August 12, 2007: Election Appeals Master Kenneth Conboy has issued a decision that could result in a victory for Teamster democracy. The decision is a blow against retaliation aimed at Teamsters who run for IBT office. The decision questions the legality of Hoffa’s firing of Dan Virtue and Carlos Ramos last January.

The firings came days after the 2006 IBT Election was certified, an election won by Hoffa’s slate against the reform slate headed by Tom Leedham and Sandy Pope. Virtue ran on an independent slate, along with Joint Council 73 president Don DiLeo, for Eastern vice president. Ramos supported Virtue.

The Election Supervisor investigated the firings, after Virtue and Ramos protested, and found that every reason offered by the Hoffa administration for the firings was bogus. Hoffa’s staff, in particular Executive Assistant Leo Deaner, made up one lie after another to justify the firings. Former Freight Director Phil Young and Freight Director Tyson Johnson testified that Virtue did an “excellent” job as Eastern Region Freight Coordinator. But the Election Supervisor ruled that since the election was over, Hoffa could fire him for any reason he wanted.

On appeal, Conboy sharply disagreed, and endorsed arguments advanced in Virtue’s appeal and by attorney Barbara Harvey, who represents TDU in the case. Judge Conboy has asked the U.S. Attorney to submit an opinion on this matter, and the U.S. Attorney has agreed to do so by Sept. 12. Some time after that a final decision is expected.

Virtue’s appeal made this powerful argument: “To allow this blatant discrimination to stand will no doubt have a chilling effect on democracy within our union. Potential future opposition candidates will have to look no further than how the Election Appeals Master handles this case in order to know whether or not they are truly free to exercise their right to run for office or nominate candidates without fear of systematic retaliation by an incumbent administration.”

That sums up why Teamsters for a Democratic Union will continue to fight for this principle, to protect the rights of all Teamsters.

You can read Judge Conboy’s decision here.

August 10, 2007: In one of James R. Hoffa's last interviews before he disappeared in 1975, he was asked what the priority should be for the Teamsters Union. His reply: "I'd reinstate some additional organizers for the purpose of having master contracts. There's no way unions can survive without master contracts."

His words still ring true. Our master contracts, and even the unity of our pension plans, are under attack from global corporations. Some in the International Union headquarters as discussing how to go along. Fortunately, thousands of DHL Teamsters are discussing how to defend and expand our master contracts.

DHL Teamsters, stewards and some local officers have continued to take united action since they forced Hoffa to call off negotiations with DHL on the sell-out draft agreement. Across the country, DHL Teamsters are organizing to defend and expand the National Master Freight Agreement standards.

• The great majority of Pittsburgh Local 249 DHL Teamsters sent Hoffa a signed postcard calling for Brad Slawson to be replaced as bargaining chair and stewards to be included in bargaining. Click here to download the postcard.
• Petitions have come in from many stations, from Monterey California Local 912 to Cleveland Local 407.
  
• Over 200 DHL Teamsters in Oakland Local 70 asked their secretary treasurer, International Vice President Chuck Mack, to send a letter to President Hoffa voicing their determination to defend the contract and include stewards in bargaining. Click here to download Mack’s letter.
  
• In San Francisco Local 85 members circulated a letter expressing their position. Click here to download their letter.

And the movement is growing. From Portland to Boston, from Dallas to Los Angeles, Teamsters are spreading the word, distributing bulletins, and building a united movement.

Hoffa sent a letter to all locals calling them to Detroit for an August 21 “summit” on the DHL situation. He has promised to junk the sell-out contract negotiated by Brad Slawson, but continues to retain Slawson as chair of bargaining. All the more reason for all DHL Teamsters—including those in the white paper contracts in New York, Chicago, Upstate New York, Baltimore and elsewhere—to unite to fight for a strong master contract that brings all DHL Teamsters up to the NMFA standards.

Some union officers are trying to soften DHL Teamsters up for givebacks by parroting the company line that DHL needs concessions to be competitive in the U.S. market. This is baloney. For many years, DHL’s competitor UPS lost money in Europe and used its profits from the U.S. to subsidize its European operations, in order to operate globally. DHL wants to expand their operations in the world’s biggest market, the USA. Teamsters will give them high quality work, but we will not give away our master contract.

DHLers now just launched their own on-line forum. Check out www.dhlteamsterforum.com. This is an independent forum for all DHL Teamsters to exchange ideas and information.

What do you think should happen next to defend strong Teamster standards at DHL? Click here to send us your opinion.

Click here to print this article for other DHL Teamsters.

Click here to join the network of DHL Teamsters working to defend our contract.

August 3, 2007: DHL has a goal: “structural changes in DHL’s labor contracts to more appropriately reflect the fact that DHL is a small package delivery company.”

Those words come from Labor Relations Vice President Patricia Burke, in a recent memo in response to TDU’s website.

You can read the management memo by clicking here.

Let’s translate that management-speak to Teamster-talk: they want to bust down conditions, and “restructure” the workforce with a flood of low-wage part-timers. They want a UPS-style contract. (But they don’t want to pay the $28.50 per hour that a UPS package car driver makes.)

Remember the Draft National Agreement, which rank-and-file power got shelved: it has language that all existing full-timers would be “red-circled by name” as our only protection against being forced down to part-time. That one line told us a lot about what they want, and what the International would agree to.

Burke goes on to tell management personnel to “stay close to the script” and tell Teamsters that DHL “never has, and would not now” be part of the NMFA bargaining.

It’s true that DHL has not been part of Trucking Management Inc (TMI) that bargains the NMFA with the Teamsters, but our union has also never let DHL get away from the NMFA contract language and standards.

Rank-and-file power shelved the Draft National Agreement. But DHL management isn’t going to give up on busting the NMFA and demanding concessions. Management has a plan.

We need a union plan.

• Stewards should be invited to the national meeting of locals to approve bargaining demands and strategy (as happened in the past). Stewards should be at the bargaining table.
• Slawson should be replaced as bargaining chair by an officer who represents DHL Teamsters, and has to answer to them.
• No less than the NMFA, and no white-paper contract.
• No increase in the number of part-timers. Protect good Teamster jobs.
• Use Teamster power to organize DHL’s non-union sectors.

Stay informed and help build unity. Click here to join the network of DHL Teamsters working to save the NMFA.

Read the Draft National Agreement and the Draft Pick Up and Delivery Supplement.

Got a question or a comment about DHL negotiations? Click here to contact TDU, or call (313) 842-2600.

August 2, 2007: Truck drivers will return to the 10-hour maximum driving time on September 14, unless the trucking employers are successful in getting the court to stay its July 24 ruling.

In a victory for truck drivers and highway safety, the court threw out the Federal Motor Carrier Safety Administration’s (FMCSA) revised rules that allow 11 hours driving time, and a 34-hour restart. All other aspects of the revised hours of service regulations, including the 14-hour maximum on-duty time, remain unchanged.

The American Trucking Associations, representing UPS, YRC, FedEx and numerous other trucking operators, is lobbying the FMCSA to ask the court for a stay. Their real goal is to get a long delay, and then have the FMCSA go back to the court and again attempt to impose the 11-hour driving rule. To date the FMCSA has not stated whether or not they will seek a stay.

It may not be likely that the court will grant a long delay. This is the second time that the US Court of Appeals in Washington has unanimously struck down these two regulations. The first time, in 2004, the employers got Congress to pass a law imposing the revised hours of service regs on an interim basis. With the leadership change in Congress, and with the second defeat in court, this avenue for delay is very unlikely. So, even if the FMCSA goes to court for a stay, they may get either a short delay or no delay at all in the Sept. 14 implementation date.

Unfortunately Teamster carriers, especially Roadway, realigned their operations on the shaky foundation of an 11-hour rule that was illegitimately established and under legal review. Come September, they may be turning up the truck speeds or making other adjustments for some of their runs.

Click here for Public Citizen’s statement.

Click here for the court’s decision.

August 2, 2007: Thanks to a federal appeals court, an administration attempt to allow long-haul truck drivers to add an extra hour to their already long day has been overturned.

The court said the government provided insufficient evidence for lengthening the drivers' days from 10 to 11 hours.

Click here to read the full story in the Stamford Times.

August 1, 2007: TDU supplied the ammo, and now Teamsters from coast-to-coast are shooting down the sell-out of DHL Teamsters. And they won’t stop shooting till this monster is dead.

Today we received the good news that the deal has been stopped, at least for now. The Hoffa administration saw that the Draft National Contract was dead-on-arrival because it would never get approved by the members, and today called off negotiations and sent the local officials in Washington home early.

Rank-and-file power has won this round. But the battle for a good contract has only started.

On July 26, TDU made available to DHL Teamsters the Draft National Contract that would pull DHL out of the National Master Freight Agreement (NMFA) and give the company its long-sought white paper contract. And the draft contract was a stinker.

Teamster members, stewards and local officers are taking action. They continue to contact TDU, and are starting to network with each other. Petitions are circulating in DHL stations. Calls have poured into the Marble Palace. Stewards have called meetings to inform members.

That’s how we won this round.

On Monday, July 30, DHL union reps from various locals arrived in Washington for negotiations. Hoffa sent International Rep Ed Keyser to meet with them to try to put the fire out. Keyser stated that maybe the Draft Contract needs to be improved (!).

Hoffa’s assistant Brad Slawson, the person most responsible for this mess, didn’t show up till Wednesday, August 1. Slawson has been on the phone telling stewards and members that the Draft Contract doesn’t exist, that TDU made it up. (Earth to Brad: no one believes you.)

By the end of the day on August 1, the International suspended negotiations and sent the local officials home, with the statement that the Draft National Contract would be scrapped and a meeting would be held soon in Detroit with all affected locals, to start over. Stewards should be invited to that meeting, as they were in the previous DHL bargaining.

This movement now has to grow fast to prevent the return of the monster, and to lay the basis for a contract that protects our jobs and also uses our Teamster Power to organize the large non-union DHL sectors.

DHL Teamsters who want to get the latest news and learn what can be done, should contact TDU today. Call (313) 842-2600 or click here to send a message.

Download the bulletin, “Don’t Let DHL Pull Out of the NMFA”

Download the petition, “Preserve the NMFA at DHL”

Read the Draft National Agreement and the Draft Pick Up and Delivery Supplement.

Stay in the loop. Click here to join our DHL network.

August 1, 2007: Congress has passed new provisions strengthening “whistleblower” protections for truck drivers.

The new rules, part of the new anti-terrorism legislation, strengthen various whistleblower laws, including the employee protection provisions of the Surface Transportation Assistance Act ("STAA").

The STAA, originally enacted in 1982, protects employees who file complaints with the Department of Transportation or their employers about violations of commercial vehicle safety regulations. TDU was instrumental in the passage of the law.

The STAA also protects employees against discipline or discharge if they refuse to drive in violation of a commercial vehicle safety regulation. However, in the past the STAA has provided no right to jury trial and required complaining parties to litigate their claims within the United States Department of Labor, where cases can drag on for years.

Here are improvements in the new law:

• Punitive Damages. In the past, a truck driver or other complainant under the STAA was only able to recover compensatory damages such as back wages, along with reinstatement to his job, attorney fees and court costs. In very serious cases, the new legislation allows someone who successfully prevails in a wrongful discipline or discharge claim to seek and recover up to $250,000 in punitive damages. This may deter some carriers from retaliating against a driver who refuses to drive in violation of hours of service regulations or refuses to operate unsafe trucks and trailers.


• Burden of Proof. The new legislation lowers the burden of proof for truck drivers and other parties who file claims with the Department of Labor under the STAA. The law specifically applies the proof burden required for whistleblowers in the airline industry such as pilots and airplane mechanics. This law provides that a claimant may prevail if he shows that his legally-protected activities were a motivating factor in the employer's decision to retaliate.


• Protection from Retaliation for Logging Accurately. The new legislation amends the STAA to specifically prohibit retaliation by an employer against drivers because those drivers accurately record their on-duty time, which would also include driving time. The new law also protects individuals who are perceived as being persons who are about to blow the whistleblower on an employer about violations of commercial vehicle safety regulations.


• Jury Trials in Federal Court If DOL Fails to Act. Under the existing law, a truck driver or other complainant under the STAA must litigate his case solely within the structure of the Department of Labor. Complainants start with OSHA, which rules in favor of the truck drivers less than 10 percent of the time. A truck driver can then object and have a hearing before an administrative law judge of the Department of Labor. After the ALJ rules, the DOL's Administrative Review Board acts as an appeals court with the Department. The Board has sometimes taken 2 1/2 to 3 years to decide cases.
  
  The new law allows complainants under the STAA to pull their case from the Department of Labor and litigate it in a United States District Court if the Department of Labor fails to rule on the claim within 210 days after filing. If the complainant chooses to proceed in Federal District Court, he is entitled to a jury trial. This may provide a useful approach in some cases where the DOL fails to act.

This legislation is a victory for whistleblowers within the trucking industry. Drivers and trucking safety advocates have been working for these changes for years. Special thanks go out to Adam Miles and Tom Devine of the Government Accountability Project and to my client and friend John Simon, who obviously touched a few hearts and motivated a few Congressional Representatives to take some action to address the concerns of truck drivers.

By Paul Taylor, attorney-at-law. Contact Paul at paul.taylor [at] truckersjusticecenter.com.

Get the STAA Handbook.
This handy, clearly written guidebook is a roadmap to understanding and using one of the most effective tools available to transportation industry workers to enforce truck safety. 114 pages. $8.00 each; $6.00 each for orders of five or more.

Click here to order your copy.

July 25, 2007: DHL Teamsters are uniting to save the national contract. Download the Draft Contract that would gut members’ rights and find out how you can help keep DHL in the NMFA.

For years, DHL has wanted to bust out of the NMFA and cut its own deal that includes part-timers like UPS—and other sweetheart terms favorable to the company. Our union has always said NO. But now, the International Union is negotiating a back room deal with DHL to get more dues-paying Teamsters in return for letting the company scrap the NMFA.

The time is now for DHL Teamsters to speak up and defend our contract. Fortunately, many Teamsters and local unions are doing just that.

Members across the country are circulating an informational bulletin and a petition to “Preserve the NMFA at DHL.”

DHL and the IBT have already started bargaining, with no input from members or locals. It's far from over but the draft contains plenty to be worried about, including:

• Part-Timers: The Draft Contract opens the door to a flood of part-timers, guaranteed just 15 hours a week. This could be a death sentence for good jobs at DHL. The Draft Contract includes this language: current full-timers would be red-circled by name and not forced down to part-time. Some protection that is!
• A two-page list of reasons that you can be immediately fired: The final is a catch-all loophole that would let DHL fire you for just about anything.
• A weakened grievance procedure: A company-based panel would be set up with only DHL management on the other side. Innocent until proven guilty would be eliminated and so would our Right to Strike on deadlocked grievances (“the hammer.”)

You can help save our contract. Get informed. Spread the word. Tell our International Union to save our contract.

Download the bulletin, “Don’t Let DHL Pull Out of the NMFA”

Download the petition, “Preserve the NMFA at DHL”

Read the Draft National Agreement and Draft PUD Supplement.

July 10, 2007: Bloomberg News: By David Mildenberg -- United Parcel Service Inc., the biggest employer of Teamsters members, said some of the union's locals are using a "campaign of deception" in an attempt to organize the company's freight-hauling unit.

"Some locals across the country have been telling employees there will be a Master Teamster Agreement, accompanied by regional supplemental agreements for UPS Freight," Jack Holmes, the unit's senior vice president of operations, said in a June 28 letter to its employees. "This is also not true."

The union is seeking to extend its contract from one UPS Freight facility in Indianapolis, where 125 workers have accepted representation, to the 15,000-employee unit's other 200 sites. Atlanta-based UPS, the world's largest package-delivery company, already employs 238,000 Teamster-represented drivers, clerks and sorters and is in contract talks for those workers.

"UPS might be trying to play some hardball and doing some posturing here," said Victor Devinatz, a professor of management at Illinois State University in Normal, Illinois, who does research on labor relations and union organizing.

Ken Hall, the Washington-based union's chief negotiator with UPS, said in an e-mail that "our members are disgusted by these vicious anti-union attacks. Jack Holmes has obviously violated our agreement not to negotiate in the press. Unless UPS retracts the letter sent to their UPS Freight employees and disavows this tactic of negotiating through the press, we would be happy to respond in kind."

Close to the Vest

UPS and the Teamsters have guarded details since the talks began in September, which typically is the best approach, said Michael Belzer, an associate professor at Wayne State University in Detroit who studies trucking-industry labor relations. The current UPS-Teamster agreement runs through July 2008.

"My general maxim is that when the press starts writing about labor negotiations, something is wrong," Belzer said. "You get locked into positions that you may not want to be locked into."

UPS spokesman Norman Black confirmed the Holmes letter, posted yesterday on the Web site of Teamsters for a Democratic Union, a group often critical of the union's leadership.

"Though most Teamster locals across the country have acted responsibly during the past few months, a few have chosen to begin a campaign of deception in hopes of gaining your support," Holmes said in the letter.

Overnite Legacy

UPS Freight includes the former Overnite Corp., a Richmond, Virginia-based trucking company that UPS bought for $1.3 billion in August 2005. During the previous decade, the union engaged in a largely unsuccessful effort to organize Overnite workers.

"Evidently when they purchased Overnite, UPS also purchased Overnite's union-busting legacy," said Hall, director of the Teamsters' parcel and small package division. The unit had 2006 sales of $1.83 billion, or 3.8 percent of UPS's $47.5 billion total.

Wages and benefits accounted for 60 percent of UPS operating expenses in the first quarter, compared with 43 percent at FedEx Corp., the second-largest U.S. package-delivery company.

Teamsters President James Hoffa is being pressured by members who want a tougher stance against UPS, which earned a record $4.2 billion last year. Hoffa said yesterday that he was optimistic about reaching an early agreement with the company on a new contract. He declined to give details of the negotiations.

"While the Teamsters are playing patty-cake, UPS is kicking the union in the butt,'' said Ken Paff, the national organizer for Teamsters for a Democratic Union. "UPS will provide high wages to their full-time workers, but they also want 100 percent domination of work rules."

UPS shares fell 36 cents to $74.04 at 4:28 p.m. in New York Stock Exchange composite trading. They have declined 9 percent in the past year.

July 18, 2007: The International Union has requested all freight Local Unions to hold Contract Proposal Meetings by August 3, and to submit proposals to be received in Washington by August 13.

We encourage all freight members and stewards to take the time to submit proposals. A copy of the form to use is attached. (There is one form for the master (Articles 1-39) and one for the supplement). You can make copies to submit one proposal on each, and to get fellow Teamsters to do the same.

These proposals may be turned in to your local union by August 3 or mailed directly to the IBT.

The International Union has given very little time for this process, in the middle of the vacation season. Despite that situation, we urge members to use this opportunity to get involved now.

The forms are attached. Indicate the Article you want to change, or write “NEW” if proposed new article.

If sending directly to the IBT, send to Jim Kimball – Economics and Contracts Dept, Teamsters Union, 25 Louisiana Ave N.W., Washington, D.C. 20001.

Click here to download an NMFA Contract Proposal Form.

Click here to download an NMFA Contract Proposal Form for a proposal for a supplement or rider.

What Are Your Proposals for the NMFA?

The TDU Freight Network is gathering proposal ideas so that we can choose a targeted number of key issues to rally around.

We won’t win everything. But united, the rank-and-file can make an impact on next year’s NMFA bargaining by holding our negotiators’ feet to the fire on our key demands.

Click here to send us your comments and proposals, on national or supplemental language.