enormous concentration of wealth in fewer hands, with over 90% of the gains from economic growth going to the richest 10% of the population, and the richest 1% alone pulling in more than half; and
 WHEREAS working people across the nation--who are suffering from escalating unemployment, energy and food prices, and home foreclosures-
-cannot be expected to bear the brunt of the war and a worsening economic crisis: and
WHEREAS the Democratic controlled Congress has refused to end the war by cutting off funding for it, and will be averse to taxing their big business contributors in order to provide financial aid to state and local governments; and
WHEREAS the ILWU inspired workers around the world when they closed the west coast ports on May Day in protest of the war in Iraq and Afghanistan, prompting a solidarity statement from the General Union of Port Workers in Iraq that said, "a better world will only be created by the workers and what you are doing is an example and proof of what we say"; therefore be it
RESOLVED that AFSCME organize it's entire membership for a national strike to demand an end to the war in Iraq and Afghanistan, the immediate return of all troops, and the diversion of military spending to fund social and public services; and be it further
RESOLVED that this national AFSCME strike demand the taxing of corporate profits and the wealthy in order to provide funds for the following:
Massive grants of federal funds to state and local governments to stave off damaging cuts in services
Relief for the unemployed through an extension of unemployment benefits and large federal jobs programs to rebuild the infrastructure and construct more public housing: and be it further
RESOLVED the strike put forth other demands to alleviate the plight of workers caught in the grip of a worsening recession, including:
A national moratorium on foreclosures, utility shutoffs, evictions and public housing demolitions, as recently called for by the San Francisco Labor Council
Federal control over and the rolling back of prices for gas and home heating oil
Affordable, universal healthcare and prescription drug coverage; and be it finally
RESOLVED that AFSCME send this resolution to the AFL-CIO and the Change to Win labor federations and encourage them to mobilize for a general strike to achieve the same ends.
Approved by vote of the membership of WFSE/AFSCME Local 304 at its June 26, 2008 general meeting in Seattle, Washington.
Rodolfo Franco, President
Michelle Henry, Secretary
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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August 2008
