February 21, 2008: Just before downsizing operations in the U.S., YRC found the money for expansion in China.

YRC Logistics will spend close to $70 million to acquire Shanghai-based Jiayu Logistics. Jiayu is an LTL carrier with 1,800 employees and 3,000 vehicles.

February 21, 2008: The next round in the fight over drivers’ hours of service rules is likely to come at the end of 2008 or in January 2009, before the Bush administration leaves office. That will be when the Federal Motor Carrier Safety Administration (FMCSA) will likely issue their final rule to try to maintain the 11-hour drive time and 34-hour restart provision.

A change in federal administration could mean a change in policy on the controversial move to extend driving time.

Those rules have twice been overturned in court, in 2004 and again in 2007, thanks to action taken by Public Citizen. It is expected that Public Citizen will challenge the rule again, at the same Court of Appeals.

Until then, Teamsters and all DOT-regulated drivers will continue to work under the “interim” rules that retain the 11-hour drive time and 34-hour restart.

February 21, 2008: Die-hard Freight Teamsters swallowed a bitter pill when the National Master Freight Agreement (NMFA) was approved by a two-to-one margin.

When the most concessionary freight agreement in history was first proposed, freight Teamsters were shocked by the givebacks. That shock turned to anger and a nationwide Vote No movement.

In freight locals across the country, working Teamsters rejected the contract, including New Jersey Freight Local 641, Worcester Local 170, Philadelphia Local 107, Pittsburgh Local 249, the Central Pennsylvania Region, Atlanta Local 728, Cleveland Local 407, Youngstown Local 377, Cincinnati Local 100, Detroit Local 299, Milwaukee Local 200, Rockford Local 325, Seattle Local 174, Portland Local 81, and San Francisco Local 85, and more.

The opposition to the NMFA concessions cut across our union’s political lines. In reform locals and Hoffa strongholds, tens of thousands of freight Teamsters said No to the givebacks and Yes to uniting to defend our contract.

But when the final ballots were tallied, Yellow-Roadway and ABF got what they wanted: utility employees, part-time dock workers, outsourcing road work to carriers who aren’t covered by the NMFA and more.

Why the Contract Passed

Why would the contract pass by a wide margin in some locals, and be defeated in others?

After all, freight Teamsters everywhere understood that the concessions gave away decades of struggle by our union. And the International Union mounted the same sales job everywhere to convince Teamsters that the concessions were necessary to keep the corporation competitive.

So why did the vote tally vary so widely from local to local?

The answer is that in some areas, Teamster members believed their solidarity would make a difference. They saw their fellow Teamsters speaking out and passing out Freight2008 bulletins. They sensed a commitment that other union members wanted to stand up to employer takeaways, not lay down and say “nothing can be done.”

They had the same fear that others had, but they voted No for the future because they saw enough members around them taking a stand, and they wanted to be part of that kind of union solidarity.

“Freight Teamsters in Milwaukee cast an informed vote because of the information we got from TDU and the Freight 2008 website. That’s what made the difference,” said Darryl Connell, an ABF Teamster.

“Local 200 members knew what the problems were with this contract. We saw our fellow Teamsters standing up and we voted the contract down,” Connell said.

We needed to strengthen that network of freight Teamsters who are sharing information and standing united. Where we had it, the contract was rejected. During the short period that the International Union allowed for contract discussion, that movement grew. But not fast enough.

The positive side of this story is that over 1,000 freight Teamsters participated in the Freight2008 network. We need to continue to keep in touch, to reinforce each other, to build a national army of freight Teamsters who are willing to work together to rebuild our union’s power.

A Turning Point

Some freight Teamsters say this marks the end of the line for the National Master Freight Agreement. We don’t think so.

But the wholesale concessions in the 2008 Freight Agreement does mark a turning point—and point to two possible futures for our Teamsters Union.

The Hoffa administration stands for leveling the playing field in our industries by bringing us down toward the nonunion level.

Teamsters for a Democratic Union and the Freight2008 network believe we can defend and improve our contracts and benefits—by mobilizing the power of Teamster solidarity and organizing the nonunion competition into our national contracts and benefit funds.

“I called my business agent to see where the local stood on the contract. He told me they were recommending a Yes vote. That one call convinced me that I needed to join TDU,” said George Roussopoulos, a 28-year Teamster and Local 294 member at USF Holland.

“I’m done playing games. We can’t throw away what our union built up. We need to stand up for the next generation and I’m prepared to do my part,” Roussopoulos said.

The future of our union is at stake. Our brightest days can be ahead of us if we work together. Let’s do it.

February 13, 2008: The Department of Transportation is violating the law and endangering the public's safety in proceeding with a pilot program to allow Mexican trucks to deliver goods throughout the United States, a coalition of labor, environment, and civic groups argued Feb. 12 in oral arguments before the U.S. Court of Appeals for the Ninth Circuit (Sierra Club v. Dep't of Transp., 9th Cir., No. 07-73415, oral argument 2/12/08).

The three-judge panel of the Ninth Circuit took under advisement arguments on whether to grant an injunction to shut down the DOT Federal Motor Carrier Safety Administration's one-year program to permit 100 Mexican trucks to travel into the United States.

"The agency has said it is continuing to spend funds even though Congress said you can't spend the funds to establish a program," said Jonathan Weissglass, a partner with Altshuler Berzon, representing the groups seeking an injunction to halt the program.

The International Brotherhood of Teamsters, Sierra Club, Public Citizen, Environmental Law Foundation, and Brotherhood of Teamsters, Auto, and Truck Drivers Local 70 last August asked the Ninth Circuit to block the pilot program (168 DLR A-1, 8/30/07 ). The court denied the petitioners' emergency motion to stay two days later but granted their motion to expedite hearings (171 DLR AA-1, 9/5/07 ). DOT began operating the cross-border trucking program Sept. 6 (174 DLR A-11, 09/10/07 ).

Meaning of Omnibus Bill Provisions Disputed

Congress passed legislation--the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, Iraq Accountability Appropriations Act (Pub. L. No. 110-28)--that would require that the pilot program be in place three years before the border was fully opened and set criteria for the program.

The president Dec. 26 signed an omnibus spending bill containing provisions shutting down funding for the program (247 DLR A-8, 12/27/07 ; 243 DLR A-14, 12/19/07 ).

Mexican trucks have been allowed to travel up to 25 miles across the border since 1982 but the program permits truckers to drive into the U.S. interior. Before 1982, there were no restrictions on Mexican trucks, said Irene M. Solet, an attorney on the Department of Justice Civil Division appellate staff.

Solet argued that the bill prohibited establishing a program, not continuing the pilot that already had begun. Congress in bills with funding restrictions used the phrase "establish or implement," whereas the provision about the pilot program said "establish."

The transportation secretary, Solet said, "made a good faith interpretation of the statute" to continue the pilot.

Judge Dorothy W. Nelson, meanwhile, said that the "Congressional intent is unambiguous. The intent was to shut down the program."

Mexican Safety Regulations Questioned

The program is aimed at complying with North American Free Trade Agreement cross-border trucking provisions, which have been delayed because of safety concerns.

"The issue in this case really revolves around safety," Weissglass said.

Paul Cullen Sr., with the Cullen Law Firm in Washington, D.C. representing the Owner-Operator Independent Drivers Association, argued that truckers in the United States who have driving violations, such as for drunken or reckless driving, lose their commercial drivers license. There is no parallel regulation in Mexico, Cullen said.

Further, Cullen said, "the question here is what are the standards we are going to impose ... The agency announced it will accept compliance with Mexican law and standards" when it lacks to authority to change or alter standards under which the trucks enter the United States.

DOT is "tampering with regulations. They are allowing Mexican trucks to come in here," violating statutory law, Cullen said. The trucks, Cullen said, are "in deplorable condition."

DOJ Cites U.S. Inspections of Mexican Trucks

But Solet said the trucks are inspected by the DOT in Mexico. The United States conducts comprehensive pre-authorization safety audits on the motor carriers participating in the pilot, she said.

And once the trucks reach the U.S. border, Solet said, border agents interact with the drivers to confirm they have a valid commercial driver's license, a valid inspection within three months, and ensure they are sufficiently conversant in English. Drivers and vehicles that do not meet those standards "should be stopped at the border."

FMCSA Administrator John Hill in a statement said government attorneys "are delivering strong, sound arguments in support of the Department's initiation and continuation of a program that gives U.S. truck drivers opportunities to compete and succeed in a market they've never before been allowed to enter while ensuring the safety of our highways."

Hill said Teamsters President James Hoffa "is spending truckers' hard-earned money in an effort to deny them these opportunities for new earnings, to inflate the cost of goods and services families depend on and to perpetuate an inefficient shipping system along the border that spews needless pollution into states like Texas, Arizona and California."

Statistical Issue

While the pilot program would allow 100 cross-border trucks, the number of participants has dropped from 13 carriers and 58 trucks from Mexico to 12 carriers and 42 trucks, Weissglass said. "There's no way there's going to be a true test" with statistical validity "which is what Congress wanted."

The small number of participants "means that the pilot program is a sham," Weissglass said.

Judge Andrew Kleinfeld questioned whether the petitioners wanted more trucks on the road. Weissglass said the number of trucks is too small to be statistically valid.

Judges Kleinfeld, Nelson, and Michael Daly Hawkins took the case under advisement with no indication when the court would rule.

Jonathan Weissglass of Altshuler Berzon in San Francisco argued for the petitioners. The government was represented by Irene M. Solet of the Justice Department and Peter Plocki, senior trial attorney for the DOT.

By Joyce E. Cutler

February 10, 2008: Most of the 39,000 votes on the NMFA have been counted, and the national contract is passing by nearly a 2-1 margin.

The joint company-union campaign of fear and despair convinced most freight Teamsters that they had to accept it.

In many areas, the majority said No. These include some of our stronger locals, such as Detroit Local 299, Cleveland Local 407, Cincinnati Local 100, Milwaukee Local 200, Rockford Local 325, New Jersey Freight Local 641, Atlanta Local 728, Seattle Local 174, Portland Local 81, San Francisco Local 85, Philadelphia Local 107, Pittsburgh Local 249, and the Central Pennsylvania region.

Click here to view the local-by-local results.

Nor Cal Supplement Rejected

The supplemental agreement for Joint Council 7, covering Northern California, was rejected. In addition, the Carolina shop and mechanics supplement was also rejected. Thus the NMFA has not yet been ratified. Those supplemental agreements will need to be improved and then resubmitted to the rank and file for approval.

Most freight Teamsters believe in solidarity and Teamster power. They want to say No to concessions and moving backward. But that sentiment was not strong enough to defeat the all-out campaign for concessions, which convinced members that the present IBT leadership would not negotiate anything better.

The positive development has been the growth of a national network of freight Teamsters who want to build a stronger Teamsters Union in freight and trucking. Teamsters for a Democratic Union and Freight2008.org will continue to be a source of information, communication and inspiration for Teamsters in the heart of our union.

Click here to view the vote count results.

Concerned Teamsters in TDU will keep working to rebuild Teamster Power in freight. Click here to send a question, comment, or message to Teamsters for a Democratic Union and Freight2008.

The vote count for the national freight contract has completed, and preliminary vote results are available.

Click here to view the preliminary vote count results.

January 30, 2008: In good news for DHLers, industry publications report that DHL “vows to stay in the United States” despite calls by some Wall Street analysts to sell its U.S. operations.

In a statement, DHL made it clear that the United States is “strategically important” to its global business strategy and the company is not going to back off of its $3 billion investment in the United States—including more than $1.2 billion in infrastructure and distribution.

DHL emphasized that the company’s “high performance in our other regions depends on strong presence in the United States. Because of our U.S. presence, we have been able to provide the platform that allows Latin America, Canada, Asia and Europe—where we have strong market positions—to be able to export and import with confidence into the U.S. market.”

DHL is backing up its words with its wallet. The company recently announced a new kiosk network at Walgreen’s—a move that Traffic World calls “another nod toward its American commitment.”

The International Union played up Wall Street’s concerns in its latest DHL Update to try to soften up Teamsters to accept the concessions that chief negotiator Brad Slawson has already agreed to at the bargaining table.

Click here to read International Softens Up DHLers for Concessions.

January 30, 2008: As expected, ABF management has signed a "me-too" to be bound by the National Master Freight Agreement (NMFA).

The ABF me-to means we will retain a united freight contract. This outcome was never really in doubt. The International Union said all along that it would hold ABF to the NMFA—just like it did when other companies including Yellow tried to break away.

The International Union cynically tried to take advantage of member’s opposition to ABF’s attempted pension grab by telling ABF Teamsters to send a message to the company by voting for concessions in the proposed National Master Freight Agreement.

That concessionary offer is still out for a vote. If it is rejected, then Teamsters at both Yellow-Roadway and ABF can send our negotiators back to the table to win improvements. That would send a real message to management that we are determined to defend our union standards in freight.

Lessons of the ABF Showdown

ABF wanted to break out of our national contract and benefit plans. They failed.

The lesson of the ABF showdown is clear: Just because a corporation wants a separate and substandard deal doesn’t mean we have to give in.

When we stand united, we have the power to stop companies from inking substandard deals or breaking out of our national contracts and benefit plans.

Our union needs to apply this lesson now in bargaining with UPS Freight and DHL.

Click here to download informational bulletins and Vote No leaflets from www.freight2008.org.

Click here to read additional stories at www.freight2008.org.

Click here to send a message to the TDU freight network.

January 30, 2008: About two weeks after launching a major nationwide organizing campaign to represent truck drivers and dockworkers at UPS Freight, International Brotherhood of Teamsters has gained the support of bargaining units covering about 3,200 workers, or about 25 percent of the company's 12,600 eligible employees, union officials told BNA Jan. 29.

A majority of workers at 24 of the company's 91 freight terminals have signed authorization cards designating the Teamsters as their collective bargaining agent, according to IBT spokesman Galen Munroe. IBT to date has forwarded about 90 percent of the signed authorization cards to an independent arbitrator for verification as part of an IBT-UPS Freight card-check agreement reached last year that provides for union recognition without National Labor Relations Board-supervised elections, the union said.

Since announcing earlier this month that a majority of workers at seven of the company's New England trucking terminals had signed union authorization cards (12 DLR A-7, 1/18/08 ), the union said that it has attained authorization cards from workers at 17 more terminals across the country.

UPS Freight, a unit of United Parcel Service, has not formally recognized the union yet at any of the new sites, Ken Hall, director of the union's parcel division told BNA. But the union leader said he did not anticipate any problems, and that formal recognition of IBT bargaining units would begin soon.

No Contract Talks Scheduled Yet

UPS Freight spokesman Ira Rosenfeld confirmed Jan. 29 that no formal recognition had been extended to the union at any of the sites announced by IBT since the new organizing drive was launched Jan. 16.

Before the new drive, UPS Freight had recognized IBT as the bargaining agent for employees at only one of the company's freight terminals, Rosenfeld said. The company recognized IBT as the collective bargaining agent for workers at its Indianapolis terminal last year and quickly negotiated a first contract to cover those workers, he said (196 DLR A-7, 10/11/07).

Rosenfeld said he had no information on the schedule for recognition at the new sites or the beginning of bargaining toward first contracts.

Numerous Bargaining Units

Munroe said the union had collected authorization cards from a majority of workers at 17 other terminals since the union announced the beginning of the drive with the proposed designation of a single bargaining unit at seven New England terminals.

Those 17 terminals are located in Memphis, Tenn.; Detroit; San Leandro, Calif.; Tukwila, Wash.; Los Angeles; Fontana, Calif.; Commerce, Calif.; Rialto, Calif.; Minneapolis; Milwaukee; Louisville, Ky.; Lexington, Ky., Farmingdale, N.Y.; Newburgh, N.Y.; Atlanta; Lawrenceville, Ga.; and Marietta, Ga., Munroe said.

Hall said the union would seek to negotiate separate contracts for different bargaining units according to local conditions. In some cases, the union will seek to negotiate a single contract at an individual terminal, such as in Memphis, which is one of UPS Freight's largest individual terminals. But in other cases, the union will seek to negotiate a single contract to cover multiple smaller terminals in the same geographic regions, such as in New England, he said.

January 30, 2008: The "Vote No" campaign on the freight contract plus the new organizing at UPS Freight could be a one-two punch to protect Teamster standards in freight.

The proposed freight concessions and the substandard UPS Freight contract in Indianapolis are blows aimed at the heart of Teamster Power: the National Master Freight Agreement. But there is hope yet for union standards in our industry—thanks to a nationwide Vote No campaign and the growing movement of UPS Freight workers to join our union.

Thousands of UPS Freight workers are signing union cards. When UPS Freight is organized nationally, our union will have the bargaining leverage we need to bring the company under the National Master Freight Agreement.

The question is: can we get the Hoffa administration to use that bargaining leverage to build Teamster power in freight?

Right now, our International Union is committed to negotiating conditions and benefits at UPS Freight that are substandard to the NMFA. They have called the substandard contract in Indianapolis the “template” for the future.

But the contract in Indianapolis only covers 125 Teamsters—less than one percent of UPS Freight’s workforce. It is only logical that our union will have more bargaining power when we represent the company’s 15,000 employees. Shouldn’t we use that power to demand more than what was won in Indianapolis?

The International Union does not even intend to negotiate a national contract at UPS Freight. Instead, chief negotiator Ken Hall says he will negotiate a series of local and regional agreements. How will that maximize union power?

The International Union says we need to give Yellow-Roadway concessions so it can compete with competitors like UPS Freight. Thousands of freight Teamsters have a different plan in mind.

The first step is to vote down the concessionary deal with Yellow-Roadway.

The second step is to pressure our International Union to launch a campaign to win a strong National Master Freight Agreement that also covers UPS Freight.

Instead of slashing our contract standards to UPS Freight’s level, let’s bring UPS Freight’s substandard wages, benefits and working conditions up to ours.

Read more at Freight2008.org.