UPS Ballots are Out
May 30, 2013: The ballots for the UPS national contract are out, and some members received them today. In the next few days they will be received across the country.
Now is the time to talk about the contract, distribute information, and encourage fellow Teamsters to vote.
Your access to complete contract coverage and leaflets are available here. Don't just get the PR from the IBT, get the information and make your own decision.
The vote count will be conducted by an independent supervisor. Rank-and-file Teamsters will observe the counting of the ballots.
You can read the IBT's notice of contract referendum here. Note that duplicate ballots can be requested through your local union, which can fax requests to the IBT on or after June 7. If you don't get a ballot, or need a duplicate, be sure to contact your local union.
You can read more on how the contract vote works and our rights here.
UPS Tries to Buy "Yes Vote" in Louisville
May 29, 2013: UPS is offering Teamsters in Louisville Local 89 a bribe. Vote Yes and get a $1,000 check!
The Louisville Air Rider Bargaining Committee is demanding pay for all time worked, more full-time jobs and job protections.
UPS ducked these demands by going behind the back of the Local 89 bargaining committee and getting Hall and Hoffa to mail out its "final offer."
Local 89 is recommending a No Vote on the contract and the Air Rider which covers Worldport, the company's worldwide air hub.
So the company is offering a one-time $1,000 bonus for all 9,300 UPS Teamsters in Lousiville. $9.3 million sounds like a costly bribe, but to UPS this is chump change to sell a cheap contract.
Management's Cover Story
Local 89 has demanded, in line with the federal Fair Labor Standards Act, that workers be paid for the time waiting for UPS's shuttle and travel on it.
In today's PCM, managers read a script which states that the $1,000 is "payable to all Local 89-represented employees who are eligible to vote on the contract," and they call it a "Shuttle Incentive."
It is actually a "Vote Yes Incentive." The bonus has nothing to do with shuttle pay. A part-timer hired next year would get exactly zero "shuttle incentive" for four years of unpaid time!
Hall's Hate Mail
Ken Hall also mailed a letter to all Local 89 UPS Teamsters— conveniently received the exact same day as UPS's bonus offer—attacking the local union over part-time dues.
It's enough that the International union, for political reasons, has failed to back Local 89's bargaining demands. Hoffa and Hall don't have to go from bad to worse by doing the corporation's PR dirty work for them too.
A contract is a serious matter. It should be debated, pro and con, on its strengths and weaknesses. Bribes, threats and dirty tricks have no place in our union. They weaken us by dividing and alienating the members when we should be coming together to take on the company.
Healthcare Giveback Stirs Backlash
May 24, 2013: Ken Hall vowed UPSers would not pay for our healthcare.
But under the tentative agreement, 140,000 UPSers would be moved into an inferior plan that will force them to pay a lot more for healthcare.
Just a few months ago, Teamsters turned out across the country in huge numbers to attend rallies and chant, "No way, we won't pay!"
Now healthcare concessions has gone from uniting Teamsters against UPS to uniting many members against the contract.
Opposition to the healthcare givebacks has run especially high in locals where both full-timers and part-timers would be moved into the Central States TEAMcare plan.
This includes Pennsylvania, New Jersey, Indiana, Illinois, Iowa, Michigan, Minnesota, Nebraska, most of Ohio and Missouri, Southern California, and the Southwest.
TEAMcare would mean more deductibles, higher Rx costs, limited dental coverage, and higher co-pays on everything from ERs to lab tests, MRIs and procedures.
Members opposed to the cuts have passed out bulletins and FAQs put out by Make UPS Deliver at UPS and at contract meetings.
In Philadelphia Local 623, members printed up their own Vote No T-shirts and have flooded the air hub there.
"It feels good to walk around the second largest air hub in the U.S. and see nothing but Vote No T-shirts," said Local 623 member Bobby Curry.
A "Vote No on UPS Contract" Facebook page has connected 2,000 followers who are getting active around the healthcare concessions.
Some Western locals and New Jersey Local 177 got an extension to Nov. 1 to find an alternative plan. But they get the same reduced money from UPS to pay for coverage, which is less than members' current plan costs.
Any alternative to TEAMcare would only have to match the benefits in Central States TEAMcare, not the current plan.
UPS is making $5 billion a year and Teamsters were promised no concessions.
Why did the International Union agree to healthcare cuts?
"It seems ridiculous that a company earning record profits can't maintain what we already have," said Roger Austin from Local 215 in Evansville, Ind. "They seem to have forgotten they negotiate for us, not themselves."
Technology Harassment and "Dishonesty"
May 24, 2013: When it comes to technology harassment and dishonesty, the new contract offers more of the same.
The company's ability to fire an employee for "dishonesty" solely based on information from technology is largely unchanged in the new contract.
The IBT claims UPS must now "confirm information from GPS by direct observation or other corroborating evidence."
But the contract makes a clear exception if UPS accuses a Teamster of "dishonesty."
The IBT also claims that, "No employee will be discharged based solely on information received from GPS unless the person intentionally defrauds the company."
But the contract already says you cannot be fired based solely on information from technology unless you "intend to defraud the company." The "intend to defraud" language is not new and it has not protected Teamsters from discharge.
UPS has fired drivers for "dishonesty" and "falsification of records" for recording an attempted delivery on a missed package, sheeting a residential delivery as a closed commercial stop, recording air when they're not at the stop, and other practices that are commonplace and sometimes encouraged by management.
Such discharges have nothing to do with stealing but they have been repeatedly upheld under the "intent to defraud" language.
The new language would now state that you must commit an "intentional" act where you "intend to defraud the company."
If a driver makes an isolated mistake, the language may help protect them from termination depending on enforcement. But the new language will not stop UPS from using technology to fire drivers on trumped up charges of dishonesty.
Click here to read more on this issue.
Harassment and Excessive Overtime
By Steve Kelly, Local 252, Olympia, Wash.
Throughout negotiations, we heard big talk about harassment. I was honestly shocked at the skimpy results.
As a shop steward, the new language does nothing for me.
We've been able to make the company pay 9.5 grievances. The biggest problem with the 9.5 language is getting loads adjusted.
We were looking for new language that would make UPS adjust our loads and address understaffing.
What we got is so watered-down it's pathetic. If you win three paid 9.5 grievances in five months, you get a frigging meeting? Give me a break.
The contract already has good harassment language that says management can't over-supervise or harass employees.
The problem is there are no penalties to make UPS pay for violations.
Without that, all you have is nice language and no teeth.
Part-Time Poverty at UPS
May 24, 2013: UPS doesn't like TDU's End Part-Time Poverty at UPS T-shirts. But management is happy to have a five-year extension on part-time poverty in the contract.
More than 100,000 part-timers will be hit with healthcare cuts and higher out-of-pocket expenses.
Starting pay goes up by $1.50 to $10. But check the fine print. The new contract eliminates the $1 increase at 90 days. After 90 days, a part-timer will make just $10 ($11 for skilled positions).
That's only 50¢ more than part-timers make now. The $10/hour starting rate will be frozen for five years and will fall under minimum wage again in many states by August 2018.
The International Union promised an extra raise for part-timers because wages are so low. That was more empty talk. The contract does not include any catch-up raises, just the regular annual wage increases.
The contract will create just 2,350 full-time jobs and has none of the language members were promised to stop UPS from eliminating 22.3 jobs. UPS can continue to cut 22.3 jobs and claim they were moved to another local.
Local 804 Makes UPS Deliver
May 24, 2013: UPS Teamsters in New York win pension increases, more full-time jobs, and grievance procedure reform.
New York Local 804 members entered UPS contract negotiations with high expectations and steep challenges.
Their pensions had been frozen for more than a decade. Management has been eroding full-time 22.3 jobs and taking advantage of a broken grievance procedure.
Local 804 members have the advantage of having their own supplement which covers 6,000 UPS Teamsters in New York.
But that hasn't resulted in contract gains in Local 804 since 1997. In fact, Local 804 pensions have been frozen for more than a decade and UPS nearly eliminated 25-and-out pensions in the last supplement.
"To win a good contract, we knew we had to bargain in a different way," said Tim Sylvester, Local 804 president.
This time, Local 804 launched a contract campaign a year early.
The local formed a Contract Action Team of stewards and volunteers tasked with keeping members informed and involved—with regular contract bulletins, parking lot meetings, and rallies. Members wore stickers and posted placards in their windshields.
The majority of the Local 804 bargaining committee were stewards and members and they participated in all negotiations.
"UPS saw that members were informed and involved. When we told the company, we were going to Vote No if they didn't improve their contract offer, they knew we could deliver on that threat," said Vinnie Perrone, a package steward and negotiating committee member.
More than 3,000 members filled out a contract survey that the Contract Action Team distributed in parking lot meetings at every building.
"Those surveys were our guide at the bargaining table," said Dorothy Hanlon, a package driver and negotiating committee member. "Our priorities were defined by the members: higher pensions, more full-time jobs and a better grievance procedure."
Membership unity and an organized contract campaign paid off. The new Local 804 Supplement includes:
Pension Increases: Local 804 members won a $400 pension increase—the biggest in the country without any wage diversion. By the end of the contract, members will be able to retire with 25-and-out benefits of $3,500 a month and 30-and-out (or 25-at-age-55) benefits of $4,000 a month.
Grievance Procedure Reform: Members will no longer have to spend a year or more waiting for their suspension or termination to be heard. Beginning, Jan. 1, 2014, disciplinary cases will be heard before a grievance panel of representatives from Local 804 and the company—with an arbitrator sitting in on the case in the event of a deadlock. If the union and company deadlock, an arbitrator will issue a decision within ten days.
Full-Time Jobs: UPS must create 100 new full-time combo jobs in Local 804 by Aug. 1, 2014.
"This is the best supplement we’ve seen in a long, long time," said Mark Cohen a package car driver and Contract Action Team volunteer. "It's amazing the results you can get when you mobilize the members to take a stand against the company."
Videos documenting the Local 804 contract campaign in action can be seen at www.teamsterslocal804.org
The UPS Contract and Rank & File Power
May 24, 2013: Contract negotiations started on a high note. UPS was making record profits. When the company demanded healthcare concessions, it was standing room only at Teamster rallies.
Members were ready to fight for their healthcare. But our International Union wasn't.
Angry members who feel blindsided on healthcare are organizing a Vote No movement in many areas.
They are passing out leaflets, talking in break rooms, wearing Vote No T-shirts, and have a "Vote No on UPS Contract" Facebook page.
They are gunning to shoot down the national contract and some supplements too.
If history is any guide, the contract will certainly go down in locals where members are organized and taking coordinated action.
That's what happened last time. The national contract passed with 65 percent of the vote. But it was rejected in numerous locals where TDUers and other reformers got active—including in New York Local 804 where members rejected their supplement by a three-to-one vote.
By voting no, Local 804 members saved 25-and-out pensions. They kept organizing and took back their union in the next local election. And they just negotiated the best supplement in the country.
Rank-and-file organizing can pay off—but there are few quick fixes.
If we want to win lasting changes, we've got to be organized.
TDU is the only independent movement that brings Teamsters together in our locals and across the country to rebuild union power.
Take the first step toward winning better contracts and standing up to UPS. Join TDU. Meet other active Teamsters and learn proven strategies for getting members involved and rebuilding union power.
"If it wasn't for TDU, we wouldn't have known the facts about the contract. Without TDU, we'd just be going along with the program and getting taken for a ride. Instead we're organizing members to defend our healthcare and fight for what we deserve from this company. We're proud to be building TDU at UPS in Philadelphia and across the country."
Nathan "Jumbo" Daniels
Local 623, Philadelphia
Technology & Discipline
It's Time for Some Honesty About the Dishonesty Language
The International Union has put out selective contract "highlights." To protect ourselves from unfair discipline, UPS Teamsters need the full story.
Selective Highlights
The International Union's highlights say that "The company must confirm information from GPS by direct observation or other corroborating evidence. Otherwise the GPS information will not be used for discharge."
The Full Story
The contract is very clear that UPS does not need direct observation or corroborating evidence if a Teamster is terminated for "dishonesty."
Selective Highlights
The International Union's highlights say that "No employee will be discharged based solely on information received from GPS unless the person intentionally defrauds the company."
The Full Story
The contract already says you cannot be fired based solely on information from technology unless you "intend to defraud the company." The "intend to defraud" language is not new and it has not protected Teamsters from discharge.
The new language does state that you must commit an "intentional" act where you "intend to defraud the company," which may provide some additional protection in cases of a mistake or human error.
The Bottom Line
The company's ability to fire an employee for "dishonesty" solely based on information from technology is largely unchanged in the new contract.
In all cases that do not involve accusations of dishonesty, the company will need direct observation or corroborating evidence to fire an employee.
This may help in some cases. But UPS accuses drivers of dishonesty in the vast majority of terminations based on technology.
Dishonesty used to mean theft. Not anymore. UPS has fired drivers for "dishonesty" and "falsification of records" for recording an attempted delivery on a missed package, sheeting a residential delivery as a closed commercial stop, recording air when they're not at the stop, and other practices that are commonplace and sometimes encouraged by management.
Such discharges have nothing to do with stealing but they have been repeatedly upheld under the "intent to defraud" language.
If a driver makes an isolated mistake, the new language may help protect them from termination depending on enforcement. But the new language will not stop UPS from using technology to fire drivers on trumped up charges of dishonesty.
Read the Language for Yourself
Read the contract language and decide for yourself.
Here's the relevant language from Article 6 (Technology). Bold and underlined text is proposed new language. The rest of the language is from the current contract, including the "intend to defraud the company" language.
"No employee shall be discharged on a first offense if such discharge is based solely upon information received from GPS or any successor system unless he/she engages in dishonesty (defined for the purposes of this paragraph as any intentional act or omission by an employee where he/she intends to defraud the company. The Company must confirm by direct observation or other corroborating evidence any other violations warranting discharge."
The Company acknowledges that there have been problems with the utilization of technology in the past. Therefore, at the request of the Union's Joint National Negotiating Committee Co-Chair a meeting will be scheduled with the Company Co-Chair to discuss any alleged misuse of technology for disciplinary purposes and what steps are necessary to remedy any misuse.
UPS Teamsters Getting Info, Taking Action
Got a question on the tentative agreement? Want to join up with Teamsters who are spreading reliable contract info? Now's the time. Click here.