December 7, 2009: The Hoffa administration may be silent while the company walks all over the contract. But some locals are making themselves heard.

Anticipating a visit by CEO Scott Davis, New Jersey Local 177 booked a plane to circle the Edison hub with a banner: “UPS Stop Mistreating Your Employees.”

Outside the hub, Local 177 officers distributed leaflets in the parking lot with the same message.

Local 177 members are fed up with UPS’s stonewalling of grievances. The local has thirty arbitrations scheduled on supervisors working violations—each one dealing with serial violations by individual supervisors.

Under a special provision in the Local 177 supplement, the penalty for supervisors working increases if there are multiple infractions by the same sup. On the second violation, the minimum penalty is two hours at double time pay. On the third violation, the minimum penalty is four hours work at double time pay.

Management has dragged out the hearing on the first supervisor for five days with no end in sight. And that’s just on the first arbitration. There are 29 arbitrations to go—each one on multiple violations by individual supervisors.

Production harassment and ridiculous write-ups of package drivers are other major issues—just like they are across the country.

As the plane circled the building, top regional management descended on Edison in a panic. You can see their worried faces and cell phone scramble in a video called “upsflyby” on YouTube.

It shouldn’t take an airplane banner to get management’s attention.

December 7, 2009: Seventeen locals brought cases to the last national grievance panel charging UPS with violating Article 22.3 of the contract which requires UPS to maintain a minimum of 20,000 full-time combo jobs. These are the full-time jobs we won by striking the company in 1997.

Not a single one of these grievances was heard at the national grievance panel.

It’s well documented that UPS has eliminated thousands of these positions by laying off combo Teamsters and refusing to put up vacant jobs for bid.

That national grievance panel, held at the Hilton San Diego Resort and Spa, was the last chance for these grievances to be heard in 2009.

December 7, 2009: Sixty-five 9.5 violation cases were brought to the last national grievance panel. Outside of Oakland Local 70, the panel ruled in favor of working Teamsters on a 9.5 issue in just one case.

In 16 cases coming out of Local 70—the company was ordered to comply with 9.5 language. These cases involved instances where UPS was settling 9.5 violations but never fixing the underlying problem of the affected drivers’ load.

December 26, 2009: UPS Freight drivers and dockworkers had high hopes when they signed on with the Teamsters.

Now, a couple years later, they’re looking at what needs to be improved.

UPS Freight Teamsters got a national contract, and some grievances have been won. But in key areas like subcontracting and written work rules, grievances have been filed but little progress has been made. The company is having its way, something that UPS is good at.

“A big issue at the South Holland terminal is the amount of subcontracting going on,” commented Rick La Fever, a road driver out of Chicago Local 710.

“The company has cut so many runs, giving the work to Covenant, Bison and Transport America. We could probably add 6-12 bids between Chicago and Minneapolis if we could get rid of the subcontracting.”

“I hear it’s going on other places so this is a serious problem. I know there are grievances filed but they’re bogged down in the process. So the company gets its way while good Teamsters are on layoff.”

Subcontracting of union work destroys jobs and weakens our union. But the IBT seems asleep at the wheel.

Other UPS Freight Teamsters report work rules are an issue. The contract states that within 60 days of ratification, the company and the union were supposed to establish a Joint Committee to document agreed upon work rules and practices in existence at the terminals. Any disputes were to be referred to the chairs of the company and union negotiating committees. It’s been nearly two years and no language is in place.

Management wants rules by region. Members and their stewards want work rules by terminal. Local officers say any decision on a procedure for establishing work rules needs to be resolved nationally. Ken Hall, the union chair of the committee, has said nothing.

In fact, the International Union has had little to say about UPS Freight since the ratification of the contract.

“The IBT made a lot of noise about bringing us into the union,” said La Fever, “but they haven’t shown much fire power in standing up for us.”

“I’m a second generation Teamster so I know our union is more than the officers. It will take the membership getting organized in the terminals if we’re going to make UPS Freight live up to the contract and get what we deserve.”

“The union is more than the officers. It will take the membership getting organized in the terminals if we’re going to make UPS Freight live up to the contract and get what we deserve.”

Rick La Fever, UPS Freight Local 710, Indiana

December 4, 2009: UPS Freight drivers and dockworkers had high hopes when they signed on with the Teamsters. Now, a couple years later, they’re looking at what needs to be improved.

UPS Freight Teamsters got a national contract, and some grievances have been won. But in key areas like subcontracting and written work rules, grievances have been filed but little progress has been made. The company is having its way, something that the UPS corporation is good at.

“A big issue at the South Holland terminal is the amount of subcontracting going on,” commented Rick La Fever, a road driver out of Chicago Local 710. “The company has cut so many runs, giving the work to Covenant, Bison and Transport America. We could probably add 6-12 bids between Chicago and Minneapolis if we could get rid of the subcontracting.”

“I hear it’s going on other places so this is a serious problem. I know there are grievances filed but they’re bogged down in the process. So the company gets its way while good Teamsters are on layoff”

Subcontracting of union work destroys jobs and weakens our union. But the IBT seems asleep at the wheel.

Other UPS Freight Teamsters report work rules are an issue. The contract states that within 60 days of ratification, the company and the union were supposed to establish a Joint Committee to document agreed upon work rules and practices in existence at the terminals. Any disputes were to be referred to the chairs of the company and union negotiating committees. It’s been nearly two years and no language is in place.

Management wants rules by region. Members and their stewards want work rules by terminal. Local officers say any decision on a procedure for establishing work rules needs to be resolved nationally. Ken Hall, the union chair of the committee, has said nothing.

In fact, the International Union has had little to say about UPS Freight since the ratification of the contract.

“The IBT made a lot of noise about bringing us into the union,” said La Fever, “but they haven’t shown much fire power in standing up for us. I’m a second generation Teamster so I know our union is more than the officers. It will take the membership getting organized in the terminals if we’re going to make UPS Freight live up to the contract and get what we deserve.”

If you’re a UPS Freight Teamster that has more to say about these issues or others facing your co-workers and our union, contact TDU: www.tdu.org or 313 842-2600.

November 12, 2009: Anticipating a visit by CEO Scott Davis, Local 177 booked a plane to circle UPS’s Edison hub with a banner: “UPS Stop Mistreating Your Employees.”

Outside the hub, Local 177 officers distributed leaflets in the parking lot with the same message. Click here to see video footage on You Tube.

Local 177 members are fed up with contract violations and company stonewalling in the grievance procedure.

The local has thirty arbitrations scheduled on supervisors working violations—each one dealing with serial violations by individual supervisors. Management has dragged the first hearing out for five days with no end in sight. And that’s just on the first arbitration. There are 29 to go!

Production harassment and ridiculous write-up of package drivers is another major issue—just like it is across the country.

As the plane circled the building, top regional management descended on Edison in a panic. (You can see their worried faces and cell phone scramble and worried faces in the video.)

It shouldn’t take an airplane banner to get management’s attention.

November 5, 2009: The decisions from the October meeting of the UPS National Grievance panel in San Diego are now available online.

This was the final national panel for 2009 and the results for UPS Teamsters on the critical issues of excessive overtime and full-time combo job elimination were grim.

Seventeen locals brought cases to the panel charging UPS with eliminating full-time combo jobs and refusing to put those jobs up for bid in violation of Article 22.3 of the contract. Every single one of the cases was postponed.

Sixty-five 9.5 violation cases were brought to the panel— totaling 25 percent of the 36 page docket. Outside of Oakland Local 70, the panel ruled in favor of working Teamsters on a 9.5 issue in just one case.

In 16 cases coming out of Local 70— the company was ordered to comply with 9.5 language. These cases involved instances where UPS was settling 9.5 violations but never fixing the underlying problem of the affected drivers’ load.

Click here to download the decisions from the national grievance panel from www.MakeUPSDeliver.org.

October 30, 2009: The decisions from the October meeting of the National Grievance panel in San Diego are now available online.

This was the final national panel for 2009 and the results for UPS Teamsters on the critical issues of excessive overtime and full-time combo job elimination were grim.

Seventeen locals brought cases to the panel charging UPS with eliminating full-time combo jobs and refusing to put those jobs up for bid in violation of Article 22.3 of the contract. Every single one of the cases was postponed.

Sixty-five 9.5 violation cases were brought to the panel— totaling 25 percent of the 36 page docket. Outside of Oakland Local 70, the panel ruled in favor of working Teamsters on a 9.5 issue in just one case.

In 16 cases coming out of Local 70— the company was ordered to comply with 9.5 language. These cases involved instances where UPS was settling 9.5 violations but never fixing the underlying problem of the affected drivers’ load.

Click here to download the decisions from the national grievance panel.

October 22, 2009: The states of New York, New Jersey and Montana intend to sue FedEx Ground Package System Inc. (FedEx) over its policy of classifying drivers as independent contractors rather than employees, the attorneys general of the three states said Oct. 20.

“Our offices have examined the work done by FedEx drivers and have concluded that these workers are in fact employees of FedEx and are not simply independent contractors,” according to the letter notifying FedEx of the states' intent to sue the company after Oct. 27.

Independent contractors do not receive workers' compensation coverage through their employers, nor are they covered by anti-discrimination and labor relations statutes and other state laws that protect workers in Montana, New Jersey, and New York, according to a statement issued jointly by attorneys general Steve Bullock (D) of Montana, Anne Milgram (D) of New Jersey, and Andrew Cuomo (D) of New York.

Meanwhile, however, the drivers who pick up and deliver FedEx packages incur large out-of-pocket expenses to lease trucks and pay for fuel, vehicle maintenance, and the use of a FedEx uniform and scanner, according to the letter.

Level of Control Cited

The three states concluded from their investigations that Fed Ex drivers merit employee status under Montana, New Jersey, and New York state laws based on the level of control FedEx exercises over the drivers, according to the letter.

FedEx Ground, which is based in Moon Township, Pa., strictly controls all aspects of pickup and delivery drivers' work, from prescribing their hours to directing and prescribing how they load their trucks and hand off to customers, according to the letter.

Drivers' uniforms are mandated by FedEx, down to the colors of their socks, and their opportunities to do work unrelated to FedEx are almost entirely constrained by company rules, which bar drivers' use of their own trucks for non-FedEx purposes during FedEx working hours, according to the letter.

The letter noted that “the work of FedEx Ground drivers is at the very core of FedEx Ground's business activities; drivers are completely integrated into the overall business functions of the company.”

In addition to harming drivers, the company's alleged cost-cutting measures hurt the states when proper taxes are not paid and hurt other employers that face unfair competition as a result, the letter said.

In pursuing legal action to address the alleged state labor law violations, the states said they intend to seek restitution, damages, and civil penalties.

Discussions Ongoing

FedEx Ground has been in discussions with the three attorneys general to address their questions about the issue, company spokesman Perry Colosimo said in a statement.

“While we intend to continue with these discussions, we will vigorously defend the right of FedEx Ground independent contractors to own and operate their businesses, should the AGs pursue litigation, Colosimo said.

The issue of how the company classifies its drivers has been percolating in many jurisdictions for years.

Attorneys general from Iowa, Kentucky, Missouri, Montana, New Jersey, Ohio, Rhode Island, and Vermont in June called on FedEx Ground to ensure that it is properly classifying its drivers, expressing concern that the carrier may be circumventing worker protections and dodging payroll taxes in those states (122 DLR A-2, 6/29/09).

In addition, a federal court in Indiana is overseeing multidistrict litigation involving dozens of lawsuits covering thousands of FedEx Ground drivers from around the country who claim the company misclassified them as independent contractors and denied them entitlements guaranteed to employees by the various state laws (In re FedEx Ground Package Sys. Inc. Employment Practices Litig., N.D. Ind., No. 05-527).

By Lorraine McCarthy BNA Daily Labor News

October 22, 2009: UPS announced after-tax profits of $549 million for the third quarter of 2009 (July-Sept), up from $445 million in the second quarter.

It’s no surprise that in this economy, UPS’s profits are down from last year. UPS made $970 million in the second quarter of 2008. But UPS is still making big money—and still beating the competition.

In a terrible economy, UPS has hauled in $1.4 billion in after-tax profits since the beginning of the year.

By comparison, FedEx made just $181 million in the last quarter—and lost $779 million in the six months before that.

Total package volume is down 3.6 percent—a drop, but not enough to justify the number of laid-off drivers, combined routes and excessive overtime.

With $1.4 billion in profit after taxes already in the bank, no one needs to be crying tears for Big Brown. The working Teamsters who busted our backs to create these profits deserve a little more respect and a lot more contract enforcement.

Click here read UPS’s press release on its Third Quarter profits.