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Janus vs Fair Share Fees

Janus vs. Fair Share Fees The organizations financing the attack on unions’ ability to represent workers Written By EPI  Over the last decade, a number of cases attacking the rights of public-sector union members have been quietly working their way through the courts and, finally, up to the U.S. Supreme Court. The most recent of these challenges is Janus v.
Download: Fair_Share_Fees&Janus.pdf

Teamsters at Working People’s Day of Action

Working People’s Day of Action in Albuquerque Today Saturday, February 24, New Mexico stood with thousands of working people across America as workers unite and demand an end to a system and an economy that’s rigged against us by the wealthy and powerful. Hundreds showed up at Nob Hill and viewed the Teamster Joint Council #3 Truck as the backdrop for the event.


TEAMSTERS MAKE PROGRESS THIS WEEK AT ABF NEGOTIATIONS This week, the Teamster National Freight Industry Negotiating Committee (TNFINC) and ABF Freight resumed bargaining for a new national collective bargaining agreement and the Union reported progress on some of the issues. The current agreement is set to expire on March 31, 2018.
Download: abf_update_feb_16_web.pdf

Teamsters 492 Training Classes

Teamsters Local 492 will be conducting a Forklift Safety Certification Class (1 Day Course) and will also hold separate classes for OSHA 10 (2 Day Course) along with the Haz-Com/GHS (3 hour refresher). Only online registration will be accepted, to register, Click HERE.

2018 NM Film Week Schedule

Film Week starts tomorrow with the Tune Up Tuesday mixer from 5:30-7 pm at the Hotel Santa Fe. Representative Bill McCamley will be present to discuss the NM House Labor & Economic Development Committee's options around the incentives program.
Download: 2018_Film_week_schedule.pdf

NM Looks to Attract More Film Jobs

SANTA FE, N.M. (AP) — Democratic state lawmakers want to eliminate New Mexico's annual $50 million cap on film incentive spending but the future of the proposal is unclear amid Republican opposition.

ABF Negotiations Get Started

Teamsters, ABF Address Non-Economic Issues As Negotiations Kick-Off The Teamsters National Freight Industry Negotiating Committee (TNFINC) met with ABF this week to start negotiations for a new ABF National Master Freight Agreement (NMFA) that would take the place of the current agreement which is set to expire on March 31.

YRC to Pay $1 Million for Exceeding Rail Max

Company Exceeded Permissible Amount of Freight That Can Be Diverted The Teamsters Union has won a $1 million settlement on behalf of YRC Freight’s road drivers. The collective bargaining agreement with YRC Freight limits the amount of over-the-road freight that can be put on trains or hauled by non-bargaining unit personnel. The Teamsters Union monitors those amounts.

XPO (Con-way) and The Teamsters – History

XPO (Con-way) & The Teamsters – History    As some of you may remember, non-union Con-way was created by CF-Consolidated Freightways in 1983. CF shutdown in 2002 while Con-way somehow continued to operate.

492 Election Results 2017

As most of you know, there was an election held today for your Local 492 Union Officers. There were a total of 515 ballots counted. Thank you to all of you that took the time to mail in your ballots. The results can be found below. Secretary-Treasurer Walter R.

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  • This Web page provides the latest updates for the national contract, riders and supplements that cover about 3,500 Teamsters at DHL Express.

  • We Are eXPOsing XPO’s Global Greed

    XPO Logistics is a top ten global logistics and transportation company with annual revenue of $15 billion and 89,000 employees, another 10,000 workers classified as independent contractors, and thousands more working for firms that subcontract with XPO. We are the REAL workers at XPO Logistics worldwide exposing the truth about the company’s global greed, illegal wage theft, unsafe conditions, and abhorrent and vicious anti-worker, anti-union tactics. 

    This greed includes mistreating former Con-way Freight workers in the United States who are being kept in the dark about terminal closures and layoffs, and the company’s illegal refusal to bargain contracts and denying their workers’ federally protected right to organize. It also includes port, rail and last-mile drivers around the country and in Southern California fighting wage theft in excess of $200 million because they are misclassified as independent contractors and denied the right to form their union. This greed has caused numerous lawsuits and strikes.  Greed also means an unsafe workplace and mistreating its warehouse employees.

    XPO’s greed extends to Europe beginning with breaking its promise to not layoff any workers for at least 18 months. French workers and the unions have been fighting back against XPO’s disrespect, lies and attempts to slash jobs. Similar struggles are taking place in Great Britain, Spain, Belgium, the Netherlands, and across Europe.

    Join the worldwide struggle now! Get involved with this campaign by joining the Facebook group “XPO Exposed.”

    Together, we can eXPOse the company’s global greed and win fairness, respect and dignity for tens of thousands of XPO employees around the world!

  • This page provides the latest contract information to the 7,500 Teamsters—drivers, dockworkers and office staff—employed by ABF Freight System, Inc.

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  • This webpage provides information on the Teamsters Union’s legislative advocacy at both the federal and state level as well as our field activity to support those policy positions and to get strong labor candidates elected to office.  Among other resources, you will find our federal legislative scorecard, formal statements of policy position and communications to Capitol Hill,  a weekly update on federal legislative happenings, an overview of bills we are tracking at the state level, and quick links to take action on priority issues.

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Janus vs Fair Share Fees
Updated On: Feb 26, 2018

Janus vs. Fair Share Fees

The organizations financing the attack on unions’ ability to represent workers

Written By EPI 

Over the last decade, a number of cases attacking the rights of public-sector union members have been quietly working their way through the courts and, finally, up to the U.S. Supreme Court.

The most recent of these challenges is Janus v. AFSCME Council 31, which the U.S. Supreme Court will hear on February 26. If the court rules for Janus, it will likely have the most significant impact on workers’ freedom to organize and bargain collectively in 70 years.

Janus is the third case to come before the Supreme Court in five years involving public-sector unions’ ability to collect “fair share” (or “agency”) fees. As this report will show, Janus, and the two fair share cases that preceded it, did not grow from an organic, grassroots challenge to union representation. Rather, the fair share cases are being financed by a small group of foundations with ties to the largest and most powerful corporate lobbies. These organizations and the policymakers they support have succeeded in advancing a policy agenda that weakens the bargaining power of workers. In Janus, these interests have focused their attack on public-sector workers—the workforce with the highest union density.

We examine the core group of organizations financing this litigation. By tracing the origins of these legal challenges, and explaining how the challenges target unions, we show that challenging fair share fees in the courts appears to be part of a broader billionaire-financed agenda to weaken unions and shift power away from ordinary workers.

How fair share fees prevent “free riding”

A union is required to represent a nonmember worker who is mistreated by the employer as the nonmember pursues a costly grievance process, even if it costs the union tens of thousands of dollars. Fair share fees enable the union to charge nonmember workers for the right to access that service if they need it. Without the ability to collect fair share fees, the nonmember worker could access these expensive representation services without having paid a dime.

Workers who choose not to pay union dues also receive the higher wages and benefits that the union negotiates on behalf of its members. Eliminating fair share fees encourages “free riding”: workers paying union dues see coworkers who are paying nothing but getting the same benefits, and they decide to leave the union and stop paying union dues. Public-sector unions have worked for decades to protect the rights of the teachers, nurses, firefighters, police officers, and other public servants that communities depend on. Taking away unions’ ability to collect fair share fees—while they are nonetheless required to provide services and representation to nonmembers—would threaten the very existence of unions by weakening their financial stability.

The possibility that workers could decide not to pay for the union benefits they receive if fair share fees are outlawed does not mean that they do not value these benefits. This proposition was explained in an amici curiae brief to assist the Supreme Court in understanding the free-rider problem at issue in Janus v. AFSCME, which was signed by 36 distinguished economists and professors of economics and law, including three Nobel laureates. The scholars explained that the free-rider problem is a well-established concept in economics. In particular, the brief shows it is widely accepted that if an individual chooses not to pay for a resource provided to him or her for free, it does not mean the individual does not value the resource, and that when individuals who benefit from a resource do not pay for it, the resource will be underprovided.

For example, as the brief points out, a recent union recertification election in Iowa revealed that a majority of workers in the bargaining unit voted in favor of continuing to be represented by the union, even though most of them also opted out of paying fair share fees. A recent change in Iowa state law requires public-sector unions to hold a vote and be recertified before each new contract negotiation, and recertification requires not just a majority of those voting but a majority of all workers covered by the collective-bargaining agreement—union members and nonmembers alike. Since Iowa state law already prohibits fair share fees in public-sector unions, the nonmembers are not required to pay fair share fees, even though they are covered by and benefit from the union’s contract.

In October 2017, the election results for AFSCME Iowa Council 61 revealed that 83 percent of all employees covered by the union’s collective-bargaining agreements voted in favor of recertifying the union.5 Only 15 percent of the workers failed to vote, and only 2 percent voted against the union. Yet a mere 29 percent of workers who are union members pay all of the costs of the union’s collective bargaining—despite the fact that the vast majority of employees agree they benefit from, and affirmatively voted for the union. The remaining 71 percent of the workers in the bargaining unit are free riders, in that they are covered by the union contract but are nonmembers and do not pay any fair share fees because Iowa’s law prohibiting fair share fees allows people to obtain the benefits without paying for them.

Click here to read the full report


March 19, 2018
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