Court Rules Against Retiree Rights
The appeals judges upheld a decision that favored the Central States Fund, which a few years ago started to crack down hard on retirees taking jobs at boat marinas, golf courses, family farms, auto repair shops, or hardware stores.
The trustees of the fund, including union chair Fred Gegare, admitted that their goal was to make it harder for Teamsters to use the early-retirement options that we all fought hard to win.
The case was backed by the Central States Pension Improvement Committee (CSPIC), the movement of Teamster members and retirees working for pension justice. The movement has already been successful in winning major changes to the reemployment rule, and now Central States retirees can work in all the fields mentioned above, and most others outside certain listed Teamster core industries.
CSPIC supporters across 25 states are proud of winning that victory, while angry about the anti-worker decision coming out of the court.
The lawsuit, filed by eight Teamsters and pursued by attorney Ann Curry Thompson, aimed to improve the rules and bring justice to Teamsters who have been wrongly penalized under the harsh old rules.
The Central States Trustees argued that the court should require the plaintiffs to pay their legal fees, but the judges shot that down. They ruled that the case raised important and legitimate issues.
The battle for pension justice continues. “We only won some of what we wanted on the reemployment rule,” said lead plaintiff Dick Herman. “But without organizing, we wouldn’t win anything. And we’re not going away until we reverse the pension and welfare cuts and get union trustees accountable to Teamsters and retirees.”
Pension Cuts Take A Human Toll
Central States Funds Change Benefits
The dissident group Teamsters for a Democratic Union, in a Dec. 1 Web posting, blasted the agreement as a disservice to union members and called for firing the Teamster trustees.
"In exchange for an IRS extension of the period allowing for amortizing the fund's unfunded liabilities, the trustees agreed to lock in the [2003] pension cuts and usher in more health care cuts," TDU charged. "The employers and IRS got what they wanted and Teamster members got the shaft."
The International Brotherhood of Teamsters praised the agreement and criticized TDU.
"These are more scare tactics from a small, dissident faction that is trying to exploit the pension crisis in this country for political gain," IBT said.
"The IRS amortization agreement is a major victory for Central States," the union continued. "It is the only such agreement the IRS has granted, and it will allow Central States to regain its financial footing after the unprecedented stock market losses that have affected every pension fund in the country."
TDU said "stunned" union officials were informed of the changes Nov. 8 by Fred Gegare, chairman of the five union trustees who administer the fund with five employer trustees. The Central States fund covers workers at unionized trucking companies, including UPS, the largest employer of Teamsters.
According to TDU, trustees agreed to keep in place pension cuts made in 2003, divert health and welfare money for 2007 to the pension fund and not restore a "25- 30-and-out" provision that has been eliminated for younger fund participants. In addition, future labor contracts must include an increase in pension contributions of 7 percent in each contract year.
"The IRS agreement requires employers to increase their contributions. It does not cut benefits. This dissident faction needs to get the facts straight," IBT responded.
"The dissident faction's solution to the national pension crisis is to do nothing, putting members' entire pensions in jeopardy by forcing a government takeover that would result in huge benefit cuts by as much as two-thirds," the union said.
In July, Thomas C. Nyhan, executive director of the fund, in a letter to employers, said the Internal Revenue Service at the request of the fund had approved a 10-year extension of the period for amortizing unfunded liabilities, subject to certain conditions.
"The conditions attached to the amortization extension period will require additional contributions to the pension fund in order to maintain existing benefits, but the issue of additional contributions can now be addressed in the context of the collective bargaining process rather than as a result of IRS imposed penalties," Nyhan wrote.
Nyhan could not be reached for comment on the agreement.
Hoffa Adopts TDU Position on Pension Law
December 5, 2005: For nearly a year, the Hoffa administration has been lobbying for legislation that would allow Teamster benefit plans to cut members’ previously guaranteed pension benefits—and even to cut the pensions of Teamsters who have already retired.
Teamsters for a Democratic Union has fought this legislative attack on our pension security. Now at the 11th hour, James Hoffa has reversed himself and adopted TDU’s position—coming out against the so-called Red Zone Amendment.
Since early 2005, the Hoffa administration has lobbied in favor of the Red Zone Amendment—a proposal that would allow Teamster plans to cut pension benefits that members have already earned.
But in a letter to Congressional Representatives on December 2, Hoffa said, “So-called ‘red zone’ benefit cuts, would result in a reduction of vested benefits and should not be included.” This is exactly what TDU has demanded for the past year, along with many concerned Teamsters and the Pension Rights Center.
TDU members visited Congressional leaders to lobby against the Red Zone Amendment and fight to preserve federal “anti-cutback protections” that make it illegal to cut pension benefits that members have already earned.
Before Hoffa’s flip-flop on December 2, his administration had lobbied in favor of eliminating those protections. In February 2005 the IBT Legislative Director complained that “Trustees are limited by ERISA and can only affect [cut] future accruals.” In May the International again called for members to support repeal of the 1984 anti-cutback law, to give “more tools” to pension trustees to cut benefits from retirees.
“It’s nice to finally have our International Union with us, instead of against us,” said Frank Bryant a TDU member who lobbied Congress against the cuts. “My question for Hoffa would be, ‘What took you so long?’”
The pension bill is heading for the final steps. It remains to be seen if the Red Zone Amendment will be included. Hoffa’s 11th hour conversion to retirement security comes too late to affect the outcome of this legislative fight.
Fortunately, concerned Teamsters and TDU were there all along, working to protect Teamsters’ pension rights.
IBT Needs Plan for Countering Employer Attacks on Benefits
Our union needs a clear plan of action for protecting and improving benefits for all Teamsters. The employers have a plan. Our union leadership doesn’t. That’s why we are being pushed backward now.
Local Unions — and many benefit plans are local, or even company plans — are left to struggle on their own to combat cuts and maintain benefits.
We need to practice solidarity in action: a national plan of action for various industries and contracts with resources and leadership from the International Union behind it.
National Task Force
To start with, the IBT needs to start playing a leadership role in education and bargaining skills around benefit issues. A national benefit protection committee should be formed, with local officers, stewards and members. Its mission should be to help guide the research, organizing and education effort that is needed to counter the employer attack on benefits.
At the same time the IBT needs to create a task force that is staffed with benefit fund professionals and media experts. The task force would work closely with the national committee to mount campaigns.
We also need to aggressively work for a national health care plan in this country, so that non-union employers like Wal-Mart have to start paying their fair share.
The IBT under Hoffa has absolutely no ongoing mechanism for developing and implementing a united plan among Teamster benefit funds. There is an annual Teamster educational event for trustees, which is fine, but far from adequate.
When the employers or the fund managers come forward with a proposal for cutting benefits, our union trustees’ first response must never be, “OK, how much?” But too often, that is what we see happening.
Audit of all Major Teamster Funds
Hoffa claimed nearly two years ago that the IBT would do an independent actuarial study of the Central States Fund. That was a good start, but nothing was ever heard of it again.
The members are kept in the dark and treated as the enemy, instead of a positive force to fight back. The IBT also should put in place a mechanism for independent studies of pension and welfare funds, with union-selected experts, so that any potential problems are uncovered well in advance of negative consequences.
The Western Conference Fund cut the multiplier 2.5 years ago, even though the Fund was financially strong. Now it is approaching 100 percent funding and still there is no action to restore our members’ benefits.
The New England Fund cut benefits earlier this year and then backed off on part of the cuts, under pressure from members and local officers.
In both cases the International Union leadership has been silent, going along with the employer-demanded cuts. Without any independent expert studies, our members are left in the dark, isolated and angry.
Contract Campaign Organizing
A business-as-usual approach to the 2008 UPS and freight contracts won’t cut it. Massive contract campaigns will have to be put in place early, well before the 2008 bargaining.
UPS has a plan: they want out of union pension funds, and they are aggressively marketing this to our Teamster members. This must be countered with a Teamster plan to preserve and rebuild all of our pension funds. Freight and carhaul Teamsters will also need contract campaigns that take into account the challenges of winning good contracts while defending and improving benefits.
It seems clear the Hoffa administration is not going to move in this kind of pro-active way. They react to employers’ moves, mainly by going along. And they hope if they go along nicely with UPS management, then maybe management will be nice in return, and won’t move to bust apart our pension funds.
It’s going to take a new, forward-looking Teamster leadership to defend our good benefits and improve those that fall short. That’s what the Tom Leedham Strong Contracts, Good Pensions Slate is about.
Sandy Pope
Local 805 President
New York
Click here: Apples and Oranges, or Just Rotten Apples?: Study Counters Central States' Claims
Click here: Central States Fund Trustees Keep Pension and Health Care Cuts In Place
Click here: Battle Against Cut-Back Provision Will Move Into 2006
Central States Fund Trustees Keep Pension and Health Care Cuts In Place
–Bureau of National Affairs
November 9, 2005
The Union Trustees of the Central States Pension Fund have announced an agreement with employers and the IRS that will lock the 2003 pension cuts in place for years to come. Even worse, this deal will usher in more healthcare reductions—and lower wage increases when contracts are renegotiated.
Cuts Are Frozen in Place
At a Nov. 8 meeting of union officials, International Vice President and Trustee Chairman Fred Gegare told stunned officials that union trustees have agreed:
- to maintain a long term freeze in the cuts to the Central States pension accrual rate
- to not restore 25- and 30-and-out, which have been eliminated for younger Teamsters, and
- to divert health and welfare money for 2007 to the pension fund, which will mean more cuts in medical benefits for Teamsters and retirees.
In addition, the Fund will require that all future contracts will have to include an increase in pension contributions of 7 percent in each year of the contract. Negotiating these huge hikes in pension contributions will divert money from wage increases and medical benefits—but Teamster members will see no pension improvements in return because our trustees have agreed not to increase the pension multiplier or restore 25- and 30-and-out benefits.
Over a month has passed since the meeting and members still have not received any information. This is our fund and our benefits that are at stake. But once again, the union trustees are keeping members in the dark.
No Accountability Is the Problem
The Hoffa administration keeps dragging out the same tired excuses. The stock market declined in 2000-2001, retirees live longer now, and there are more retirees than active members.
Is any of this big news? These are well-known facts. The reason we have Trustees is to manage these challenges—not to use them to justify cuts in our benefits.
TDU commissioned a comparison with other Teamster Funds, which showed that funds with the same demographics, and the same ratio of active Teamsters to retirees have weathered the “perfect storm” much better.
Instead of excuses, we need a positive plan to build up our pension fund and restore and protect our good pension benefits that all Teamsters can be proud of.
It’s time to fire the Trustees who are better at excuses than managing our pension fund.
Those characters need to be replaced. If our trustees won’t step down, then we need to put them into retirement by electing new leadership in the 2006 International Union election.
Click here: Apples and Oranges, or Just Rotten Apples?: Study Counters Central States' Claims
Click here: IBT Needs Plan for Countering Employer Attacks on Benefits
Click here: Battle Against Cut-Back Provision Will Move Into 2006
Battle Against Cut-Back Provision Will Move Into 2006
In December, James Hoffa came out in opposition to the “Red Zone” cut-back amendment, at least in writing, after supporting it for most of 2005.On Dec. 15 the House of Representatives took up their own version of pension reform for a vote. The CSPIC steering committee faxed letters to Congressional Representatives, opposing the bill if it included the Red Zone amendment. The Pension Rights Center also lobbied against the House version. It is not known what, if anything, the IBT did.
The House passed the bill and it contains cutback provisions. The Senate version does not contain the Red Zone amendment. CSPIC leaders and some Teamster local officers visited Senators and staff earlier this year to help make that happen. The battle will now move into conference committee, with the Senate and House working out differences between the two bills.
This will not start until after the Congressional recess, in late January or early February.
“CSPIC will help get word out to Teamsters once we know who is on the conference committee,” Local 391 retiree Frank Bryant said. “We will need to push hard one more time to prevent this dangerous provision from being included in so-called reform legislation.”
We urge Teamsters to write your Representatives and Senators: oppose the Red Zone amendment that would allow pensions and already-earned pension credits to be cut. Those protections have been federal law since 1984. Weakening them is no way to protect the pensions of Americans.
Click here: Apples and Oranges, or Just Rotten Apples?: Study Counters Central States' Claims
Click here: IBT Needs Plan for Countering Employer Attacks on Benefits
Click here: Central States Fund Trustees Keep Pension and Health Care Cuts In Place
Central States Cuts Locked in Place for Year
At a November 8 meeting of union officials International Vice President and Trustee Chairman Fred Gegare told stunned officials that union trustees have put their stamp of approval on new attacks on our pensions and benefits. Specifically, the trustees agreed:- to maintain a long term freeze in the cuts to the Central States pension accrual rate- to not restore 25- and 30-and-out, which have been eliminated for younger Teamsters, and
- to divert health and welfare money for 2007 to the pension fund, which will mean more cuts in medical benefits for Teamsters and retirees.
In addition, the Fund will require that all future contracts will have to include an increase in pension contributions of 7 percent in each year of the contract. Negotiating these huge hikes in pension contributions will divert money from wage increases and medical benefits—but Teamster members will see no pension improvements in return because our trustees have agreed not to increase the pension multiplier or restore 25-and 30-and-out benefits!
No members were allowed to attend the officials’ only meeting where these terms were announced. Three weeks have passed and members still have not received any information. This is our fund and our benefits at stake. But once again, the union trustees are keeping members in the dark.
Roots of the Crisis
The latest crisis at Central States is rooted in the Hoffa administration’s failure to bargain enough employer contributions into the fund in the last UPS, freight and carhaul negotiations. Fund documents that we obtained by going to court prove that Hoffa knew that cuts were on the horizon.
But instead of leveling with the members and fighting for higher contributions, Hoffa hid the facts and promised, in writing, that all our pension and medical benefits would be protected for the life of those contracts.
Without the needed contributions, the fund’s credit balance continued to deteriorate. In 2003, the credit balance was approaching the point where the IRS would require employers to increase their contributions to the plan. That’s when the employers sought sharp cuts in pension accruals and the virtual elimination of retiree health coverage.
Both our union and the employers had an interest in taking steps to improve the Fund’s credit balance. But the employers had a special interest, because they faced the threat of IRS-imposed penalties and increased contributions. That threat gave our union trustees bargaining power.
Our union trustees could have used that leverage to insist on a union-sponsored study and bargain for the best possible outcome for Teamster members. Instead our union trustees just went along with the employers’ demands for cuts without any fight—effectively surrendering control of our fund to the employers.
Now the Hoffa administration has gone a step further and turned decision-making power over our benefits to the IRS. In exchange for an IRS extension of the period allowing for amortizing the Fund’s unfunded liabilities, the Trustees agreed to lock in the pension cuts and usher in more healthcare cuts.
The employers and IRS got what they wanted and Teamster members got the shaft. Our Union Trustees are supposed to represent our interests. Under the Hoffa administration, they have failed miserably. It’s time for them to go—and to be replaced with trustees who will fight for Teamster members.
No Accountability Is the Problem
The Hoffa administration keeps dragging out the same, tired excuses, over and over. The stock market declined in 2000-2001, retirees live longer now, and there are more retirees than active members. Is any of this big news? These are well-known facts. The reason we have Trustees is to manage these challenges—not to use them to justify cuts in our benefits.
TDU commissioned a comparison with other Teamster Funds, which showed that funds with the same demographic have weathered the “perfect storm” much better. It’s time to fire the Trustees who are destroying our Central States benefits.
Amid the lies and cover-ups, you never hear one word about a positive plan to build up our Fund. Do they plan to bring some 50,000 UPS Part-Timers into the Central States Fund in the next contract? They are in the Teamster Funds in the West, in New England and in Upstate New York. Why not Central States?
Is there a plan to organize UPS-Overnite and bring many thousands more into the Fund? The Hoffa administration doesn’t have a plan to build up our fund—just plans to cut our benefits. That’s exactly what UPS and other employers want—cuts that will undermine our good union benefits and drive a wedge between members and our union.
Teamster members and leaders fought for years to win good pension and medical benefits. Sometimes we took light wage increases to make it happen. We fought to win early retirement benefits so we could get out of these hard jobs with our health intact. We fought together to win them, now Fred Gegare and the Hoffa Administration destroy them and tell us we should be glad we don’t work at Enron.
Those characters need to be replaced. If our trustees won’t step down, then we need to put them into retirement by electing new leadership in the 2006 International Union election.
Teamster Leader Beats Employer Move to Slash Pensions
November 1, 2005:When employer and union trustees colluded to cut their pensions, Teamster members in New York Local 805 fought back. First, they elected new local officers who sued the employer trustees. Now, they’ve scored a major victory for pension justice.
Local 805 President Sandy Pope has finalized a settlement that reduces the pension cuts, raises members' pension accrual retroactively, and institutes sweeping reforms in how the pension plan is run.
In December, the Employer Trustees on the Local 805 Pension Fund slashed future pension benefit accruals to zero with the help of the former Local 805 President Gerry Whelan who voted in favor of the cut. The employer trustees then turned around and hired Whelan and his wife to run the Funds.
The Local 805 pension fight shows the right union leadership can make a difference in protecting our pensions. Local 805 is a small local with early retirement benefits of $2,500/month—not UPS or freight money, but a solid pension for a fund of it size. The employers slashed the pension to zero to avoid having to increase their contributions.
But a strong stand by the new reform leaders of Local 805 took on this pension scheme. In exchange for dropping the lawsuit in Federal Court, Local 805 won a settlement that turned back the pension attack:
- Cut to zero eliminated: The accrual rate of zero adopted in December will never go into effect. The Union Trustees and the Employer Trustees will each hire an actuary to determine the highest future benefit accrual rate the Pension Fund can afford. The new rate will be applied retroactive to the beginning of the "zero period."
- New, professional fund manager: The former union president who went along with the scheme and his wife are both gone from the fund. A professional fund manager has been hired.
- Trustee reforms: The Board of Trustees of the fund will be restructured. The Union and the Employers will each add two new members. This reform will break up the clique of employers who dominated the fund. Of the two new Union Trustees, one will be a Local 805 retiree. The Union Trustees already includes two rank-and-file members.
Under the agreement, the employer trustees are required to accept the highest, prudent recommendation from the actuaries. While the accrual rate may not be fully restored (the Fund suffered market losses experienced by all Pension Funds), participants will be getting the highest benefit the plan can afford. The new Local 805 leadership and union trustees made a strong stand against the employers attack on members’ pension, and leveraged the best possible result for the members—all while keeping members informed every step of the way.
That’s a far cry from what happened in funds like the Central States and an example of the difference the right leadership can make when our pensions are under attack.Pension Legislation on Senate Rollercoaster
The HELP bill would provide a range of financial relief to defined benefit pension funds, like the funds that cover many Teamsters.
A negative provision called the Red Zone amendment was not included in the HELP version—thanks to some hard work by Teamster local officers and rank and filers who traveled to Washington to meet with Senate staff about the provision. Had it not been defeated, it would have allowed troubled plans to cut back pension benefits that have already been accrued.
Different corporate and union interests have voiced opposition to the pension bill based on particulars of their industries. Continental and American Airlines opposed parts that would benefit their bankrupt competitors. General Motors and the United Auto Workers attacked a provision that would tie pension contribution requirements to a corporation’s credit rating, noting that the auto industry has cyclical ups and downs.
A coalition that includes UPS management, the IBT and some Teamster pension plans offered amendments to provide more breathing room for under-funded multi-employer plans that were hurt by the stock market in 2000-2001.
Meanwhile, the International Union has been on its own roller coaster regarding the legislation. Last spring, when the house passed a similar bill, HR 2830, the IBT was pressing locals to circulate petitions in support of the legislation. Later they said they would take a wait and see attitude, and in late September the IBT issued a bulletin stating they now oppose both the House and Senate versions as drafted.