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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.

Teamster News Headlines
DHL Steps Back Into U.S. Package Delivery in Challenge to UPS, FedEx
Workers at Air Express International Vote to Approve New Teamsters Contract
Teamsters Local 502/CASA Statement Opposing School Violence, Arming of School Staff
Swissport Workers Join Teamsters Local 174
Teamsters, ABF Grapple with Detailed Economics
Standard Parking Cashiers Join Teamsters Local 251
Teamsters Local 17 Wins $160,000 Settlement, Reinstatement for Sheriff’s Deputy
Teamsters Local 284 Files Lawsuit Against Republic Services for Wage Violations
Teamsters: Joint Select Committee Must Follow Through on Pledge to Put Aside Party Politics to Find Pension Solution
Scholarship Program For Sons and Daughters of Teamsters
Contact Elected Officials!
Current Campaigns
  • 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.

  • Workers’ pensions are being endangered by both Congress and those charged with overseeing them. The Teamsters and our members are standing united to say “No!” to cuts and “Yes!” to greater retirement security!

  • The ‘Let’s Get America Working!’ campaign seeks to restore a dynamic and prosperous middle class to drive economic growth by helping to advance policy decisions that create and maintain good middle-income jobs, guarantee retirement security, expand access to the American Dream, and ensure that the benefits of the ongoing economic recovery are felt by the many, not just the few.

  • 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.

  • This web page provides information on the ongoing effort to renegotiate the North American Free Trade Agreement (NAFTA). Since 1994, NAFTA has devastated working families, putting corporate profits ahead of people.  What’s worse is that NAFTA has become the blueprint for all other trade agreements, from the way that it was negotiated in secret, to the bad provisions that have made their way into every agreement that has been signed since then.  Now, NAFTA is being renegotiated and we demand that it be reframed to work for workers instead of corporate interests.

  • The Teamsters have stood in solidarity with worker struggles in other countries since our founding. With economic globalization, our ability to organize increasingly depends on our ability to build alliances with workers on a global scale.
    More than ever, Teamsters are organizing and bargaining with multi-national companies. A key objective of our Global Strategies Campaign is to build strong alliances with unions around the globe who organize and bargain with common employers. Our focus is on workers in the emerging global supply chains – the infrastructure of globalization.
    Globalization creates new opportunities for international worker solidarity. We seek common cause with workers around the world to build social justice for all workers and the communities in which they live.

  • The contributions of black members to the success of the Teamsters Union are numerous, varied and as old as the union itself. This month, the Teamsters Union spotlights some of those contributions.

  • Connection Failure: This usually happens when the news feed URL is entered incorrectly.
What Is Card Check Neutrality?
Print Icon Oct 04, 2017

When a non-union employee approaches the Union for help, the Union will always give free advice on how the individual can possibly fix this issue they are having. Those that seek help are typically not only interested in their own personal issue, but will often ask if there is a possibility to unionize their work site. The Union will usually then look into how much interest there is in the “bargaining unit.”   

Despite what you made read or “hear”, Unions are not out there trying to force workers to join the Union. Unions simply fill the void by giving the workers a powerful voice at work and Unions answer the call when requested by the employees for help dealing with an employer that may not be treating them properly. It’s not about dues, it’s about helping workers have a collective voice. Yes, the dues/service fees are necessary because how else can any organization help anyone without funding. When looking in to the situation of the possible bargaining unit of the employee lodging a complaint, sometimes the Union will find out that there are only a select few employees having issues with the employer. In those cases, the Union just tries to advise the individual on their specific issue. If there seems to be a lot of interest with a majority of the employees in the unit, the Union will petition the NLRB for an election. If the company agrees to card check neutrality, the employer is agreeing not to interfere in the employees’ decisions about whether to join the Union, and the employees and the Union agree not to disrupt the workplace through strikes, picketing or boycotts. Unfortunately, the company will rarely grant card check neutrality because they do not want to give up any amount of control they have to their workers

Card Check and Neutrality

What is a “card count neutrality agreement,” and why is it more democratic than an election?

Growing numbers of workers and their employers are forming collective bargaining relationships by using “card count neutrality” or “card check neutrality” agreements.

Through card count, the employer agrees to recognize the Union as the official bargaining agent of the employees once a third party verifies that a majority of the entire group of employees has signed Union membership cards. The employer then agrees to begin negotiating for a first contract as soon as it recognizes the Union, avoiding prolonged legal delays.

Neutrality means that the employer agrees not to interfere in the employees’ decisions about whether to join the Union, and the employees and the Union agree not to disrupt the workplace through strikes, picketing or boycotts. In most card count neutrality agreements, binding arbitration is included to quickly resolve conflicts.

Wouldn’t an election be more democratic?

The card count is an election, and Union authorization cards are the “ballots.” Employees elect to have the Union represent them by signing an agency agreement—the same way people usually appoint their representatives, such as attorneys.

It might seem that a National Labor Relations Board-sponsored election would be the most democratic means of deciding the question of unionization. But these elections for Union representation, characterized by intense anti-union campaigns, are not like other types of elections because of the inherent coercive power an employer holds over an employee, i.e., the power to deprive a person of his or her livelihood.

This imbalance of power is unparalleled in any other type of election in our society. Even if the employer does not expressly threaten employees with adverse consequences if they support the Union, employees can’t help but be aware of this possibility any time an employer makes known his opposition to unionization.

Recent laws against sexual harassment illustrate this workplace dynamic. These legal decisions recognize that it can be inherently coercive for a supervisor to say or do certain things in the workplace (such as ask a subordinate out on a date) which if done in another context might be considered quite innocuous. Because a supervisor has power over a subordinate, the subordinate implicitly understands that the supervisor may retaliate in some way if a request is refused.

With respect to unionization, the Supreme Court observed as long ago as 1940, that “[s]light suggestions” of employer preference have a “telling effect among men who know the consequences of incurring that employer’s strong displeasure.”1

According to one of the world’s premier human rights organizations, American Union representation elections under the National Labor Relations Act do not adequately account for this imbalance of power, and thus fail to provide a fair democratic process for workers to exercise their right to form a Union.

A recent report from Human Rights Watch entitled Unfair Advantage: Workers’ Freedom of Association in the United States Under International Human Rights Standards, lays out four major problems with U.S. labor law:2

1. Millions of workers are excluded from protection when exercising their right to associate. “Workers who fall under these exclusions can be summarily fired with impunity for seeking to form and join a Union. Even where the employer does not fire them, workers’ requests to bargain collectively can be ignored.”

2. Protections for workers covered by the law are inadequate.
U.S. labor law covering elections fails to meet international human rights standards because it allows actions with coercive effects to be used against employees. “Under U.S. law, employers and consultants have refined methods of legally “predicting”--as distinct from unlawfully threatening--workplace closures, firings, wage and benefit cuts and other dire consequences if workers form and join a trade Union.”

3. When the laws are broken, enforcement is weak.
“[T]he board’s authority to seek injunctions to halt employers’ unfair labor practices, however egregious and destructive of workers’ rights such practices might be, is only discretionary and is rarely used by the NLRB... [A]buses should carry a meaningful price so that remedies and sanctions have a deterrent value.”

An employer who illegally fires key Union supporters often succeeds in breaking an organizing drive. Even if the fired employees succeed after years of litigation in proving that their employer was motivated by anti-union animosity, all they will collect is back pay minus any interim earning or what the NLRB thinks they should have been able to earn from substitute employment. Many employers consider this a cheap price to pay for breaking a Union organizing drive.

4. The NLRB election process is full of legal delays. “Long delays in the U.S. labor law system confound workers’ exercise of the right to freedom of association.”
• Before the election: “[T]he election can be held up for months by employer-initiated disputes over which workers should be eligible to vote in the election as part of the ‘appropriate bargaining unit.’”
• After the election: “...[T]he employer can then undertake what is called a ‘technical refusal to bargain’ to obtain judicial review of the NLRB’s decision... A technical refusal to bargain forces workers and the NLRB to launch a new case, this time an unfair labor practice complaint against the employer’s refusal to bargain. The new case often requires years more to resolve in the courts.” By contract, our nation stood transfixed as the outcome of the last presidential election was delayed only several weeks.

In a Union representation election, the choice the workers make is whether they will be represented at all and, if so, by what Union. They are deciding about representation at the bargaining table in direct negotiations with their employer.

If an employee were to sue his or her employer, the law would never tolerate interference by the employer in the worker’s choice of an attorney. Yet, in the case of an NLRB election, the procedures used for workers to select their representative at the bargaining table allow employers to use their tremendous inherent advantages to campaign for a no vote.

A fair and constructive alternative

It has not always been so. The Wagner Act of 1935 (the National Labor Relations Act) established the NLRB. The original standard for a fair recognition process was that the debate about whether or not to establish a Union was exclusively among the employees. Any anti-union statement by an employer was considered an unfair labor practice.
For many years before the enactment of the NLRA and persisting after it was passed, there were several means of determining majority support among employees: counting the membership cards, examining a roster of members, essentially “any other suitable method.”

Employers later began to insist on NLRB elections because it gave them an opportunity to campaign against the Union and to use the court system to delay recognizing and negotiating with Unions.

The NLRB election process is often called the “traditional” method, but it is much more recent than card count and has not been the way that most collective bargaining relationships in the United states have been established, both before and after the NLRA came into existence.Card count neutrality agreements are the fair and appropriate method of determining if employees wish to be represented by a Union. They permit workers to express their wishes without undue influence from their employer. They allow the parties to avoid the extended, often bitter, and wholly unfair election process. Human Rights Watch observed, NLRB elections too often involve intense, acrimony-filled campaigns marked by heated rhetoric and attacks on the motives of both employers and Union advocates. The bitterness of a representation campaign can poison chances of a mutually beneficial bargaining relationship.

Experience demonstrates that where workers and employers can agree to use card checks that genuinely reflect workers’ free choice, with safeguards against coercion by management, by Union representatives or by coworkers, they can combine the benefits of freedom of choice and a mutually respectful relationship that carries over into collective bargaining. Public policy should encourage the use of voluntary card-check agreements as an alternative means of establishing workers’ majority sentiment and collective bargaining rights.

The Dunlop Commission Report also noted “card check agreements build trust between Union and employer and avoid expending public and private resources on unnecessary election campaigns. Such agreements are a classic example of potential or former adversaries creating a win-win situation for themselves.”3

Recent card count neutrality agreements

In recent years, more employers and Unions have returned to the use of card count agreements as a way to respect employees’ right to organize and establish positive management-labor relations.

At the University of Washington, the Administration agreed to recognize the Graduate Student Employee Action Coalition immediately upon verification of signed cards of a majority of graduate employees. Other employers who have agreed to card count neutrality agreements include: Kaiser Permanente, U.S. Steel, AT&T, Safeway, Anheuser-Busch, UPS and Hilton hotels.

Other types of employees using such agreements include: Nurses, doctors, electricians and other skilled tradespeople, auto workers, communications workers, hotel and casino employees.

Card-count recognition has long been recognized as a valid method for determining employees’ choice not only under the National Labor Relations Act, but under the Railway Labor Act and public sector collective bargaining laws. In Canada, the law in nine of the ten provinces and that governing federal labor relations not only permits but requires this form of recognition.

And employer neutrality and card count procedures are fully consistent with the NLRA, which declares that it is the policy of the United States “[to encourage] the practice and procedure of collective bargaining and [to protect] the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.”4

1. International Association of Machinists v. NLRB, 311 U.S. 72 (1940).
2. All quotations from Human Rights Watch are from Unfair Advantage: Workers’ Freedom of Association in the United States Under International Human Rights Standards, August 2000. 
3. Commission onthe Future of Worker-Management Relations, “Report and Recommendations,” 1994, p. 20.
4. National Labor Relations Act, sec. 7, 29 U.S.C. sec. 157.

March 18, 2018
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