Dear Teamster Member

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Dear Teamster Member:

Welcome to the International Brotherhood of Teamsters. You are part of a proud tradition in the labor movement. For over one hundred years, the Teamsters Union has been a leader in setting the standard for higher wages, better benefits and improved working conditions for workers throughout the United States, Canada and Puerto Rico.

The Teamsters are committed to negotiating the best collective bargaining agreements and providing the strongest day-to-day representation for all of our 1.4 million members. Many fights have been won by Teamsters over the years, from shorter workdays to individual grievances in the workplace to major legislation in Congress.

There are over 400 local unions within the Teamsters Union. Everyone benefits when the members unite to achieve common goals. I encourage you to become an informed and active member, and work with us to bring dignity, justice and fairness to the workplace.

This booklet will give you a brief overview of the Teamsters Union. The history of the union is one of unity and strength, words that we, your International Officers, intend to make a priority for the 21st Century. Workers choose the Teamsters Union because we are the best at building a better, more secure future for them and their families. We are happy to have you join our ranks as one of these members.

Fraternally,

James P. Hoffa C. Thomas Keegel General President General Secretary-Treasurer 71528_Text_Layout 1 1/23/12 6:37 PM Page 2

Welcome to the Teamsters 71528_Text_Layout 1 1/23/12 6:37 PM Page 3

Table of Contents

Welcome to the Teamsters 1

Teamster Purpose 5

Teamster History 9

Teamster Structure 19

Teamster Rights 27

Teamster Future 39

Appendix: Rights of Union Members 42 71528_Text_Layout 1 1/23/12 6:37 PM Page 4 71528_Text_Layout 1 1/23/12 6:37 PM Page 1

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Welcome to the Teamsters

“I’m Proud to be a Teamster”

eing a member of the Teamsters assigned a number by the International to Union gives you many rights and designate its location and is chartered to Bbenefits on the job. It also gives you reflect the industries represented. a chance to join with other working people This booklet provides an introduction to win changes in your workplace and to your Union both at the International your community on the national and and local levels, and tells how you can international stage. get involved. Your Teamster “Steward”—one of your coworkers who coordinates union activities at the workplace—will answer other questions you may have. It is important to get a telephone number or e-mail address from your steward so you can easily access your representatives.

The Union Advantage If you don’t have a union in your workplace, you don’t have guaranteed wages, health benefits or a secure pension. You are Teamsters Are Strong! an “at-will” employee. You check your The Teamsters Union is made up of 1.4 rights at the door, and your employer can million workers who are employed in a fire you or change your conditions of variety of public and private industries. employment at any time and for almost There are approximately 625,000 any reason. retired members of the Teamsters Union There are real advantages to having a throughout the United States, Canada and union for you as an individual and for Puerto Rico who maintain their affiliation society in general. By forming a union with the Union and support important with your co-workers, together you will issues for working people. have the strength to negotiate a legally Unlike the company, plant or shop binding contract with your employer where you work, your union is a demo- that includes better wages, affordable cratic organization where you and the health care, a secure retirement and a other members have the right to elect local safer workplace. leaders and decide the policies that will According to the U.S. Department of affect you. You are a member of one of Labor in March 2011, 93 percent of more than 400 local unions in the union workers have access to medical Teamsters Union. Each local has been care benefits through their jobs, com-

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pared with only 69 percent of nonunion cess. It requires that the workers act in workers. 93 percent of workers in unions unison to achieve better wages and work- have access to retirement plans versus 64 ing conditions. percent of nonunion workers. Seventy percent of union workers have guaran- Get Connected! teed pensions, compared with 14 percent of nonunion workers. Roughly 84 per- The International Union has an official cent of workers in unions have paid sick website that can be accessed through leave compared with 64 percent of www.teamster.org. Log on to find out the nonunion workers. latest activities and issues affecting Teamster And the more union members there members and ways you can help support are in this country, the better off every one Teamsters and their families in their strug- is. Throughout our history, when unions gle for workplace justice. Click on to your are strong, wages go up, health care cover- Trade Division or Trade Conference to read age improves and pensions are strength- up to date information on what’s going on ened. When unions are under attack, as – from contract fights to political activities they are today, we’re all in danger – our affecting your specific industry. jobs, our communities and our families. You can also get the latest union information and become involved through: Solidarity Counts Facebook.com/Teamsters Plant managers, company presidents and @TeamsterPower on Twitter

supervisors have numerous resources avail- YouTube.com/user/TeamsterPower able to them to accomplish their goals. TeamsterNation.blogspot.com They belong to associations and coalitions that help advance their objectives. The Teamsters Union also publishes an Workers, on the other hand, have only official magazine called the “Teamster”, their numbers to protect them and the newsletters for every Teamster division and numbers by themselves do not insure suc- conference, and various other publications.

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Teamster Purpose 71528_Text_Layout 1 1/23/12 6:37 PM Page 6

Teamster Purpose

The IBT Constitution It will provide you with information on The Teamsters’ Constitution lays the foun- how the union operates, and ways mem- dation and structure for the 1.4 million bers and union leaders can work together workers who make up the organization. It to achieve common goals. spells out the duties and responsibilities of all officers and members. It is a product of Teamster Purpose over 100 years of organization. Please take The second article in the Teamsters the time to read through the Constitution. Constitution sets up the mission and purpose of the organization. It states, in part, that the Union’s primary responsibility is to organize and educate workers so that they will attain a higher standard of living. In summary the key role that the union plays includes:

Organizing workers so that they have a voice in the workplace.

Educating workers so that they know their workplace rights and can participate fully in our democratic society.

Involving workers in the political process so that their issues are addressed.

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Negotiating and enforcing con- T-shirts and other union items. tracts with the employers so that The word “Teamsters” and “power” are each worker will be treated with synonymous in the minds of many people dignity, justice and respect. both within the Union movement and the public at large. And even though the union movement is sometimes portrayed Teamster Recognition in a negative way by parties who have little Everywhere you go throughout the world first-hand knowledge of the Union, mem- people recognize the Teamster name. bers speak with pride when referring to People from other countries e-mail the both the accomplishments and the history Teamsters Union requesting Teamster hats, of the Teamsters Union.

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Teamster History 71528_Text_Layout 1 1/23/12 6:37 PM Page 10

Teamster History

n essential element in understanding growing economy. your union means knowing its histo- Teamsters often worked long hours for Ary. Many of the procedures that have little pay, typically 12-18 hours a day for been established regarding the structure of $2.00. And, the Teamsters had to assume the union and the rights and responsibilities liability for bad accounts, as well as lost, of the members and officers can be stolen or damaged goods. In 1899, the explained through a study of the past efforts Team Drivers International Union (TDIU) of our union members and leaders. was formed in Detroit after Teamsters in several areas began to form local unions. Team Drivers Form Union In Chicago in 1902, a group broke away and formed a second union called the Prior to 1900, Teamsters were drivers who Teamsters National Union (TNU). The delivered goods by horse drawn wagons. two groups had differing views on whether The expanding industrial base within wagon owners could be members. In 1903, North America brought with it an expan- the two unions merged to form the sion of the delivery of goods thereby mak- International Brotherhood of Teamsters. ing team drivers important players in a Cornelius Shea was the first president and Union headquarters was located in Indianapolis. The newly formed union affiliated with the American Federation of Labor (AFL), which had been established in 1881 as the umbrella federation for unions. The AFL was organized around specific trades or crafts thus giving rise to the phrase “trade unions.” The Teamsters’ charter from the American Federation of Labor (AFL) iden- tified it as a “trade union,” even though driving a team of horses was not considered a specific trade. AFL President Samuel Gompers recognized the key role Teamsters would play in the developing industrial economy.

Anti-Union Sentiment Unions as a whole, and the Teamsters specifically, struggled against mainstream anti-union sentiment that existed in the 71528_Text_Layout 1 1/23/12 6:37 PM Page 11

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developing “free market” economy of the fought against employers who had sup- United States and, to a lesser degree, port from local and national govern- Canada. Canada’s experience in compari- ments, courts and law enforcement agen- son to the United States was quite different cies. Worker solidarity and civil disobedi- in that the Federal government was and ence were the only means workers had to still is highly decentralized, giving the express their dissent against unfair wages provinces in Canada control over the and working conditions. There were no labor-management relationship rather legal protections for organizing and than a central authority. Also, Canadians forming a union other than case-by-case were more suspicious of capitalism and rulings within the court system. had a tradition of parliamentary govern- Ironically, during this period of severe ment and a labour party that accepted hardship, members often pooled their labour as a natural partner in the econom- resources and willingly agreed to share ic system. As a result, in Canada there was food and shelter with other workers who a stronger belief in the basic rights of were on strike. Often members would be workers to organize. assessed fees that would then be sent to Nonetheless, some of the most violent other union brothers and sisters fighting strikes and difficult labor battles were for rights in the workplace. Today, man- fought during this period by workers in all agement often exploits this old custom of industries and in both countries. working people by threatening workers The toughest battles during this period who are attempting to form a union that were fought over workers’ request to be their union will levy assessments against “recognized” as having a right to form a them. Assessments in today’s labor union. That is why recognition often movement are extremely rare. appears as the first section of the contract. Motor Carrier Replace Horses Teamsters Support Other Unions In 1907, the Teamsters turned their attention In 1905, 4600 Teamsters struck in solidari- to organizing when Daniel Tobin became the ty with tailors working for Montgomery General President. The union began to Ward Company in Chicago. This strike organize beer wagon drivers, gravel haulers lasted over 100 days and, in the end, 21 and bakery/confectionery delivery workers. lives were lost. Subsequently, the compa- The name of the union and the logo were ny prevailed in breaking the strike. changed to reflect the growth and change. This example is typical of how This diversification helped to increase Teamsters throughout history have Teamsters membership to 40,000. In 1912 helped support other workers in other the first transcontinental delivery of goods unions struggle against oppressive by motor carrier was accomplished by employers. These struggles were often Teamster drivers.

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Teamster History

North America was changing. Goods had to be supplied to an increasingly mobile society. The Teamster members held a vital role in making this mobility possible. In 1914, World War I broke out in Europe. Teamsters played a crucial role in the war effort. Union members helped secure military success by rapid deploy- ment of overseas troops and supplies from ports to battle lines. Speeding through Europe, American trucks were a key part of the U.S. war effort. At this time the economy was growing and the Teamsters Union was growing right and despair gripped the Nation. along with it. Membership grew from Unemployment rose from 3% to 25% and 40,000 to 60,000 in 1915. President Tobin bank failures were commonplace. emerged as a pre-eminent labor leader after Teamster membership shrank as a the war and secured for the Teamsters Union result of the depression so the union a solid position in the labor movement. increased its efforts to organize, with an emphasis on the growing over the road Canadian Teamsters trucking industry and the food processing Although there had been Teamster locals industries. Consequently, membership in Canada since 1906, the union affiliated rose to 146,000. with the Canadian Trades and Labor During the Great Depression, the Congress (CTLC) the Canadian counter- Teamsters embraced President Franklin D. part to the U.S. American Federation of Roosevelt and his concern for the plight of Labor (AFL) in 1920. As the economy the “forgotten man.” A number of legisla- prospered, so did organized labor and tive victories supported by the Teamsters Tobin persuaded local unions to double and approved by FDR were designed to their per capita assessment so the pull the country out of the Depression. Teamsters strike fund could be improved. The National Recovery Administration (NRA) was central to Roosevelt’s legislative plan. It established minimum wages and Fighting The Depression maximum hours of labor for each indus- In October, 1929 America’s economic try. Hours were reduced to spread boom ended with the stock market crash employment over more workers. on Wall Street, which signaled the start of In 1934, one of the most significant the Great Depression. A chain of misery strikes in Teamster history occurred in

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Minnesota when Teamsters Local 574 fought Workers Win Right to protect union workers from the “Citizens Alliance.” This “Alliance” was an intolerant To Organize coalition of employers who hoped to form One of the key products of the increased an organization that would weaken and ulti- militancy and activity of workers in the mately destroy the unions, so they could 1930’s was a U.S. Federal labor law, the install “company unions” under their con- National Labor Relations Act of 1935 trol. The lines were drawn and the battle was (NLRA), which was enacted to “level the brutal. Before the Teamsters came out victo- playing field” during organizing and bar- rious, several members were killed in street gaining efforts. The intent of the law was battles and many others wounded. The to make management’s intimidation and Teamsters were successful in building com- interference illegal. Employees who munity support for the workers and used a worked in the railroad industry in the very effective strategy that incorporated United States had attained protection in other unions and workers. This strike served 1926 through the Railway Labor Act as a turning point for workers everywhere in (RLA). Today, the Railway Labor Act cov- that it signaled the power workers had when ers railway and airline employees in the they stuck together. U.S. only.

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U.S. Policy Toward Unions The first section of the National Labor Relations Act in the U.S. lays out the underlying premise of why organized labor is important in securing a healthy society. You will find these sentiments in all labor legislation. According to the NLRA of 1935, “It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization and designation of representatives of their own choosing.” Also that same year the U.S. Congress passed the Social Security Act. In 1938 the Teamsters struck for, and worked hard to achieve, the Fair Labor Standards Act (FLSA) that established a maximum workweek of 44 hours and a minimum wage. The Motor Carrier Safety Act of 1938 prescribed maximum hours of service for drivers of motor vehicles operated by common and contract carriers. When the U.S. entered World War II in 1941, President Roosevelt (FDR) asked Teamsters President Tobin to sit on the National War Labor Board, which was responsible for settling labor management disputes through arbitration. By 1942, 125,000 Teamsters were involved in mov- ing troops to the frontline to defeat the German army.

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Taft-Hartley And was known for his loyalty to Teamster members and his determination to fight The Open Shop for improvements in their wages and Post-war Teamsters membership hit working conditions. He ingeniously timed 900,000 members despite the anti-union the expiration dates of multiple freight Taft-Hartley Act of 1947, which outlawed contracts so they coincided with each “closed shops,” jurisdictional strikes and other and was successful in negotiating the secondary boycotts. Taft-Hartley also first-ever National Master Freight made possible the Right-to-Work “for less” Agreement, a contract that consolidated laws, which has had a devastating effect on the power of freight drivers nationwide. union strength. The first National Master Freight Although Taft-Hartley threatened to Agreement was signed in February, 1964. weaken the union in the United States, the The political action committee DRIVE developing area-wide and multi-state bar- (Democrat, Republican, Independent gaining strategy was paying off. Truck Voter Education) was also formed by drivers were nearly unbeatable in sustained Hoffa in 1959 in response to the anti- job actions. union legislation that had developed. At the 1952 IBT convention, Tobin The rising strength of the union announced his retirement after 45 years at brought on an onslaught of attacks not the helmof the union. Dave Beck was only against the Teamsters Union but also elected his successor. The next year against President Hoffa himself. The International union headquarters moved whole of government, courts, business and from Indianapolis to Washington, D.C. for law enforcement agencies tried to under- strategic reasons so the union would be mine the strength that had been built close to the halls of Congress. through organizing and solidarity. The 1950’s have been referred to as the Although the myths and legends sur- “Golden Years” for economic development rounding General President Hoffa in the North America. Equipped with abound—one thing is for certain— labor law protection, workers formed Teamsters members remain loyal to his unions and a strong middle class emerged memory because he increased their wages in the United States and Canada. and quality of life. He devoted his life to Employers were making money and raising the standard of living for millions unions were negotiating higher wages and of working families. better working conditions. Continued Growth National Freight Contract During the 50’s, 60’s and 70’s the Teamsters In 1957 James R. Hoffa was elected continued to negotiate strong contracts in General President of the Teamsters. Hoffa the transportation and delivery industries

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such as United Parcel Service (UPS). Each powerful union. successive General President added other In 1976 a separate division within the industries that depended on trucking to International Union was recognized and the ranks of the Teamsters Union. These the Canadian Conference of Teamsters was industries include brewery and soft drink, established. In 1992, in recognition of the newspaper, dairy, motion pictures, and desire to acknowledge autonomy for “public” sector employees. The union con- Canadian workers, a special resolution was tinued to grow in strength and numbers. passed at the International Convention At the same time, the union faced intense providing for a more independent affilia- scrutiny by law enforcement and govern- tion and changing the name to “Teamsters ment regulators intent on weakening a Canada”. Teamsters Canada has greater 71528_Text_Layout 1 1/23/12 6:37 PM Page 17

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autonomy in both elections and developing policy for Canadian workers and is affiliated with the International Brotherhood of Teamsters (IBT), the Canadian Labour Congress (CLC) and, in the province of Québec, the Québec Federation of Labour (QFL). In 1991, the structure and governance of the Teamsters Union was changed to require a direct election of the International officers by the membership instead of by convention delegates which had been the system since the Union was founded. In 1997, Teamster members at UPS successfully carried out an historic strike in the package delivery industry at United Parcel Service (UPS). For many unionists this strike was a benchmark for a renewal in the labor movement.

together with five other progressive, like- A New Era minded unions formed a coalition called Pride, strength and growth define the "Change to Win." The Change to Win renewed spirit and determined mission of unions are building a movement of work- the Teamsters Union following the election ing people with the strength to demand of James P. Hoffa in 1999. A fresh energy dignity and respect for all workers, and and strong sense of solidarity infusing the provide them with the means to achieve membership, from the General President their own slice of the American dream: a to the newly organized, has made the paycheck that supports a family, affordable Teamsters Union the leader in restoring health care and a secure retirement. the power to the labor movement in the Through recent tough economic 21st century. times, President Hoffa and his team Under the Hoffa Administration, the worked to protect Teamster members and Teamsters General Executive Board has all workers through strong contract been determined to make the Teamsters enforcement, aggressive organizing, and Union the strongest and most effective political involvement at every level – local, union in the world. In a bold move to bol- state and federal. President Hoffa has ster organizing, the Teamsters Union, become the primary spokesman for

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Teamster Structure

he structure of the Teamsters candidates for International Union Office. Union is unique in that most of the Like the Republican and Democratic Tdues money paid by the members is Conventions, candidates are elected to run kept at the local union level where it is for the General Executive Board offices of used to represent Teamster members on a the General President, General Secretary- day-to-day basis. Teamsters Local Unions Treasurer, Vice Presidents and Trustees. are autonomous: this is why the Union is The General Executive Board–is responsi- strong. Each Local Union makes decisions ble for the administration of the Teamsters that are in the best interest of the members Union. Since 1990 members of the General they represent. Coordinating bodies have Executive Board (GEB) are directly elected been built into the structure of the by Teamster members. The top officer of Teamsters to assist local unions with the Union is the General President who organizing, negotiations, political action, guides the union’s daily activities includ- education and industry specific issues ing supervision of programs and poli- or problems. cies of the International Union. The IBT Convention–held every Between conventions, the General five years, is the highest governing Executive Board is the ruling body of the Teamsters Union. authority of the Union and Each Teamster local union International meets on a quarterly basis. elects delegates to attend the Convention Local Unions–form the convention. The members every 5 years backbone of the give these delegates the Teamsters Union. Your authority to amend the General Executive Board local union is one of IBT Constitution, General President more than 400 local enact resolutions General Secretary-Treasurer unions located and set union Vice Presidents throughout the policy. 3 Trustees United States, Delegates also and Canada. nominate Trade Divisions Trade Conferences State Conferences Joint Councils (3 or more Local Unions)

Local Unions – over 400 1.4 million members

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Local Union Leadership small package, private sector or public sec- One hallmark of the Teamsters Union is tor, industrial or craft. However, most strong autonomy held by the local unions. Teamster locals are “General Locals,” This autonomy gives the members more meaning that the Local Union represents control over their local affairs than most members in any number of industries or other unions. Many local unions retain sectors of the economy. experienced labor attorneys, certified pub- Just as the local is the backbone of the lic accountants, full-time business agents, International Union, the steward is the organizers, administrators and clerical backbone of the local union. Stewards are staff. The members elect their own officers members elected or appointed to represent from within the ranks of the membership. workers in a particular area or work site. Teamster leaders emerging in this environment are equipped to fill the roles of Local Union Structure

Local Union Membership

Local Executive Board President, Secretary-Treasurer, Vice President, Recording Secretary and three Trustees are elected by the membership every there years.

skilled negotiators, organizers and business Executive Board Meeting agents. This goes a long way toward estab- Held Monthly lishing and maintaining the stability of the organization while providing democratic General Membership Meetings control over the relationship between Where the Action is! members and officers. The Teamster Held Monthly members of today are the Teamster leaders of tomorrow. Some locals are chartered based on a By-Laws for local specific location, while others target an administration are adopted industry or company, such as freight or by the membership

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Local Union Stewards your steward first and if you are still not The steward system is the way through satisfied, tell the steward you would like to which members enforce their rights in the speak to the local union’s Business Agent. workplace. Each local differs somewhat in Every time you have a problem in rela- the way stewards are selected and the tion to your employer, you should let the duties that they are given. Generally speak- steward know about it. It is helpful to ing, the communications follow the sam- write down any pertinent information so ple below: you and the steward can work together to document any violation of your rights. Some actions taken by Management Local Officers and are direct violations of your rights spelled Business Agents out in the contract (see chapter on TEAM- STER RIGHTS) or law, and need to be processed through the appropriate procedures. Other actions, while annoying or Chief Steward Chief Steward hurtful, may not be violations and; therefore, cannot be processed through the con- Stewards Stewards tract. Your steward and Business Representative have the most thorough understanding of your rights and will let Members Members you know what avenues are available for addressing issues you have with the The number of stewards that your bar- employer. gaining unit has varies from workplace to All solutions to worker problems must workplace. Stewards can be either elected be made through the local union because by the membership or appointed by the the local union is responsible to all mem- local union. Usually you will have a desig- bers, not just a few individuals. Labor law nated steward for your job, area or shift. places this right and responsibility on the Sometimes members will “shop” for a Local Union; therefore, if management steward because they do not like the tries to get you to agree to something, be answer they received from the steward sure to run it by your union steward. assigned to their work area. While this The members of each local union type of behavior is understandable, it determine how their local is run through weakens the structure within the work- local union “by-laws” that must conform place and ultimately weakens your posi- to the International Constitution and Law. tion in relation to management. If you These by-laws, and certain other adminis- feel as through your steward is not trative activities of the local, are often dis- responding to you appropriately, talk to cussed and voted on at general membership meetings.

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General Membership Meetings One of the most important responsibilities of a Teamster member is attending the monthly membership meetings. The membership meeting is where you get the opportunity to exercise your democratic rights within the local. It is where you make your voice heard in relation to issues of importance in the workplace as well as decisions being made by your elected union leadership. It’s also where we learn what’s going on in our locals and how to participate in union activities. Also keep in mind that other members may need encouragement to attend or may have a difficult time getting to the meeting. Going as a group gives you time to discuss issues with fellow members. Trade Divisions And Trade Conferences The Trade Divisions and Conferences that are organized at the national and international levels, provide special help to locals who have members in particular industries or perform specific types of work. These locals have a common interest in that they either bargain in the same industry or with the same employer at different locations. The trade divisions and conferences serve as an information clearinghouse for bargaining on a national or regional scale. They also provide industry experts to testify at the government level on behalf of or against proposed legislation, which will

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affect workers in a specific trade. These divisions and conferences are:

Airline

Automobile Transporters

Bakery & Laundry

Brewery & Soft Drink

Building Material & Construction

Dairy

Express

Food Processing

Freight

Graphic Communications

Industrial Trades

Motion Picture & Theatrical

Newspaper, Magazine & Electronic Media

Package

Port

■ Public Services

Rail

Solid Waste, Recycling & Related Industries

Tankhaul

Trade Show & Convention Centers

Warehouse

Joint Councils In cities with three or more local unions, Joint Councils are established to help coordinate the activities of the local unions and other affiliates of the International Union.

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Joint Councils decide questions of jurisdic- order to coordinate state-wide activities, tion and try cases against local unions including area wide collective bargaining, brought by members or other local unions. organizing and political activity. The Joint Councils often employ organizers and D.R.I.V.E. representatives to strengthen Teamsters Canada their power locally. Because businesses crossed national boundaries in their attempt to make profits State and Multi-State and increase productivity, workers found it Conferences in their best interest to join hands across these same national boundaries. There are five state or multi-state conferences: Historically, workers in the United Illinois States and Canada have understood the strength they gain by working together for Missouri-Kansas-Nebraska the common good. As discussed in the New York section on Teamster History, Canada has Ohio established a regional structure within the International Union called “Teamsters Pennsylvania Canada”. Below is a structure chart show- All local unions and Joint Councils ing the offices and locals that make up within the state conferences affiliate in Teamsters Canada.

Organizational Chart of Teamsters Canada Rail Conference Teamsters Canada Teamsters Canada Rail Conference Maintenance of Way Employes Division Central Regional Office (Mississauga, Ontario) Joint Council 91 Local Unions: 91, 100M,230, 419, 647, (Quebec) 847, 879, 938, 1979

Joint Council 52 Local Unions: 91, 230, 419, 647, 847, Teamsters Canada (Ontario) 879, 880, 938 & 1979 National Office Joint Council 90 (Laval, Quebec) Local Unions: 362, (Alberta) 395, 979 & 987

Joint Council 36 Local Unions: 31, (British Columbia) 155, 213 & 464 Western Regional Office (Vancouver, BC) No Joint Council Affiliation Local Unions: 855 & 927

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“It Is The Policy Of The United States”

hen the National Labor bedrock of capitalism. It was hoped that Relations Act (NLRA) was labor could provide the necessary restraint Wpassed in 1935 covering 90% of on the unbridled competition inherent in private sector employees in the United the economic structure of capitalism. States, both the U.S. President and To insure the health of organized labor, Congress stated in the first section of the labor laws protect two basic rights: the Act that it was the policy of the United right to Organize and to Bargain. States and in the best interest of the coun- Workers have the right to join together try for workers to belong to unions. In for their protection and to work in unison Canada, each Provincial law expresses this for their interest in the workplace. same sentiment. The Railway Labor Act (RLA) includes The Right To Organize the same sentiments and was passed in 1926 to cover employees in the railway Although your workplace was probably industry only. Today the Railway Labor already organized when you took the job, Act covers the airline and railway industry. workers in unorganized/non-union com- Similarly, some state and federal laws have panies have the right to join together and the same kind of language covering public form a union to further their interests employees. within the workplace. In your place of Although it is often difficult to identify employment, the men and women who this sentiment today, the political leaders work there, at some point, got together of that time realized that organized labor and asked management to “recognize” the was the only viable counter balance to the union. Non-union employers often try “free market” system, which forms the very hard to keep workers from doing this through fear and intimidation or offering them benefits for remaining non-union. Unfortunately, these short-term tactics cover up one critical fact that non-union employers do not discuss and that is that all employees in the United States who are not unionized are considered “employees at will.” This term means that the employer can establish rules, change your hours of work, require overtime, or fire you for no good reason. Only unionized workers are protected from these types of heavy-hand- ed activities. And unionized workers have

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a voice in determining the wages, hours 4. Grievance Procedure—Spells out and working conditions in their industries the process by which disputes and plants. between union and management As we have discussed earlier, in some will be handled. Over the years of the Canadian provinces workers do certain principles have been have an additional protection through law accepted as standards which are for “wrongful dismissal”, but proving the useful in insuring that workers do case can be very difficult. not receive unfair discipline. Generally speaking, this language The Right To Bargain will include procedures management must follow before issuing Once workers form a union in the workplace, any form of discipline including labor law goes on to protect workers right to verbal and written warnings, sus- bargain over wages, hours, and working con- pensions and discharges. Most ditions—or to negotiate a contract. contracts contain “just cause” language which helps to insure that What Is Included In Most Contracts? management has a justifiable rea- The contract is a formal agreement between son for the discipline. Also, a fair the workers and their respective employers investigation and progressive forms covering all aspects of the working environ- of discipline can be included. ment. Most contracts contain the following items, format and procedures: 5. Vacations—Provides for the number of days you receive and how to This article defines 1. Recognition— schedule the days off. the legal relationship between the Union and the employer. It basi- 6. Holidays—Spells out the holidays cally states that you, as a group of that are provided and pay provisions workers, are recognized as an for those who work on holidays. organized group under the law. It 7. Sick Leave—Types of sick leave explains who is covered by the con- available whether paid or unpaid. tract-the bargaining unit(BU). 8. Disability—Terms of both long 2. Hours Of Work—Lays out the and short term disability. hours and breaks that you are allowed during the day. It often 9. Wages—Pay scale, increases and includes holidays and overtime incentives. provisions. 10. Pension—Retirement program. 3. Seniority—This article defines how your length of service will be 11. Health Care Insurance. computed and used in determining 12. Management Rights—A manage- rights and benefits on the job. ment clause that protects their

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right to direct operations. In What is the Grievance Procedure? essence it establishes their right to This part of the contract is the judicial pro- most issues not covered by the cedure that provides for a series of “steps” contract. or meetings where the union accompanies 13. Non-Discrimination—A clause the member in seeking a resolution to vio- that emphasizes workers’ rights to lations of the contract that arise in the expect a working environment free workplace. For the sake of clarity, take the from discrimination based on age, example of a worker who is entitled to gender, race, sexual orientation, overtime pay according to the contract but disability, etc. does not receive it from management. If the employer failed to rectify the situation a 14. Safety and Health—sets up com- grievance would be processed in accor- mittees, procedures for identifying dance to the grievance procedure to insure and reporting unsafe situations, the members’ payment. special equipment or clothing, etc. Below is a sample a grievance procedure—steps and time limitations vary from These issues local to local and contract to contract. are usually included in most con- STEP 1: The steward, member and tracts. Depending supervisor try to informally resolve the on your job or problem. industry there STEP 2: If step 1 is unsuccessful, the stew- could be addition- ard and member formalize the com- al language to plaint in writing and submit it to man- cover job bidding, agement on an official grievance form. part-time workers, travel and STEP 3: If step 2 is unsuccessful the Local meal allowances, Union Business Agent and Human etc. Resources try to work out a settlement. STEP 4: If step 3 is unsuccessful, the Grievance and problem is forwarded to arbitration and heard by a neutral, third party Arbitration Procedure whose decision is final and binding. In The most important Article in the con- some cases, the problem may be heard tract is the Grievance and Arbitration by a Grievance Panel made up of equal Procedure. This provides the enforce- members of labor and management ment procedure for all of the other arti- reps. If they deadlock, then the prob- cles which define your benefits and rights lem goes to arbitration. in the contract. FINAL STEP: Resolution

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How do we determine what rights to local level. These national contracts pro- bargain over? vide for more power by combining every- The first time you negotiate with manage- one into one force that does not allow ment can be a very intimidating experi- management to move production to ence. The local union will provide guid- another site during negotiations. ance and usually has contracts negotiated What you achieve through negotia- by other groups in similar jobs or indus- tions depends on the solidarity you tries that you can review prior to drafting demonstrate to management. Too often “proposals”—suggested items to be members do not realize how damaging included in the contract. The key to internal conflict can be during this critical understanding the provisions in your con- period of labor management negotiations. tract is reading it thoroughly and going to Bargaining strength depends on the degree membership meetings where the language of unity you have with your fellow co- is discussed. Also, ask the business agent workers. or steward for an explanation of language. And remember, members have the final say as to what language will be accepted through a voting process at the end of negotiations.

Who negotiates the contract? A committee that is made up of Teamster members, stewards and the business agent from your local union, usually negotiates the contract. Committees made up of representatives from all of the affected local unions negotiate the larger National Agreements. Issues specific to a local or What should I do during negotia- regional area are negotiated locally and tions if I hear rumors, or it manage- added as supplements to the Master ment tries to influence me? Agreement. For example, a nationwide team nego- Talk to your steward: tiates the National Master Freight Many rumors are started by both sides Agreement (NMFA), the UPS contract, during negotiations. The most frequent and the Anheuser Busch National Master rumors develop around either strikes or Agreement in the U.S., and the Purolator plant closures—both sides like to remind contract in Canada. Local supplements to the other side of their power base during the master agreement are negotiated at the negotiations.

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Always confirm rumors about contract committee to the union members. Just language with the negotiating committee, remember their jobs and benefits are on but remember—both sides will be testing the line just like everyone else. out different proposals and may not want the essential core of the proposal to be “Divide and Conquer” is a tactic used leaked out at the worksite. very effectively by management: Another dynamic that enters into the bar- Remember the dynamics of bargaining. gaining arena is the importance of a par- The pressures of negotiations take many ticular proposal. For example, if the forms and it is critical for you to give the workers are younger and view their jobs negotiating committee your full support. as a temporary stepping stone to some Always assume that their actions are for a other occupation they will place more good reason. Never believe what manage- interest in perhaps wages, holidays or ment has to say about their ability or tac- vacations. If, however, the workers are tics. It is a natural tendency for manage- older they may place more weight on sen- ment to try to discredit the negotiating iority, pensions and health care. Skilled

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negotiators may see the need for a main- job in the industry or area. tenance of standards clause or a need to Non-union employees must rely on weaken the “management’s rights” clause. either favoritism or the “good will” of As you can see trying to come up with their supervisors. Only unionized language that will incorporate everyone’s employees have contracts and enforce- interests is very difficult. Often these dif- ment procedures. ferences are played out among the negotiating team members. Are there laws that protect In the end, the members who are cov- workers’ rights? ered by the contract will determine As mentioned earlier, current legislation whether it is acceptable or not. Each (laws) was fought for and won with the member has the right to vote as to support of the labor movement. whether the local accepts the contract or Unfortunately, there is very little work- rejects it. The decision to accept or reject place protection without a union. Most must be made with serious consideration of the laws passed to protect workers’ and understanding of the consequences. rights cover a very narrow range of I have heard people say “I know some issues. Below is a brief listing of some of workers who are non-union and they have the U.S. laws that pertain to workers: pretty good benefits without a contract.” (Most of these areas are covered in one Statistics show that union workers law in the Canadian provinces.) have higher pay, better working conditions, retirement benefits and health and Social Security Act (1935)—provides welfare. They are also the only group that retirement benefits for workers who reach a cannot be fired without “just cause.” Non- certain age and no longer work. Although union employees who appear to be “better the original Act intended Social Security to off” in the short run are usually much be a “safety net,” it has become the single “worse off” in the long term. When things source of income for over half of the retired go wrong, which is usually the case, they population. are left standing alone. Unfortunately, managements’ short-term tactics tempt Fair Labor Standards Act (1938)— inexperienced workers. One look at Sets minimum wages and minimum hours Silicon Valley shows this problem. of work. In the early development of the com- Motor Carrier Safety Act (1938)— puter industry in Silicon Valley, employ- Prescribes regulations for transportation ees seemed to be skyrocketing to money safety. and benefits. Today, the sad stories of lost hopes and dreams abound. Civil Rights Act (1964)—Prohibits Hundreds of workers have been dis- discrimination on the basis of race, sex, missed as “obsolete” and can not find a age, religion or national origin.

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Occupational Health and Safety Act Know your Weingarten rights. (1970)—Provides minimum standards One of the most important protections for workplace health and safety. you have against disciplinary actions is a Americans with Disabilities Act Supreme Court ruling in the U.S., a law in Canada, insuring workers the right to have (1990)—Prohibits discrimination against a union representative present when there people with disabilities and requires com- is a discussion with management that panies to make “reasonable accommoda- could lead to discipline. This decision is tions” for workers with disabilities. referred to as the WEINGARTEN Family Medical Leave Act (1993)— RIGHTS in the U.S. Provides 12 weeks of unpaid leave for serious family illnesses. YES, YOU HAVE Workers Compensation Acts—Each state has a law governing payment to workers when they are unable to work because of an injury. RIGHTS! Although these are not all of the laws If you are called into a meeting with any affecting working conditions, it is obvious management representative and have reason that law does not cover most of the issues to believe that disciplinary action may result, covered by the contract. Therefore, being read them your Weingarten rights... a part of the union and establishing your rights within the contract is critical to your MY work life. WEINGARTEN What should I do if I think my rights are violated? RIGHTS First, read the contract. If this discussion could in any way Make sure you understand what the lan- “lead to my being disciplined or ter- guage says. If there is no violation of con- minated, or affect my personal work- tract language, regulation or law, most ing conditions, I respectfully request Arbitrators and Grievance Panels will not that my union representative or rule in your favor. Unfortunately, just steward be present at this meeting. because something isn’t fair does not make If this discussion could lead to my it a violation of your rights. The law being disciplined and you deny my request for representation, I choose requires that Arbitrators stick strictly to not to answer any questions. the contract language. ”

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It is important to make sure that you tration procedures, legal procedures and ask for union representation, because if the role of your union steward and busi- you do not ask, the employer is not ness representative or agent. required to offer union representation. In the beginning of this section, the Basically, you should state the following in basic rights provided by the labor law were all situations where you think the ques- cited: To organize and to bargain. tions could lead to discipline: Organizing “If this discussion could in any way lead to “To organize” concerns organizing a group my being disciplined or terminated, or of unorganized workers. But, the law also affect my personal working conditions, I protects your right to organize within the respectfully request that a union represen- union setting in relation to issues and tative be present at the meeting. Without problems that arise that are not covered by representation, I choose not to answer any any of the contractual or legal procedures available. In the Labor Movement this questions.” type of organizing is often referred to as Talk to your Steward. mobilization. Ask questions and try to understand the “intent” of the language. If the Steward asks you to take notes or document the incident you believe violates your rights—it is because the grievance procedure requires documentation.

Be willing to file a grievance and assert your rights. Often workers are afraid to file a grievance because they believe management will retaliate. This is illegal, even though some managers are either unaware of it or think that workers will not know. Mobilization The most effective way of demonstrating Group Activities the power that workers have in the workplace is through “concerted activity” which Protected By Law is protected by the labor law. Some activi- So far, the description of rights has cen- ties that would be protected are: tered on the contract, grievance and arbi-

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Meeting at breaks and lunch to discuss union issues or problems of concern.

Rallies and slogans emphasizing C.E.O. workplace issues.

Wearing buttons, ribbons, t-shirts, Managers, caps, etc. that show unity—unless Supervisors there is a pre-existing company rule concerning such issues.

Talking union and encouraging other Workers members to become involved.

Displaying union insignia, unless there is a pre-existing rule. Prior to the enactment of laws governing labor management relations and the Filing group grievances over safety creation of the legal and contractual pro- or health issues. cedures for resolving workplace conflict, Leafleting before or after work. workers used “concerted activity” to accomplish their goals… “Concerted activ- Why should I engage in these activi- ity was deemed more destructive than the ties? Isn’t that what the union is for? orderly legalistic procedures. Both labor Members often wrongly believe that they and management agreed to abide by the should be “taken care of” by the union. If collective bargaining, mediation, griev- you think about this concept logically you ance, arbitration and Board procedures to will realize that the union is only as strong as insure highly competitive and productive the members who make up the unit. The companies. best negotiator in the world cannot achieve Unfortunately since the bulk of labor a good contract without the power to back law has been passed, management’s atti- up the demands. If you look at the struc- tude toward the very procedures that were ture of most organizations and analyze the designed to keep workplace conflict peace- source of power, the importance of mobi- ful has deteriorated. A central tactic in its lization and participation becomes clear. strategy to undermine the strength of organized workers is delay. “Show Me The Power” Delay in bargaining. When you look at the power structure in Delaying in grievance handling. this way, it is clear why management is so concerned about the issue of control and Delay in arbitrations. discipline. Delay in Board hearings.

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Sometimes the only way to demonstrate to management the importance of following the proper procedures in a time- ly manner is to show what happens when workers flex their muscles. Unfortunately workers have become so accustomed to either accepting very bad working conditions or allowing management to wield total control that getting together and exercising their right for “concerted activity” rarely comes to mind. Acting together in unison can be done in a number of very creative ways, but you must be sure any type of group activity is well planned and a part of an overall strategy.

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What Lies Ahead For Teamsters In The Twenty- First Century? The Teamsters have combined the experience and knowledge of the past with the strategic planning and technology of the future to place the Union on the cutting edge of leadership in the labor movement. There is a new vitality in the Union, which can be seen in some of the major cam- paigns that have been launched and won in recent years. Employers are taking notice of the changes that are currently underway within the Union. They understand that the Teamsters are here to stay and will work with the employer when workers are treated with dignity, justice and respect or fight against them if workers are treated with disrespect or unfairness. Teamster leadership has come into its own. Throughout the country young men and women are stepping up to the chal- lenge of leadership and showing that young workers are determined to put labor in the center of the economic debate. The current generation realizes that only through an organized labor movement, can the global economy work for all workers.

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Appendix: Rights of Union Members

Union Member Rights and must make the reports available to members and permit members to examine sup- Officer Responsibilities porting records for just cause. The reports Under the LMRDA are public information and copies are The Labor-Management Reporting and available from the Department of Labor. Disclosure Act (LMRDA) guarantees cer- Officer Elections – Union members have tain rights to union members and imposes the right to: certain responsibilities on union officers. Many of these protections have been Nominate candidates for office.

incorporated in the International Run for office. Constitution and your local unions Cast a secret ballot. bylaws. The LMRDA, applicable to most members in the United States, provides: Protest the conduct of an election.

Officer Removal – Local union members Union Member Rights have the right to an adequate procedure Bill of Rights –Union members have: for the removal of an elected officer guilty of serious misconduct. Equal rights to participate in union activities. Trusteeships – Unions may only be placed

Freedom of speech and assembly. in trusteeship by a parent body for the reasons specified in the LMRDA. Voice in setting rates of dues, fees. and assessments Prohibition Against Certain Discipline – A union or any of its officials may not fine, Protection of the right to sue. expel, or otherwise discipline a member Safeguards against improper for exercising any LMRDA right. discipline. Prohibition Against Violence – No one may use or threaten to use force or vio- Copies of Collective Bargaining lence to interfere with a union member in Agreements – Union members and non- the exercise of LMRDA rights. union employees have the right to receive or inspect copies of collective bargaining Union Officer Responsibilities agreements. Financial Safeguards – Union officers Reports – Unions are required to file an have a duty to manage the funds and initial information report (Form LM-1), property of the union solely for the benefit copies of constitutions and bylaws, and an of the union and its members in accor- annual financial report (Form LM-2/3/4) dance with the union’s constitution and with the Department of Labor: Unions bylaws. Union officers or employees who

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embezzle or steal union funds or other to promote any candidate (nor assets commit a Federal crime punishable may employer funds or resources by a fine and/or imprisonment. be used). Bonding – union officers or employees who Permit candidates to have election observers. handle union funds or property must be bonded to provide protection against losses Allow candidates to inspect the if their union has property and annual union’s membership list once with- financial receipts which exceed $5,000. in 30 days prior to the election. Labor Organization Reports – Union Restrictions on Holding Office – A person officers must: convicted of certain crimes may not serve as a union officer, employee, or other rep- File an initial information report (Form LM-1) and annual financial resentative of a union for up to 13 years. reports (Forms LM-2/3/4) with the Loans – A union may not have outstand- Department of Labor. ing loans to any one officer or employee Retain the records necessary to ver- that in total exceed $2,000 at any time. ify the reports for at least five years. Fines – A union may not pay the fine of Officer Reports – Union officers and any officer or employee convicted of any employees must file reports concerning willful violation of the LMRDA. any loans and benefits received from, or certain financial interests in, employers • The LMRDA does not apply to local unions whose whose employees their unions represent members are employed by State and Local Governments. and businesses that deal with their unions. Officer Elections – Unions must:

Hold elections of officers of local unions by secret ballot at least every three years.

Conduct regular elections in accor- dance with their constitution and bylaws and preserve all records for one year.

Mail a notice of election to every member at least 15 days prior to the election.

Comply with a candidate’s request to distribute campaign material.

Not use union funds or resources

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Notes: