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By SCOTT BAUER Associated Press MADISON, Wis. September 15, 2012 (AP)
A Wisconsin judge on Friday struck down nearly all of the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.
Walker's administration immediately vowed to appeal, while unions, which have vigorously fought the law, declared victory. But what the ruling meant for existing public contracts was murky: Unions claimed the ruling meant they could negotiate again, but Walker could seek to keep the law in effect while the legal drama plays out.
The law, Walker's crowning achievement that made him a national conservative star, took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.
Dane County Circuit Judge Juan Colas ruled that the law violates both the state and U.S. Constitution and is null and void. He said the law violated the constitutional rights of free speech and association.
The ruling applies to all local public workers affected by the law, including teachers and city and county government employees, but not those who work for the state. They were not a party to the lawsuit, which was brought by a Madison teachers union and a Milwaukee public workers union.
Walker issued a statement accusing the judge of being a "liberal activist" who "wants to go back wards and take away the lawmaking responsibilities of the legislature and the governor. We are confident that the state will ultimately prevail in the appeals process."
Wisconsin Department of Justice spokeswoman Dana Brueck said DOJ believes the law is constitutional.
Lester Pines, an attorney for Madison Teachers Inc., said the ruling means all local governments, including school districts, are now required to bargain with employees covered by unions, just as they did before the law passed. Pines predicted the case would ultimately be resolved by the state Supreme Court. "What's going to happen in the interim is unknown," he said.
The proposal was introduced shortly after Walker took office in February last year. It resulted in a firestorm of opposition and led to huge protests at the state Capitol that lasted for weeks. All 14 Democratic state senators fled the state to Illinois for three weeks in an ultimately failed attempt to stop the law's passage from the Republican-controlled Legislature.
The law required public workers to pay more for their health insurance and pension benefits at the same time it took away their ability to collectively bargain over those issues. Walker argued the changes were needed to help state and local governments save money at a time Wisconsin faced a $3 billion budget shortfall.
"This is a huge victory for Wisconsin workers and a huge victory for free speech," said Democratic Assembly Minority Leader Peter Barca. "This decision will help re-establish the balance between employees and their employers."
Anger over the law's passage led to an effort to recall Walker from office. More than 930,000 signatures were collected triggering the June recall election. Walker won and became the first governor in U.S. history to survive a recall.
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A Labor Day Message from General President James P. Hoffa
This Monday, we pay tribute to the millions of dedicated men and women who make our world better and keep our country working. Each and every year, Labor Day is a time for reflection.
The American labor movement is responsible for many things we take for granted—the weekend, the 40-hour work week and anti-child labor laws to name a few. Today, our movement is reinvigorated and working for other profoundly important things: securing wages and benefits that working families deserve, the continued existence of the middle class, and respect and dignity for all working people. I’m proud that the 1.4 million members of the Teamsters Union are at the forefront of this effort.
But make no mistake, working families are being attacked and scapegoated like never before. Public employees are being blamed for bad economies. Pensions and health care benefits are demonized as excessive perks of the past while the richest among us enjoy tax rates that are some of the lowest in our nation’s history.
Corporate-backed politicians have mounted the most vicious anti-union attacks in memory. Government workers are being stripped of their collective bargaining rights. Right-to-work-for-less laws to destroy unions are becoming law in many states. And if Mitt Romney is elected president, he has promised a federal Right-to-work law as payback to his big business backers. If this scares you, it should. In fact, at this very moment the Republican National Convention is meeting in Tampa where there message seems to be, “The Middle Class Hasn’t Suffered Enough”. And if they have to take away hard-fought health care benefits, pensions and the rest of our social safety net to pay for tax cuts for the wealthiest people on the planet, that’s just what they’ll do—if we let them.
The ultimate goal of these extremist politicians is to further concentrate wealth and power in the hands of a few. These elite few may have the money, but we have the numbers. I urge you to fight back by getting involved. You can make a difference by talking to workers in organizing drives; attending rallies; urging politicians to support issues such as fair trade; voting for pro-labor candidates; and by becoming a member of DRIVE, our powerful political action committee. Be proud of our legacy, and tell others what it means to be in a union — solidarity, democracy, and respect. If we don't educate the public, no one will.
On this Labor Day, I ask you to get involved and build support for working Americans—Our country’s true everyday heroes.
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Good news from North Carolina! Gov. Bev Perdue ordered a task force yesterday to investigate the misclassification of workers (can you say FedEx Ground?).
According to a press release from the governor's office, the task force will "identify effective mechanisms to combat unlawful practices like employee misclassification that harm workers". It will strive to: (a) protect the health, safety and benefits of workers; (b) eliminate any competitive advantage currently enjoyed by businesses who violate the law; and (c) educate employers and employees regarding applicable legal requirements relevant to the practice of employee misclassification.
The task force was set up after the News Observer ran a series on how companies mis-classify workers to cheat the government of revenue.
Misclassification is part of a huge problem. A consensus among experts and labor organizers is that 30 percent of U.S. workers are freelancers, temporary workers, on contract, on call, or illegally defined "independent contractors."
That's according to a terrific story in Alternet that laid bare the precarious existence of temporary workers, the "precariat:"
These workers are often called the “precariat,” a combination of “precarious” and “proletariat,” because the traditional social safety nets for workers don’t cover them. They have no job security as they hustle from one gig to the next, and they often don’t know where their next job is coming from or when it will come. They very rarely get paid sick days or vacation. They don’t get paid extra for working overtime. They are usually not eligible for unemployment benefits. They generally have to pay both the worker’s and the employer’s share of Social Security taxes. They have to pay for their own health insurance...
FedEx Ground, for example, defines its 15,000 drivers as independent contractors, even though they drive company-assigned routes and must drive vans with the FedEx logo and color scheme.
“There are millions of Americans classified as independent contractors by the companies they work for, but effectively working as employees,” American Rights at Work (a Washington-based labor-rights nonprofit organization) said in a 2007 report on FedEx Ground. “These workers suffer the worst of both worlds: they toil without the protections and benefits of employees, yet are without the control over their work that true independent contractors enjoy.”...
The scam’s advantage for employers is that they don’t have to pay minimum wage or overtime, Social Security, Medicare, or unemployment taxes, or workers’ compensation. The result, the American Rights at Work report said, is that FedEx drivers not only make less money than those at UPS, who are permanent workers with a union; they also have to pay for gas and maintenance for their vans. Many lease vans from a company-approved supplier, Ruckelshaus says.
Read the whole article here.
Click Here to visit the FedEx Page
Related Article: Feds Take on Drayage Misclassification
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Organizing Victories at Western Refinery and RTD (Blue Bus)
Western Refinery
Huge news on the organizing front! The NLRB found the drivers and the warehousemen at Western Refining in Albuquerque to be an appropriate unit for collective bargaining and directed an election for representation. That election was held on June 28, 2012 and the employees voted in favor of being represented by the Teamsters. No objections to the vote were filed and a Certification of Representative was issued by the NLRB on July 6, 2012. The vote was close, however considering the hundreds of thousands of dollars that the company spent on a brutal anti-union campaign this result shows that workers can win and assert their rights if they stand united.
We want to personally thank all of the organizing committee members at Western Refining as well as all of the Teamster member volunteers, stewards, Local Union staff and IBT organizers who devoted a tremendous amount of time and energy to this campaign. Obviously the party is not over yet. We have scheduled contract proposal meetings with the Albuquerque unit and expect to begin negotiations soon.
A petition was filed for representation of the El Paso, TX drivers by Local 745 on July 9, 2012. We hope to follow that up with a petition for Gallup, NM very soon. In the meantime the trial regarding the company’s numerous unfair labor practices will resume the week of August 13th. Continue to talk the Union up whenever you see these Western drivers delivering or run across them up and down the road.
North Central Regional Transit District (Blue Bus)
We had another organizing victory on May 8th, 2012, in Northern New Mexico. The North Central Regional Transit District Bus drivers (better known as RTD - Blue Bus) voted to join Teamsters Local 492. RTD bus drivers covers Espanola, Los Alamos, Northern Pueblos, Santa Fe & Taos. We have had the contract proposal meetings with the drivers and are scheduled to begin negotiations on their first contract on July 17, 2012.
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Today, June 28th, 2012 was a momentous day for the drivers at Western Refinery in Albuquerque as they voted to join Teamsters Local 492!
This has been a long fought battle but the end result is these brave drivers, who have put up with a lot, are now proud Teamsters and will begin to build on this victory in Albuquerque to help their brothers in other cities across New Mexico and Texas, to become Teamsters as well.
The next step will be negotiations with the company to secure a good contract that these drivers absolutely deserve.
Our thanks go out to all of the Western Refinery drivers that helped with this campaign along with our members and the IBT for help with this organizing campaign.
Click Here to Read a related article by President Moises Ortega.
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In the wake of labor’s defeated effort to recall Wisconsin Gov. Scott Walker (R) last week, both pro- and anti-union pundits have opined that unions are in an all-but-irreversible decline. Privately, a number of my friends and acquaintances in the labor movement have voiced similar sentiments. Most don’t think that decline is irreversible but few have any idea how labor would come back.
What would America look like without a union movement? That’s not a hard question to answer, because we’re almost at that point. The rate of private-sector unionization has fallen below 7 percent, from a post-World War II high of roughly 40 percent. Already, the economic effects of a union-free America are glaringly apparent: an economically stagnant or downwardly mobile middle class, a steady clawing-back of job-related health and retirement benefits and ever-rising economic inequality.
In the three decades after World War II the United States dominated the global economy, but that’s only one of the two reasons our country became the first to have a middle-class majority. The other is that this was the only time in our history when we had a high degree of unionization. From 1947 through 1972 — the peak years of unionization — productivity increased by 102 percent, and median household income also increased by 102 percent. Thereafter, as the rate of unionization relentlessly fell, a gap opened between the economic benefits flowing from a more productive economy and the incomes of ordinary Americans, so much so that in recent decades, all the gains in productivity — as economists Ian Dew-Becker and Robert Gordon have shown — have gone to the wealthiest 10 percent of Americans. When labor was at its numerical apogee in 1955, the wealthiest 10 percent claimed just 33 percent of the nation’s income. By 2007, with the labor movement greatly diminished, the wealthiest 10 percent claimed 50 percent of the nation’s income.
Click Here To Read The Full Article
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Download:
What happens if America loses its unions.pdf
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Community and Civic Leaders Rally at La Michoacana
Press Contact
David White
(MODESTO, Calif.) – Today, hundreds of Teamsters, community members and politicians came to rally in support of workers fired by ice cream manufacturer Palateria La Michoacana, based in Modesto, but with distribution centers in Sacramento, Sunnyvale, Castroville and Gardena. Last month, the company fired long-time drivers, merchandisers, warehousemen and office staff just days before their election for Teamster representation were scheduled to take place.
“This action by Ignacio Guttierez, the owner of Palateria La Michoacana, was unlawful and we won’t tolerate it,” said Rick Middleton, Teamsters Vice President and Secretary-Treasurer of Teamsters Local 572 in Carson, Calif. “No man is above the law and these workers deserve justice.”
The workers at Palateria La Michoacana reached out to the Teamsters Union in February after the company announced to their workers that it was making record profits, but would be cutting the workers’ wages.
“I had experience from a prior job but I wasn’t getting a raise, that’s one of the main reasons I want a union,” said Ileana Herrera, an office worker in Gardena, Calif. “I want something better, I want respect.”
A five-year employee, Antonio Casillas delivered ice cream products to the Modesto area before he was fired. “When they came to us in February with the company report they said that they had to lower our wages due to a Department of Transportation requirement. This didn’t seem right and we immediately reached out to the union.”
Dolores Huerta, a founder of the United Farm Workers union, gave her strong support at the rally in order to show the workers that Latino people across the state were standing with them.
At the rally, hosted by Teamsters Local 386, 572 and 853, participants wore t-shirts emblazoned with artwork that said, “WANTED: Ignacio Guiterrez for Unlawful Acts Against Latino Workers” and carried matching rally signs.
Click Here To Read A Related Article
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Download:
Modesto Ice Cream Firm Fires Workers.pdf
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The 2012 NM Truck Roadeo held on May 5th was another success story for our Union Brothers that competed in the event taking home a combined total of 15 awards including first place in half of the categories, the Team Trophy (won by ABF) and also Driver of the Year won by Ronald Greenstreet of YRC (pictured). The Teamsters were represented by 4 companies this year; ABF, Sandia National Labs, TDI/UPS (Sara Lee), and YRC. Teamsters Local 492 would like to thank all 21 Teamster members who competed this year.
We would also like to thank the Teamster members/retirees that helped make the event run so smooth which include; Jim Wilcox (retired YRC) who was the committee chairman for course set up, Steve Limas (retired ABF) who was committee chair responsible for the starters, Jim Curtis (ABF) & Dan Medley (retired YRC) who were instrumental in the course set up, take down, and all around help, David Boyd (retired ABF) who was a starter, and Robert Aragon (retired ABF) who helped keep things rolling smoothly with his hostling skills, not to mention his great grill!
Finally, thanks to Randy Archer, Hoss Salehian, and Chad & Dennis Sullins for supplying the information for this article and all the great pictures (click here to view photos). If you have any photos you would like to share, let us know, click here.
Below is a list of the Awards and participants separated by company:
Ralph Garcia----------------1st in 4 axle for the 10th time
Michael Contreras----------1st in 5 axle for the 4th time
Gerald Benavidez-----------1st in Sleeper for the 2nd time
Charlie Estrada--------------1st in Flatbed
Chad Sullins.-----------------2nd in Twins
Robert Delgado.-------------3rd in Flatbed
Carl Marquez (rookie)------3rd in Sleeper
Jim Curtis--------------------Driver of the Month for March
Chad Sullins-----------------Driver of the Month for June
ABF won the Team Trophy for the 6th straight year
ABF also won the Fleet safety award over 5,000,000 miles
ABF’s other participants: Craig Arellano, James Morgan, Donnie Tafoya, Tito Torres, Kirk Weis and Don Wood.
Sandia National Labs
Kevin Romero competed in the straight truck
TDI/UPS Logistics (Sara Lee)
Brian Thais competed in the 3 axle and Jerry Trujillo competed in the 4 axle.
YRC
Jack Rojas-------------------2nd place 3 Axle
Frank Sandoval-------------3rd place Twin
Ronald Greenstreet---------Driver of the Month for September
Ronald Greenstreet---------Driver of the Year 2011
YRC’s other participants: Gilbert Gonzales, Andre Lobato and Matt Beaudet.
Click here to read last years Truck Roadeo Article
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Report From Moises Ortega:Business Agent, ORGANIZING:
Just about a year ago, we organized Pat Salmon & Sons, Inc., who is known locally as Elbar. They are a US Mail contract hauler. We were very close to completing negotiations on their first contract when the company closed the Albuquerque facility on April 16th with less than two weeks notice. We have filed unfair labor practice charges against Pat Salmon and are seeking a 10(j) injunction through the NLRB to force the company to return to the status quo until a determination can be made regarding their motives for the closure. We also are moving forward with a possible lawsuit in Federal District Court for violation of the WARN Act, as they did not give sixty days advance notice of closure. These drivers were patient and held together through the negotiation process, and now to lose their jobs to other mostly non-union terminals of the company is an insult. These drivers deserve better and this Local Union will do all in its power to get some justice for them.
8-09-2011 Update for Salmon&Sons(Elbar):
The hearing that was scheduled for August 2nd was vacated (canceled) by the NLRB due to the company agreeing to a settlement offer. There was not enough evidence to warrant the re-opening of the ABQ terminal; however the company is going to come back to the table to negotiate over the effects of the closure. Click Here to read a copy of the official Notice from the NLRB which will be sent to all former employees homes informing you about the negotiations. We still have the WARN Act notification violation to fall back on if we cannot get what we think you have coming through negotiations. We will keep you updated as we go through the process.
Business Representative Moises L. Ortega 505-344-1925 ex 14
6-25-2011-Update for Salmon&Sons(Elbar)
As of right now, a hearing is scheduled in front of an Administrative Law Judge on August 2, 2011 to attempt to enforce an order issued by the Regional Director of the National Labor Relations Board which forces the company to reopen its facility in Albuquerque and back pay the drivers. This is still going to be a long and ongoing process; however the Local Union is determined to follow this through to the end. The NLRB's findings are based on Unfair Labor Practice charges that the Union filed on behalf of the drivers. We will update information on this case as it becomes available on this web site. To read more, you can scroll down to the RMT entry by Moises Ortega.
In other organizing news, we are currently working to organize a group of tanker drivers. We had tried previously to organize this group, without success. However this time, we have strong support especially from the drivers who were around the first time and remember all of the broken promises. With plenty of inside help and strong committees, I feel very sure that we will be successful this time around.
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Download:
NLRB_Notice _Pat_Salmon&Sons.pdf
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We are pleased to announce that the Santa Fe City Council voted on February 29th, 2012, to approve the proposed Community Workforce Agreement. The vote was 7 to 0, in favor of the agreement, with one councilor abstaining.
This agreement means that all public works projects of $500,000 or more will be constructed by workers represented by our various NM Building and Construction Trades Council affiliates. This is the culmination of an ongoing process that was begun 20 months ago.
The City of Santa Fe's “Business and Quality of Life” committee first issued unanimous support for the Community Workforce Agreement proposal. This paved the way for the vote on February 29th. It was the third and final committee that has vetted the proposal. This will be virtually the first time a city of this size anywhere in the U.S. has approved a CWA of this type, (the ones before have all been large cities) and will mark the first step in the NM Building Trades overall strategic plan to do more of these around the state with various entities, including, cities, counties, tribes, etc.
Along with all of the people within the BTC who have worked to make this possible, we would like to thank Executive Director of the NMBCTC Ray Baca for all that he did to see this through.
This is the first piece of a strategic path toward making more of these agreements possible around the state with various municipalities, school districts, universities, and tribal entities.
To learn more about PLA's and CWA's, Click Here.
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