Local 455

October 2017

Negotiating ‘social justice’

Report from Robert (BJ) Jackson, business agent
DENVER — The main topic of the year to date has been “social injustice,” a far reaching impactful problem that we must all deal with in our daily lives to one extent or another. I am focusing on an aspect of social injustice now that seems to have gotten lost in the shuffle and taken a back seat with the media and that is the “War on Workers.”

There are several ways to counteract these social injustices, specifically the war on workers, and the most effective way in my mind is UNITY. I have never seen a more prominent display of this as I did recently in our negotiations with Albertsons/Safeway. The members, the negotiating committee and the union leaders never wavered from their main goal of reversing three negative and disheartening arbitration rulings, and adding to the job security for members by negotiating additional language restricting lumpers to performing duties they were actually hired to do.

While it was important to get increases in wages, health care and pension, the members all realized that no matter how big those increases were if there was no job protection then there would eventually be no jobs. Everyone stood their ground and at the final hour we all obtained of our objectives.

We put in subcontracting language that protects the entire unit. We got jobs back for the drivers that were lost over the last few years of the contract and restricted the company’s ability to subcontract in that department. We preserved the current jobs in the salvage department, not just for the members currently doing those jobs but the jobs themselves, once our members retire or leave for any other reason. We added a “Letter of Understanding” limiting the lumpers to specific areas of the dock and specific job duties.

Again, let me stress that all of this was made possible because not only were the members unified as to the demands that they were making but they were unified in the context of those demands.

Everyone was on the same page and to see it work as effectively as it did was a shot in the arm for me and it added to the positive outlook that is sorely needed in these times.

I hope we all realize the importance of UNITY and stick together in these trying times.

Report from Mark L. Madsen, business agent
It has been a very busy summer for everyone at Local 455, with contract negotiations, the Night at the Zoo, the Local 455 golf tournament and Member Appreciation Day events at several companies. It was great to meet a lot of new people at the events.

USFoods warehouse – We had been waiting for an arbitration ruling on an unjust termination case involving “workplace threats and violence.” The ruling was in favor of the company, which I believe was outrageous, but should give everyone the heads up on “what they say and to who they say it.”

USFoods – The company has put the driver safety policy on hold until corporate decides on a plan they choose to implement. I would like to thank Stewards Ted Lontine, Joe Cherro and Jeremy Bustamante for all the time and work they put in on the preferred work methods in the interim. We will negotiate the “new” driver safety policy when the company decides to enforce one.

Seattle Fish – As of the last printing the company had tried to implement new attendance and drug policies without negotiating the changes with Local 455. We did finally get the company to sit down and negotiate the new drug policy that will protect our members’ rights and keep a safe work environment for everyone. The attendance language in the current contract will be adhered to until its expiration.

Aramark – A new contract was ratified by an overwhelming majority at the end of June, with very good progress on the issues of healthcare, wages, and the 401K.The guys stood together to protect their benefits and families with great results. I would especially like to thank Stewards Frank Personette and Ian Maher for their hard work. Congratulations.

Canteen Vending – We had an issue with breaking up commission routes in the Colorado Springs area, while protecting the members income and seniority. With the help of Steward Kary Weber, and the drivers involved, we worked out an equitable settlement with the company on the new routes. It is a location that has a strong group that clearly supports each other. Thanks for the hard work guys.

Report from Don Ramsey, business agent
United Airlines, mechanics and related – Union Committeemen Ken Meidinger and J.J. Johns worked with Bill Loweth to negotiate with AFLAC, one of the best voluntary supplemental insurance packages I have ever reviewed. We will be finalizing our plan to educate and offer this opportunity to our members in the next couple of months.

On a darker note, I cannot stress enough how important it is to NEVER drink and drive. United is taking on a much stricter approach to DUIs and loss or restriction of drivers’ licenses. Every way possible to eliminate your job will be utilized by the company.

Frontier Airlines, aircraft appearance agents – We recently met with Frontier to continue negotiating a new contract. We have made significant progress and have now entered the slow phase of this process. This is where current work rules that have economic consequence are being discussed. The final phase of course is the direct economic issues such as wages and benefits.

Frontier Airlines, controllers – We are still on hold with the national mediator but have requested to re-engage with the company.

Frontier Airlines, material specialists – Material specialists received the second half of their contract signing bonus this month. The union has been involved with management to help create a better work environment and welcome the new manager, Jonathan Fox. His philosophy aligns with ours to create a healthy, friendly, professional work place.

Frontier Airlines, mechanics and related – The mechanic group also received their second half of contract signing bonus. We have many grievances that were held in abeyance until the return of the vice president of maintenance who ultimately decides the company position. He has since returned and we are scheduling the meetings to move forward.

Southwest Airlines, material Specialists – Southwest is growing this department and recently expanded the stores area. The company used a field service group to assist in the set up resulting in four sustained grievances. The union is currently surveying and regrouping for continued negotiations after the failed vote on the tentative agreement.

Report from Dean Modecker, business agent
Grupo Bimbo management has flown into Denver three separate times asking the local to approve camera’s in the RSR trucks. All three times the employer has been told NO, NO and hell NO!
The local then received calls from RSR’s telling us that the company has illegally placed camera’s in some route trucks, mainly in outlying areas.

The company’s response: “We bought the new trucks and they had cameras in the trucks when we ordered them.”

Local 455 has filed grievances and will arbitrate this matter. If this company wants this change of working conditions they should have proposed it in negotiations, so we could have at least negotiated some benefit for all RSR’s to enjoy, not come through the back door illegally.

If you see a camera in your sales truck, please inform the local and tape over the canvas eye.

We will keep everyone well informed.

Thrift Stores – The employer is in the process of fixing and paying backpay to those paid working on the Holidays, thanks to Deb and Dianne for finding the incorrect pay.

Report from John Hennelly, business agent

ABF – Congratulations to Nate McCarty, Terry Coomer, Chris Kibby and Wayne Owens who represented ABF in the Colorado Truck Rodeo. The team finished in second place, just five points behind the winning team. These drivers are emblematic of the professionalism displayed by Teamster drivers throughout the country. Also, make sure you fill out the contract suggestion forms as negotiations will be ramping up in the next month.

Bags Inc. – As summer travel increased this year, the amount of checked baggage on UAL flights also increased. At a time when our members would like to take some well-deserved time off to spend with family, the company is pushed to the limit to properly staff the curbside baggage check podiums. We ask that those members not seeking time off pick up as much extra time/overtime as they can. This will allow those members who do want some time off to be allowed to take it. Help your brothers and sisters out and they will do the same for you when you want some time off.

SP+ – Both valet and lead groups are experiencing short staffing issues. Because of this, the attendance policy has been strictly enforced by the company. Members should be aware of the policy contained in the CBA and make every effort to adhere to it. If you feel you are being unfairly pressured or disciplined according to this policy, please contact me immediately before you are put at risk for further discipline.

Nationwide/ABM – The ABM AMOD’s contract negotiations have concluded and the contract was ratified by the members. Printed copies will be available within the next two weeks. With the very hot temperatures this summer, tempers are also hot and patience of customers is running thin. Please be aware of this and make sure the customers are handled with your usual expertise and a little extra care.

YRC – The company unveiled their long-awaited change-of-operations and we in Denver were not listed for any runs to Salt Lake City. I attended the change-of-operations meeting in Chicago along with Stewards Ron Baird and Brian Schmer. Thanks to their invaluable historical knowledge and armed with freight numbers going back 12 months, we were able to get two immediate bids to Salt Lake City with a promise of 2-3 more.

Denver Post – Daily issues continue to arise within the pressroom and your committee is working diligently to stay on top of things. In transportation, things are running a little smoother and it is fortunate that most of that department’s work is accomplished at night so the heat and terrible traffic on the areas roads are not as big an issue. Driving at night does have its own set of challenges and our member drivers handle these challenges in their usual professional way.

August 2017

Heavy workload for members at DIA

Report from John Hennelly, business agent
DENVER — Bags Inc.–With summer travel increasing, the amount of checked baggage on UAL flights is also increasing. At a time when our members would like to take some well-deserved time off to spend with family, the company is pushed to the limit to properly staff the curbside baggage check podiums. We ask that those members not seeking time-off pick up as much extra time/overtime as they can to allow those members who do want some time off to be allowed to take it. Help your brothers and Sisters out and they will do the same for you when you want some time off.

SP+ — Both valet and lead groups are experiencing short-staffing issues. Because of this the attendance policy has been strictly enforced by the company. Members should be aware of the policy contained in the CBA and make every effort to adhere to it. If you feel you are being unfairly pressured or disciplined according to this policy please contact me immediately before you are put at risk for further discipline.

Nationwide/ABM — The ABM AMOD’s contract negotiations have concluded. Each member should have a copy of the tentative agreement for review. We will vote the contract on the property on Monday July 24. Check the posting for more details. With the very hot temperatures this summer, tempers are also hot and patience of customers is running thin. Please be aware of this and make sure the customers are handled with your usual expertise and a little extra care.

YRC — We are still anxiously awaiting the company’s change-of-operations. Freight Director Ernie Soehl has advised the local that the company is still working on it, and the expected timeline has been delayed. We will keep the members updated as things develop.

Denver Post — Daily issues continue to arise within the pressroom and your committee is working diligently to stay on top of things. In transportation things are running a little smoother and it is fortunate that most of that department’s work is accomplished at night so the heat and terrible traffic on the areas roads are not as big an issue. Driving at night does have its own set of challenges and our member drivers handle these challenges in their usual professional way.

Report from Mark Madsen, business agent
I hope you are having a great summer, and that we will see you at the Zoo Night or the golf tournament. Here are a few updates:

Aramark Vending — We completed contract negotiations in mid-June and it was a great result for the members, with solid support for ratification. The members gained significant increases in wages, insurance cost savings and increased matching to their 401k plan. A big thanks to former Local 455 President Chuck Haliburton and Stewards Frank Personette and Ian Maher.

Congratulations.
Whitewater — As the month’s Rocky Mountain Teamster goes to press, we are in the process of trying to get the guys in Grand Junction into the Joint Council 3 health and welfare plan. The employer is faced with a 24 percent increase in cost, of which the employer will absorb 7 percent, and the members will take a 17 percent hit. I am working with Vince Shaw, who sits on the JC 3 board to try to get this done for the guys quickly to avoid the big cost increase. We will update you later.
USFoods — The arbitration that was scheduled for the Driver Safety Policy has been canceled because the company informed Local 455 that they intend to implement another “new” policy in 2017. So we will address the new policy when it is implemented, and take all action necessary through the grievance and arbitration process. Also, the company had a time study done on the warehouse functions to prepare for the use of triple pallet jacks for order selection. The company has tried this several times before, but seems intent on proceeding after Labor Day. The IBT Engineer already has the report and I am sure there will be several issues that we will have with the new process. We will grieve every issue that comes up and make sure that the new standard is fair for everyone.
Everyone be safe and enjoy the final days of summer.

Report from Don Ramsey, business agent
United Airlines MX and related — I will forgo any positive things that occurred this month so I may emphasize the following subject matter. United Airlines has taken on a new low in its managerial style. They are firing people left and right system wide, including Denver, and trying to impose rules that have not been posted for the Tech Ops groups.

Early buyout is only one way to get rid of the aging workforce. Another way is with their “Notification of any Arrest or conviction of a felony” that must be reported within 24 hours of the occurrence. This is now a tool in which they will impose sanctions and Last Chance Agreements on employees who have a substance or driver’s license restrictions arrest.

Do not put yourself in this position by having alcohol and driving or being near your car while drinking with keys in hand. It is a DUI in Colorado and will result in drastic sanction by the company. Do not use any non- prescription drugs even if you are not subject to random testing.
Frontier Airlines — Frontier and Teamsters will resume negotiations for the aircraft appearance agent group in August. We look forward to improving their conditions, rules and benefits.

Controllers — The company doesn’t want to pay industry percentage rates for this newly accreted work group. The national mediator seems to recognize this and will not allow us to engage until September or October at the earliest.

Mechanics — We have several grievances being processed for work scope violations.

Material Specialists — The company violated the contract for training and quickly fixed the problem.

Southwest Airlines — The material specialists just turned down their tentative agreement with force. The Airline Division is quickly regrouping to get to an acceptable contract proposal.

Teamsters Local Union No. 455 Nomination Meeting and Election Notice

Pursuant to Article 22, Section 4 of the Constitution of the International Union and Section 16 of the Local Union By-Laws, nominations will be held as follows for the offices of Secretary-Treasurer, President, Vice-President, Recording Secretary and three (3) Trustees, for the period January 1, 2018 through and ending December 31, 2020.

The nominations will be held at the regular monthly membership meeting on October 3, 2017 at the Local Union Hall (10 Lakeside Lane), commencing at 6:00 P.M.

The International Constitution and Local Union By-Laws provide in part that nominations shall be made at a meeting by a member in good standing, other than the nominee. Prospective nominees are advised to verify, in advance of the nomination meeting, the eligibility of their nominators and seconders.
Candidates must accept nomination at the time made, either in person or, if absent, in writing, and may accept nomination only for one office.

Nominations will be conducted in accordance with the rules set forth in the International Constitution and Local Union By-Laws, which are available upon request.

To be eligible to nominate and otherwise participate in the nomination meeting, a member’s dues must be paid up through the month prior to the month in which the nomination meeting is held.

Article II, Section 4(a) of the International Constitution provides in part that to be eligible for election to any office in a Local Union, a member must be in continuous good standing in the Local Union in which he is a member and in which he is seeking office for a period of 24 consecutive months prior to the month of the nomination for said office; and must eligible to hold office if elected.

“Continuous good standing” means compliance with Article X, Section 5, concerning the payment of dues for a period of 24 consecutive months, together with no interruptions in active membership in the Local Union for which office is sought because of suspensions, expulsions, withdrawals, transfers or failures to pay fines or assessments.

NOTICE OF ELECTION

The election shall be conducted by mail referendum ballot, with ballots being mailed to each eligible member at his last known address no later than October 16, 2017.
Only ballots received in the USPS Post Office Box designated for the election by 9:30 a.m. on November 3, 2017, shall be counted in this election. The ballots shall be counted and the results certified by John L. Seibel, Esq. of TrueBallot, Inc.or his designee, 3 Bethesda Metro Center, Suite 700, Bethesda, Maryland 20814.

Any member in good standing and who is eligible to vote, who has not received a ballot by October 27, 2017, or whose official ballot has been returned because of an incorrect address, may request the issuance of a replacement ballot by calling Cindy Gallegos at Teamsters Local Union No. 455 at 303-458-1600 Ext. 304.

By October 16, 2017, each eligible member will be mailed the following:
1. An official ballot with instructions for voting on the reverse side.
2. A return, Business Reply Mail envelope.
3. A “Secret Ballot” envelope.

When you receive your mail referendum ballot, we recommend that you read and follow
the instructions.

DO NOT SEND DUES PAYMENTS
IN THE RETURN ENVELOPE.

John L. Seibel Esq. of TrueBallot or his designee, Inc. will pick up the ballots at Wheat Ridge Post Office located at 4210 Wadsworth Blvd at 9:30 a.m. on November 3, 2017 and will tabulate them immediately thereafter at Teamsters Local Union No. 455 Union Hall located at 10 Lakeside Lane.

TrueBallot will register all returned ballots, open all of the envelopes, tabulate the results and certify to the Union the results of the election. Certification of the results shall be provided within twenty-four (24) hours of the election and available via telephone message at the Local Union Hall at (303) 458-1600.

All officers elected in the forthcoming election shall, by virtue of such election, be delegates in any Joint Council Delegates Meeting which may take place during their term of office; and the officers elected in the forthcoming election shall be delegates to all Teamsters subordinate bodies and all other conventions in accordance with Article II, Section 4(g), and Article III, Section 5, of the International Constitution.

Fraternally,
Steven P. Vairma
Secretary-Treasurer
Teamsters Local Union No. 455

June 2017

Automated vehicles not road ready

Report from John Hennelly, business agent
DENVER —
There is a big push to have automated vehicles on the road in our country. I am not going to write about the employment implications of this issue as that has been covered by many already. Instead I am focused on the safety aspect or rather the lack of safety associated with autonomous vehicles.

The current vehicles being tested are what is known as driverless, meaning that a person is in the vehicle but not actually performing the task of operating the vehicle. This type of test platform is ongoing in many states and as of this printing none of these tests have been perfect.

In other words, these driverless vehicles get into and cause accidents. The technology that is being used is not yet ready to replace the human brain when it comes to seeing and reacting to the many variables that can and do occur on the road.

Weather, construction zones, other careless or reckless drivers are just a few things that cannot be completely foreseen and therefore programmed into an automated vehicle. Combining these types of variables with high traffic volume and or high speeds greatly increases the likelihood of accidents.

Even worse is now there are some proposals to have completely automated vehicles on the road. These are vehicles with nobody in them to take control should something go wrong. This is totally unacceptable.

Until companies go through a testing process that demonstrates zero failures in real world operation in autonomous vehicle operation, then completely automated vehicles should never be allowed on our roads and highways putting us all at risk.

Working towards the right goal
Brothers and sisters: Rather than a unit-by-unit report, I would like to put forth the following: I have been conducting Labor/Management meetings at my properties whenever possible over the last few months and the reason is simple. The adversarial atmosphere that exists has become a huge problem and does not benefit our members.

Now I know it sounds and looks good when we as union reps storm in and MF management during a grievance meeting or any other meeting with management. But that may only fix one problem while it hardens management on other issues that impact our members. Rather than waiting until an issue results in discipline that we must fight through the often-contentious grievance process, I have the members communicate to me weekly what problems they had in that week and bring them to the company in a discussion style meeting.

So far it is working quite well on several properties when dealing with issues such as staffing, workloads and attendance. Management is beginning to show a little more respect towards our members and our members are feeling better about coming to their jobs, and that is improving overall productivity. After a few of these official meetings I have found that individual members feel empowered to take an issue to management themselves and management is actually listening and in many cases implementing changes in their operation.

This is a classic win/win for me as a business agent because I get an active membership and it frees up some time to deal with the very serious issues that occur, such as contract negotiations and serious discipline cases. My philosophy as I explain both to members and companies is that the union wants a stable, profitable company so our members can have a well-paying stable job. So let’s work together towards that goal.

Report from Mark Madsen, business agent
We have just completed our first round of negotiations with Aramark Vending and it is clear that once again the fight will be over the “Big Three” (health and welfare, wages and pension).

The members are strong on receiving a pension increase for the first time in three years and staying competitive on wages and insurance.

We have made significant progress in the first sessions and hope to conclude them in June with a strong new agreement.

USFoods – We have had talks with the company to see what common ground there was to forge a new Driver Safety Policy to replace an older existing policy, for which an arbitration was scheduled. The talks were to try and protect the members from multiple types of discipline, under one category, and allow the company to step someone out more quickly. We did in fact find many areas in which we agreed, but the main sticking point was the accident dollar amount for Major and Minor accidents. Once the company stated its intent not to define a major/minor accident we stopped the talks. We will proceed to reschedule the arbitration.

Seattle Fish – We have just completed negotiations for a new drug policy that gives the members a clearly defined policy that brings them up to today’s standards, as well as giving them equal standing with anyone in the company. Previously, the only people tested, post-accident or “under suspicion,” were our members. Now all employees are tested no matter their position. As well, the gray areas that management used to discipline our members before have been removed and we have a fair policy for everyone.

We have resolved dozens of unjust discipline cases at Seattle Fish for attendance resulting in multiple back pay settlements, with multiple day payouts, for our members. Steward Gary White deserves a big “thank you” from me and everyone at Seattle Fish for all the hours he put in on this project.
Everyone have a safe summer and we will hopefully see you at the great Teamster events coming up.

Report from Don Ramsey, business agent
Airline Division

The Airline Division has just announced an organizational structure change. They recently announced the addition of three new positions called National Coordinator. The leaders of each have extensive backgrounds in each designated position.

Vinny Graziano from Local 210 New York will be the National Coordinator for all Teamster represented airline mechanics and related.

Kimberley Barboro from Local 104 Arizona will be the National Coordinator for flight attendants and customer service employees.

Mark Niles from Local 1224 will be the National Coordinator for the pilots
United Airlines MX – The company rolled out a new attendance policy that many of you are justifiably upset with. We have expressed our concerns and objections with United and are working for an amicable solution. We just finished arbitration proceedings on two cases (Local 455) and are working on the post briefs to await decisions.

Frontier Airlines – We have ratified two contracts, mechanics and material specialists, and we currently have two left to negotiate. We are scheduled with the NMB to continue controller talks June 14-16. The aircraft appearance agents are not under national mediation and the request to the company to continue talks has been made. The company has moved most agents to midnights and has great difficulty hiring new employees.

American Airlines – We continue working through issues and the company has been continually improving its adherence to the new contract. There is improved recognition that Teamsters are the voice of the employees.

Southwest Airlines – The material specialist group is in the process of voting on a tentative agreement. Jason Winton will be attending the informational meeting in Arizona to get firsthand comprehensive knowledge of what will be voted on.

Report from Allen Frisbee, business agent
Following is the procedure for UPS members to follow in filing for short-term disability benefits with Teamcare.

Your short-term disability benefit provides a weekly payment as indicated in your Plan Benefit Profile. To receive these benefits, you must be disabled as a result of a non-work-related injury or illness or unable to work due to pregnancy; and you must be receiving regular care from your doctor. You must be actively employed and covered by the plan when you become disabled. To begin receiving your weekly payments, please follow the procedures below:

In order to begin the process, you must complete and submit the TeamCare short-term disability/ claim form- /initial report of disability. You can download and print the claim form from the TeamCare website at MyTeamCare.org or you can call 800-TEAMCARE to request a claim form be mailed or faxed.

Completing claim form
Part 1: Must be completed by the employee
Part 2: Must be completed by your treating physician
Part 3: Must be completed by your Employer/HR Department

Submitting claim form:
Once the claim form is completed, you can either mail or fax claim to:
MAIL: TeamCare –
Central States Health Fund
PO Box 5107
Des Plaines, IL 60017-5107
FAX: (847) 518-9757
Physicians updates
Once your disability payments begin, you may be asked to submit a short-term disability -continuation form to TeamCare with updates from your physician. Please return the form promptly to avoid delay in processing your payments.

UPS employees only
In addition to submitting your claim form to TeamCare, UPS employees must also call Aetna at 866-825-0186 to initiate your leave with UPS.

A medical note supporting your leave must be provided and Aetna will give you information explaining your additional responsibilities while on leave. Once on leave, medical documents must be sent to Aetna every 60 calendar days to recertify your leave. That documentation can be uploaded to your claim at www.aetnadisability.com.

General questions about your leave from UPS should be directed to Aetna at 866-825-0186.
If you have questions, please login into MyTeamCare.org and send a secure message (question) through the Message Center, or call a Benefits Specialist at 800-TEAMCARE (832-6227).

Report from Bob Adams, business agent
Safeway Milk Plant – A contract proposal meeting was held May 7 to receive input from our members on what changes in their labor agreement they would like to see. Contract negotiations for our members working at the Safeway milk plant are scheduled to start in July. Please watch your bulletin boards for any updates on any future meetings or issues that may arise.

Western Sugar – After an extremely long and exhaustive sugar beet process season the plants at Fort Morgan and Scottsbluff are now working into the juice processing season that, due to the many problems faced throughout this past campaign will be extended through most of the summer with little down time for maintenance.

Our members at this company have worked through some of the most stressful issues that have ever been experienced in this industry. They have worked very long hours in extremely poor conditions. As always, safety is of the upmost importance, and we remind our members to work safe and look out for each other. If something does not look safe, report it as soon as possible. No job is worth the risk of getting hurt.

Ryder Truck Rental – I’m pleased to report this company is finally starting to show some signs of growing their business in the Denver area. Due to the company gaining a substantial customer, the Holly Street location will go from a two-shift operation to a 24-hour operation. This will add six positions to this location.

Praxair – After working many years for this company, longtime Shop Steward Gary Benedetti has decided it’s time to retire and go fishing. We wish Gary–whose duties have included contract negotiations that have substantially benefited our members–a long and happy retirement. Local 455 gives thanks to Gary for all his hard work and devotion to our members at Praxair and to our union.

Report from Robert (BJ) Jackson ,
business agent

Sysco Denver – This company is blatantly violating the contract left and right. We are in process of filing board charges for bad faith bargaining. The V P of Ops recently left the company to pursue a job elsewhere. The company now has almost zero experience in management and they keep reinterpreting the contract and misunderstanding language when they bother to look at a contract. They say you get what you pay for and Sysco is proving that maxim to be true.

Safeway – We are preparing to enter negotiations with this company in July and I believe it will prove to be a very contentious exchange. The unit is really starting to come together right now and that will be a very necessary ingredient in the recipe for a beneficial contract. I have faith in the guys and the process, so we are ready to dig in and fight for a fair contract and the language that goes with it.

Imerys – Finally some good news: This company is starting to pick up more business and is in a good place right now. Some of our members there are even getting overtime, which was unheard of six months ago. They are a fairly small unit, but very strong nonetheless.

Report from Dave Ring, business agent
As part of the ongoing effort to improve communications to UPS Teamsters, the Package Division has launched a Facebook page called UPS Rising.

Please visit the page at: https://www.facebook.com/TeamUPSrising/. Like and follow the new page for the most recent information related to the Division. You can also follow UPS Rising on Twitter at @UPSrising.

If you have any questions, please do not hesitate to contact the Package Division at (202) 624-8755.

April 2017

FMCSA texting, phone rules explained

Report from Robert (BJ) Jackson,
business agent

DENVER — For our members’ information, The following text was excerpted from the Federal Motor Carriers Association as a reminder to obey the mobile phone restrictions while driving commercial motor vehicles:

Texting and mobile phone restrictions for commercial motor vehicle (CMV) drivers

The FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have published rules specifically prohibiting interstate truck and bus drivers and drivers who transport placardable quantities of hazardous materials from texting or using hand-held mobile phones while operating their vehicles. The joint rules are the latest actions by the U.S. Department of Transportation to end distracted driving. Violations can result in fines and/or driver disqualifications and will impact a motor carrier’s and/or driver’s Safety Measurement System (SMS) results.

No texting while driving
CMV drivers are prohibited from texting while driving. So what qualifies as texting? Texting means manually entering alphanumeric text into, or reading text from, an electronic device. This includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a Web page, or pressing more than a single button to initiate or terminate a voice communication using a mobile phone or engaging in any other form of electronic text retrieval or entry, for present or future communication.

Do not type or read a text message while driving a CMV!

Use of mobile phones is restricted for CMV drivers
This rule restricts a CMV driver from reaching for or holding a mobile phone to conduct a voice communication, as well as dialing by pressing more than a single button. CMV drivers who use a mobile phone while driving can only operate a hands-free phone located in close proximity. In short, the rule prohibits unsafely reaching for a device, holding a mobile phone, or pressing multiple buttons.

How can drivers use a mobile phone and still obey the rules?
& #8226;Locate the mobile phone so it is operable by the driver while restrained by properly adjusted safety belts.
& #8226;Utilize an earpiece or the speaker phone function.
& #8226;Use voice-activated or one-button touch features to initiate, answer, or terminate a call.

What happens if a driver is caught using a hand-held phone or texting while driving?
The rule imposes sanctions for driver offenses, including civil penalties up to $2,750 and driver disqualification for multiple offenses. Motor carriers are also prohibited from requiring or allowing their drivers to text or use a hand-held mobile phone while driving and may be subject to civil penalties up to $11,000. Violations will impact SMS results. Texting and calling on a hand-held phone carry the maximum violation severity weighting in SMS!

What are the risks?
Besides penalties and possible driver disqualification, recent research shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) are 23.2 times greater for CMV drivers who text while driving than for those who do not. Texting drivers took their eyes off the road for an average of 4.6 seconds. At 55 mph, this equates to a driver traveling the approximate length of a football field — without looking at the roadway! For CMV drivers who dial a mobile phone while driving, the odds of being involved in a safety-critical event are six times greater than for those who do not. Why take chances?

Bottom Line: Using a hand held device while driving is a serious traffic violation that could result in a driver disqualification.

No call, no text, no ticket!

Report from Mark Madsen,
business agent

It’s been quite a start to the New Year with several companies trying to make changes to discipline policies, as well as, getting a long-awaited arbitration ruling for a member at USFoods on an unjust termination.

USFoods — We have been waiting for a ruling on an unjust termination case for a member that has been extended by the company for months. We hope to have a positive ruling within the next few weeks, which will reinstate the member with full backpay and benefits. We will let you know the outcome.

As well, at USFoods we have been negotiating, as we are with other companies, a new Driver Safety Policy. The policy that is being negotiated now will remove outdated language, adjust accident dollar amounts (a key element), and protect drivers from receiving unjust disciplines for Drive-Cam incidents out of the drivers control, and finally increase the number of steps before a termination could occur.
Seattle Fish — The company has tried to implement new attendance and drug policies without negotiating, or even, discussing the changes with Local 455. We have made it clear that the attendance language in the current contract must be adhered to until its expiration. The proposed new drug policy has a few issues included in the contract that we can negotiate with the company to protect our member’s rights and keep a safe work environment for everyone.

Aramark — The contract expires at the end of June and will be another tough fight over the usual Big Three Issues; healthcare, pension, and wages. We had our first contract proposal meeting on March 18 that was well attended, and we received a lot of useful information from the members. The guys realize they must stand together to not go backwards on these issues to protect their benefits and their families. We will have final proposal meetings with the committee and members in April before negotiations begin in May.

Canteen Vending — We had a breakfast meeting in Colorado Springs at the beginning of the month with a good turnout of the members. We discussed a wide range of issues concerning disciplines, policies, work conditions, and vehicle maintenance. It is a location that has a strong group that will clearly support each other if any dispute should come up. Thanks for the time guys.

Report from Don Ramsey,
business agent

United Airlines – MX and related — With the new contract recently ratified, we are working through transitional issues and have a Business Agent meeting April 26 with the Company. Denver is also losing many great members to the early buyout retirement provision.

Frontier — MX – The mechanics ratified their tentative agreement. After a successful vote on the new contract, this group, too, is having several retirees due to the early out provided during negotiations.

Material Specialists — Congratulations to the MS group. We obtained a tentative agreement and voted in this groups new contract March 17, 2017. We had a 100% participation with a 71% yes vote.

Controllers — We met with the company for the week of March 20 for negotiations for a brand-new contract. This group was accreted into the mechanics’ classification and are currently working on their CBA. This week was very productive leaving only six articles out of 29 to negotiate. Of course, these are the toughest economic issues but we remain optimistic to continue being productive.

Appearance Agents — The company is implementing a drastic move involving some of our most senior agents being forced to night shift. We are trying to reduce the impact of this heartless maneuver by Frontier. This group is next for negotiations and we look forward to improving CBA.
Congratulations to all the recent retirees and good luck for the start of a new chapter in your lives!

Report from Kathy Tihonnen,
organizer

Our Local 455 Volunteer Organizing Committee is well on its way!

Members interested in becoming involved in organizing nonunion companies attended a training session in February to strengthen the union’s capacity to grow our membership.

Volunteers spent a day learning about the organizing process, labor law and workers’ rights during a campaign. We have several campaigns working to get off the ground and are not public at this time.
If you are interested in becoming involved in organizing contact me at (330) 951-1363 or ktiihonen@teamsterslocal455.org.

Attention – Local 455 Members
There will be a vote at the May 2017 membership meeting to suspend the membership meetings for the months of June, July and August.

February 2017

Decision made on UPS arbitration

Report from Dave Ring, business agent
UPS – Based on consumer’s buying habits UPS has elected to work the day after Thanksgiving and operate as a normal work day. The day after Thanksgiving is a negotiated holiday the company has to pay double time plus holiday pay for hours worked, except for the employees who are covered under Article 40, a.m. operations. The contract specifically states that Article 40, employees and those support employees are paid straight time.

Because the company took the position that the day after Thanksgiving was going to operate as a normal work day, the union took the position that the air employees covered under Article 40, should also receive the double time and holiday pay.

Grievances were filed and this issue went to arbitration, and, a decision on this case was rendered on December 22, 2016.

I regret to inform you that the arbitrator denied the union’s claim and dismissed the grievance. Based on consumers online buying habits it looks like the company will continue to operate the day after Thanksgiving as a normal work day.

The local fields a lot of questions every year on this issue. Some members like the overtime money. However, many members would rather have the time off. Those that would rather have time off sometimes believe the union gave the company a concession on this issue. Nothing could be farther from the truth. The company can make any employee work any negotiated holiday except Labor Day.

The penalty to the company is that it must pay double time plus holiday pay for working the holiday.

An issue has been arising regarding DOT medical certification and expired driver’s licenses. While the company keeps a record of when your DOT card or driver’s license is ready to expire, ultimately it is the member’s responsibility to make sure your license and DOT card are current. If your DOT card is getting ready to expire make sure you let management know, so they can schedule a DOT physical for you.
The UPS contract expires in August, 2018.

UNIVAR – Your contract will expire June 7, 2017. I will be sending out bargaining surveys in the next month please watch your mail and get them returned to me.

HERTZ – There have been two VSAs terminated for handling guns that were left in rental cars. If you find a gun left in a returned car, do not touch it. Secure the car and get a member of management. You will be terminated if you do not follow the company policy. Additionally, you never know if the gun was involved in a crime. You don’t need your fingerprints all over a gun that could have been used in a crime.

Report by Don Ramsey, business agent
United Airlines MX – The United Airlines mechanics’ contract passed by 51.38 percent. There are many issues to be worked through in this transition from three separate groups into one. The seniority issue of two lists not in agreement has been clarified to use the IBT list as we are the “owners” of the seniority list and it is to be considered the correct one. Also, please make sure your BAQ qualifications are up to date.

Frontier Airlines – The IBT is set to re-engage with the company for negotiating with the oversight of the National Mediation Board. As this column was written, the three groups currently in mediation– the mechanic/technicians, material specialists and controllers–were scheduled to meet the week of January23. Although no date is set for the ACA group (as they are in normal section 6 negotiations) this brings that group closer to resuming talks with Frontier.

American Airlines customer service – The company is still trying to flex its interpretations of the new contract. We are working through these and have been successful in many of these exercises. Thanks to the newly elected shop stewards who are enthusiastic and engaged.

Report from John Hennelly,
business agent

Instead of the usual report of activity, I would like to tell you about the Teamster Military Assistance Program (TMAP). This is a joint program between the IBT and ABF Trucking that provides training to active military members to aid them in their transition to civilian life.

Qualified Teamster instructor drivers from ABF conduct a course teaching participants the CDL rules of the road, enabling them to obtain a CDL license upon their discharge from active duty. ABF provides job placement to qualified employees who possess the knowledge and work ethic of a fully trained Teamsters driver.

These programs are conducted on military bases as part of the Helmets to Hard Hats initiative of the IBT. It was my honor and privilege to participate in the most recent graduation of this program at Fort Carson, along with Tim Thorne, president of ABF. The dedication these graduates showed during their service to our country will carry over to their employment with ABF and they will be a welcome addition to both the company and the IBT.

I look forward to participating in this program in any way I can, including trying to get more civilian companies to join this unique and valuable program. Our military personnel have given so much to safeguard the freedoms and liberties we all enjoy and it is an honor to try and pay them back in any way I can and I encourage all Teamsters to get behind this program.

Special thanks to IBT Brothers Mark Moffit, Usevio Martinez, Tom Martin, Loren “Tony” Wood, Jeff March, and Michael Leverton, the Teamster drivers from ABF who make this program run here in Colorado.

December 2016

Safeway members okay new contract

Report from Bob Adams,
business agent

DENVER — Members working at the Safeway beverage plant have ratified a new 5-year agreement with substantial wage increases each year of the agreement, protections on future increases in health care costs, and added seniority protections in case of layoff. Our local would like to thank Shop Stewards Jason Munoz, Hector Luevanos and committee member Joann Renteria for all the hard work they did during these negotiations.

Safeway Distribution Center – As our members working at the distribution center know, the company has been working shorthanded in many departments and is trying to hire and retain additional people. If anyone knows any good prospects who would like a job with good pay and benefits, have them go to the Safeway web site to fill out an application. (safeway.com) follow the employment prompts. The company needs inside workers and drivers!

Western Sugar – After five months of negotiations a new three-year agreement was reached with this company, through these very difficult negotiations our shop stewards did an amazing job representing our members and making sure their voices were heard at the bargaining table. Our local would like to thank Shop Stewards Dave Radomski, Jim Huper, Alan Becker, Andy Ely, Greg Mares and Mike Holmberg for all the hard work they put into negotiations.

Report from Kathy Tiihonen,
organizer

Many would think that leaving Arizona where the sun shines 90% of the time, to move to Colorado where the precipitation can change on a dime and at times have all four seasons in a single day was crazy, but I love it here!

The hues of orange and red leaves that ushered in the fall season with the beauty of the majestic mountains is breathtaking especially when they are blanketed in snow. Welcomed warmly by the members and staff of Local 455, I have found my new organizing home.

There is an abundance of work to be done in Colorado and I am excited to be a part of it. One of my first goals is to create a member-based Volunteer Organizing Committee (VOC) to grow our union. Our best line of defense against the high dollar, union busting corporate campaign is always our members, Teamster men and women who live and work under a strong Teamster contract.

The local hosted its first in a series of Volunteer Organizing Trainings this past September. Teamster members learned about the organizing process, building our union, union busting and labor law. There will be more trainings scheduled in the future which will dive deeper into the process with members working with future Teamsters.

In the meantime, we need to strengthen our VOC. In order to do that we need YOU! The local will be hosting an additional training session on January 21, 2017, from 10 a.m. to 3 p.m. If you are interested in becoming involved in organizing or just curious about it, please come to our next training. You can contact your business agent or me directly at ktiihonen@teamsterslocal455.org.
Please let us know early to ensure we have your materials ready.

May the Magic and Wonder of Christmas fill your heart with love, your home with joy and your life with happiness.

Report from John Hennelly,
business agent

Bags Inc. – The company has been advised by the union that the lack of bag runners on the curb puts our Skycaps in a bad situation. With ski season now in full swing, the Skycaps are having to leave their assigned positions for checking in passengers to input the oversize ski equipment of their passengers into the bag check system. This has led to customer complaints of slow service.

The union served notice that it will not take our Skycaps being disciplined for these types of customer complaints. We are continuing to try and get the company to get some baggage handling help back out on the curb. Also, anyone who has been charged for a required piece of uniform wear should immediately bring it to the attention of management as all uniform parts are to be provided free of charge per the CBA.

Hertz –
A reminder on the company policy involving weapons or other illegal things found in returned vehicles. Immediately lock the vehicle and get management the keys. Do not remove the item or items from the vehicle yourself. There have been two guns found in vehicles in the past few months and this may become a more common occurrence as we go forward.

ABF – A posting regarding the electronic log will be going up soon. Please check it out and if you have any questions contact your steward or me.

Standard Parking – Contracts for both groups have been distributed. Please take time out to read your contract and ask questions if you need further explanation. We all need to know the contract and what is expected of both the union and the company.

DHL – Contract talks for both the master agreement and local addendum are being scheduled for early next year. Suggestion forms have been received and collated and passed on to the International.

Denver Newspaper Agency – The pressmen have ratified a three-year agreement that gains them an increase in base pay as well as premium pay. Several work rule changes that the company had wanted changed were retained. A discussion was held between the company and the union, including Transportation Steward Daryl Oliver, regarding handicap access as well as some other safety concerns. Some date is being reviewed and further discussions will take place.

Report from Don Ramsey,
business agent

United/Continental Airlines MX — At Rocky Mountain Teamster press time, the vote for the mechanics’ tentative agreement was only a few days away on December 5. In preparation for an acceptance of this contract Local 455 held a shop steward contract informational meeting for more than nine hours. With so many changes it is important for our “contract police” to hit the ground running.

Frontier Airlines all groups — The National Mediation Board (NMB) has responded to our initial request to re-engage negotiation talks with the company. Mediator Tosi expressed the lack of progress on all groups as a reason to hold off any return to the table in the near future. Local 455 made another appeal to the NMB and Division Director Bourne. Mr. Bourne has made direct contact with the NMB board was scheduled to meet with them December 2 to further discuss.

American Airlines Customer Service —
Local 455 hosted a shop steward informational meeting for their new contract. Business Agent Kimberly Barboro from Phoenix gave an excellent and informative presentation. As a primary architect of this new contract we could not have asked for a better representative.

August 2016

Mileage vs. hourly, an issue at UPS Feeder

Report by Dave Ring
business agent

DENVER — Feeder mileage issue – As you are aware, the previous Feeder Division manager made the decision to convert all of our mileage runs to hourly runs. His basis for doing this was that it was going to save the company $1.5 million a year.

This decision was based on his understanding of the contract, which was that if you can run these runs hourly that’s how they should be paid—hourly opposed to mileage.

Article 43 was written in 1997 when there was a great deal of fear from the locals as well as the members about creating mileage jobs. That mileage jobs would extend the runs and meet points, thus eliminating hourly feeder jobs. So Article 43, Section 1, is written to protect the normal feeder hourly network. In fact it says if the employer’s existing feeder network (hourly jobs) can meet the time and service needs, that network shall be used first. Because we had mileage runs alongside hourly runs this manager looked at the numbers and made the decision he could save $1.5 million a year by converting everything to hourly runs, and he sold his boss on this idea and the change was approved by the district manager.

I filed three grievances over this change. One was filed under Article 5, Maintenance of Standards. That argues these runs were established at a rate of pay and now that rate of pay for these runs has been reduced.

Two others were filed claiming violation of Article 43.

That these runs were established as a mileage corridor therefore all the runs in these corridors should be mileage as they were an enhancement of service and that the drivers we meet are still being paid mileage.

These grievances were heard at the state panel in June and were deadlocked to the JAC.

I will keep you informed of any decisions by the panel.



Report by Don Ramsey
business agent

United/Continental Airlines MX — The union negotiating team and United management met face to face for the first time since the failed company close out proposal. The meetings were held the week of June 27 and netted the tentative agreement to seven articles. As this issue of the Rocky Mountain Teamster went to press, negotiations were scheduled to resume in Chicago the week of July 25.

Frontier Airlines MX and material specialists — The union and company are set to meet with National Mediator Mike Tosi on July 15 in Denver. We look forward to re-engaging with Frontier since the contract proposal was turned down. We also welcome two new members of the negotiating team from the mechanic group, Dave Hoag and Dan Rollman. The Appearance and Controller groups are basically on hold for negotiations until Frontier gets serious with the mechanic group. The NMB recognizes this and has no meetings scheduled at this time.

American Airlines customer service group – Growing pains of the merger are being worked out. Many thanks to the wonderful experienced shop stewards from the US Air side we have on the property and the former nonunion members of American that took on shop steward positions. They are really stepping up to this new culture. They are learning quick and getting stronger every day.

Southwest Airlines material specialist – Two new leads are being background checked for badging and I look forward to meeting them this month.


Report by Mark Madsen
business agent

I am starting my career as a business agent at Teamsters Local 455 after 32 1/2 years at the US Foods facility in Centennial. I served as a steward at US Foods for more than 18 years, representing the members on multiple contract committees. I have been a political field coordinator, involved in the DRIVE campaigns, and voter registration committees.

I also have represented Local 455 at the Colorado Statehouse to help fight the right-to-work legislation that has been introduced at the Capitol for many years.

I am excited to start this new position and look forward to meeting the new members I will represent as soon as possible. Thank you.


Report by Chuck Haliburton
president

Meadow Gold members: As this column is written, your new contract is being proof read. As soon as all signatures have been completed, it will be printed in booklets for distribution. Hopefully, you will have a copy by early August.

All Safeway Distribution members: As soon as the local receives notification from the WTWT, of the amount of increase to your health and welfare, you will receive a notice of the break down to health and welfare, pension and wages.

Local 455 wishes a long and healthy retirement to Brother Larry Lawhead of Meadow Gold Greeley.


Report by John Hennelly
business agent

Ampco-Nationwide – Staffing issues have created shortages in manpower across the board. The company has been utilizing lot supervisors to run a bus route during the midnight shift. While this is a legal job assignment, the bus drivers’ union should be notified whenever this situation occurs to make sure it is not a violation of their contract. Also, if you are given a job assignment or work order that you may not be sure of, unless it is against the law, perform the task and fill out a grievance form to avoid being insubordinate.

ABF – It has been brought to my attention that some of our Salt Lake City turns have been delayed for 20 hours or more. Please contact me if this happens to you so we can make sure that nobody is running over the top of our bid lines.

Denver Newspaper Agency – Pressman proposed contract has been rejected twice by members. The union and company will re-engage in an attempt to reach an acceptable agreement. Many thanks to David Longcrier for his service on the negotiation committee. David stepped down and George Shaffer, who was the first alternate, will take his place.

DHL – Issues involving vacation awards and holiday pay when a shift begins on a non-holiday and carries over into the holiday are being discussed with the company.

Hertz – Several discipline issues are in the grievance process. Please make sure you understand the attendance policy and where you may stand according to possible discipline under that policy.

Standard Parking – The company and union have signed an extension for the lead contract in hopes that we can continue negotiations after the members unanimously rejected the proposal. Discipline for both the valets and leads seems to not be correctly following the four-step process with most write ups skipping the verbal step. I will be sitting down with the company to discuss this as well as outstanding grievances.

YRC – June multi-states hearings were cancelled so our outstanding grievances will be heard at the July hearings.

Hamilton Linen – Members and the Union met this past month to discuss and prepare our proposals for upcoming negotiations.


June 2016

Six top students win $2,000 Local 455 Scholarships

Brendan Lynch, son of Dennis and Marilyn Lynch of Northglenn, was graduated from Northglenn High School and will attend the University of Colorado at Boulder where he will major in electrical engineering and musical theatre. As a high school student, Brendan won the Front Range Ma Contest and was a Boettcher semifinalist. He was a Colorado State Thespian officer and participated in American Legion’s Boys’ State, the Colorado All State Choir and was a two-time state cross country qualifier. His father is employed at United Airlines.

Taylor Marie Myharer, daughter of Patrick and Krista Myharer of Northlglenn, was graduated from Prairie View High School. This fall she will attend the University of Colorado at Colorado Springs where she will study nursing. In high school, she was on the Principal’s Honor Roll for three years, lettered in academics, participated in dance and was a part of DECA. Her grandfather, Dave Ring, is employed by Local 455.

Pajtera Lee, daughter of Pheng and Bee Lee of Federal Heights, was graduated from Northglenn High School and will attend the University of Colorado at Denver where she will major in biology/chemistry. In high school she won letters in academics, band and was on honor rolls. She participated in community services, the Inspiration Award and Hmong Culture Night. Her father is employed by Meadow Gold.

Portia Peter, daughter of Gerald J. Peter of Brighton, was graduated from Horizon High School, and will attend Colorado State University this fall. She is so far undecided on what will be her field of study. At Horizon, Portia won NHS and FNHS letters, academic letters, and participated in band and tennis. Her father is employed by Safeway trucking.

Julia Oster, daughter of John Michael and Maria Oster of Longmont, was graduated from Mead High School. She will attend the University of Wyoming this fall and major in engineering. Julia received four academic letters at Mead, and participated in cheerleading, soccer and band. She was a captain of the varsity cheer leading team. Her father is employed by UPS.

Iva Griffiths, daughter of Even and Heather Griffiths of Aurora, was graduated from Gateway High School. She will attend Colorado Mesa University this fall and major in biology. Iva received an IB diploma and won seven academic letters at Gateway. She also played golf and softball, and was a member of the sign language club and the Rubiix Cube club. Her father is employed by UPS.

Membership survey evaluated

Report from Don Ramsey,
business agent

DENVER — United / Continental Airlines MX — As reported last month, the results for the, “Company Close Out Proposal” were a historic 93 percent NO vote from 87 percent of the membership. In response the negotiating team has had several meetings to evaluate the member’s survey and prepare a proposal to present to the company. The proposal met with approval from the principal officers and a final sign-off by the committee. The NMB has been informed and, as this column was written, the team was scheduled to meet in Washington, D.C., for a status meeting.

Frontier Airlines / MX and Related — The technicians turned down the company contract proposal. Two members of the negotiating team had to step down. Nominations to fill the open slots were made and the vote is in progress. Once the negotiating team is assembled notice to the NMB will occur and scheduling to continue talks will ensue.

American Airlines / Customer Service — The merger growing pains are increasing. The combining of two cultures into one is always a difficult process but are exponential when one of the companies has no union experience. The company is violating several components of the contract and seems to have difficulty in understanding how to interpret it.

Southwest Airlines — The company has increased its singular material specialist to three. We welcome Stan and Jeremy to DIA.

Report from Brian Heimerl,
business agent
Advantage Logistics-Colorado South

After a 10-day strike and battling snow, rain and high winds., the members here agreed last month to a new five-year contract, which included a greatly improved progression wage rate for new hires, an increase in their 401K employer match to seven percent and wage increases in each year of the contract for members at the top of the wage scale and hey also got a pathway for members to move from the 80/20 health and welfare plan, to move up to the 90/10 plan.

I would like to thank each and every member who spent time on that strike line, supporting one another during this strike.

Last but certainly not least, thanks to members of the negotiating committee: Lawrence Bolton, Lawrence Romero, Gabe Garcia, Miguel Perez, Jimmy Ewing, Tim Weber and Matthew Laws. Gentlemen, you did one hell of a job.

Breakthru Beverage — This company, formerly known as Beverage Distributors Company, has agreed to a new five-year contract. The contract includes language improvements in the Temporary and Casual Help Article, and in sick leave. The amount of mandatory overtime in the warehouse was reduced, as was the number of years it takes to get four years of vacation—from 20 years to 16 years. Members were also able to cap health and welfare in each year of the contract and will receive wage increases in each year of the contract. I would like to thank the negotiating committee—Victor Perez, Tom Brown, Jeff Grose, Albert Garcia and Leeshawn Robinson.

These gentlemen did a great job.

Report from Chuck Haliburton,
president

Meadow Gold Dairies members: By the time you receive this edition of the Rocky Mountain Teamster, you should have received your retro pay and uniform reimbursement. If you haven’t, please see your human resources manager at your location, or give me a call.

Local 455 wishes long and healthy retirements to Brother Bobby Post of Meadow Gold Denver, Brother Terry Paterson of Meadow Gold Englewood and Brother Noah Trujillo of Meadow Gold Grand Junction.


April 2016


Huge rejection on ‘close out’ proposal

Report from Don Ramsey
Business agent

DENVER — United/Continental Airlines, MX — Results are in from the “company close out proposal.” On February 16, a historic 93 percent NO vote from 87 percent of the membership was counted and the members’ voices were heard loud and clear.

To further punctuate this message to United Airlines, the Teamsters demonstrated at the San Francisco maintenance base where more than 400 people closed down four lanes of highway on Airport Blvd. The SFO police department was dispatched to “contain” us, but ended up holding traffic at bay to protect us as they are union members and were sympathetic to our cause. Protests were also held around the country that week.

The protesting continued on March 8 in New York at the J.P. Morgan Airline investment meetings. Teamsters from around the country flew in and were bussed in to let investors know that during the summer of 2016 flying may be in jeopardy. Pictures and video are on Local 455’s Facebook page. The NMB will provide future dates of negotiation in May.

Frontier Airlines, MX and related — The mechanics and material specialists negotiating team met with the company in Washington D.C, the week of March 15 with minimal progress. The company moved enough to temporarily postpone our petition to seek release from mediation, and has requested we be on hand to continue talks locally. No official dates are set at this time.

No meetings for appearance or controllers have occurred this month.

American Airlines, customer service — Although there are some growing pains with the merger between US Air and American the transition is occurring. Nominations and elections of shop steward were conducted recently. New stewards are Karen Quarles, Stacey Bennet, Billy Brenkley, Tiffany Ward, Mellisa McSherry and Fran Leston, new stewards. Anna Maria DiMascio and Julie Barr, are alternates. Congratulations and thank you for taking on this responsibility.

Report from Bob Adams,
Business agent

Safeway Distribution Center — The company is in the final stages of preparation for the increase in volume of product that will be coming through the distribution center to supply the Albertsons stores. Due to staffing cutbacks in recent years, the company has found itself short of help to handle this increase and has resorted to using a temporary hiring agency to bring people into the center. Our local has put the company on notice that these employees must become Teamster members per the labor agreement. We cannot allow non-union workers to do our work.

The annual job bid for our member drivers has been posted by the company and all country and combination bid runs have been eliminated. Our drivers’ work has been given to outside third party carriers in violation of the labor agreement. A grievance regarding this blatant violation has been filed and our local will pursue all necessary steps to protect our members’ work.

Western Sugar, Fort Morgan — After a third incident resulting in an injury due to defective equipment, the equipment (in this case a rail car) has been red tagged and taken out of service. Please let this be a reminder to our members to always be alert to your surroundings and to work safe. If you have a legitimate safety issue or concern, notify management at once and do not use equipment or work in an area that is not safe until the issue has been resolved.

Western Sugar Scottsbluff — After the company put up a posting restricting our members’ right to take vacation time, our shop stewards addressed the issue with local management. They advised management that barring an emergency situation, there can be no restriction on when our members can take their earned vacation. The posting has been taken down.

Report from Chuck Haliburton
President

To all Meadow Gold members: We will be back in negotiations with the company on April 12. Your labor agreement has been extended through that period. Watch your bulletin board for dates and times of ratification meetings shortly thereafter.

Local 455 wishes long, happy and healthy retirements to Dave Garrett, Meadow Gold Grand Junction; Kenny Quintana, Meadow Gold Greeley; Greg Clifton and Cecil Nagel, Meadow Gold Englewood, and Dominic Sochia of Sinton Dairy.

Report from Matthew Fazakas,
961 contract director, business agent

I will miss working with and for you all. It is with great trepidation and some sorrow that I retired from Teamsters Local 455 as of March 18, 2016. It has been a long, entertaining run as a union official since January, 1997. I want to personally thank Principal Officer Steve Vairma, President Chuck Haliburton and all of the E-board and staff of the local, as well as the members and friends I have been associated with over these years. I will continue working for the IBT Airline and Carhaul Divisions for the immediate future to assist in closing out some contracts.
As previously reported the Teamsters Airline Division filed with the National Mediation Board (NMB) for a ‘Proffer” to seek a release and seek self-determination (right to strike) for the Frontier Airlines maintenance and related and the material specialist’s classifications. The parties met at the NMB offices in Washington, DC, on March 15-17.

The company finally made a compressive proposal, which is being reviewed at the time this article was written. The Frontier Airlines maintenance control contract negotiations are being conducted with the assistance of the NMB with meetings held March 15, and additional sessions scheduled in April. The Frontier Aircraft appearance agent Section 6 negotiations have commenced with meetings and proposals exchanged.

AIRSERV has announced that they have lost the contract with United Airlines for the Skycaps at DIA that ends on March 31. The Skycaps have been long term supportive Teamster members of our local.and we are working on getting them work with the new contractor. It is a sad loss of work, as this was the first group that I organized in 1997-1998. I want to personally remember a few of our members and personal friends that have passed: Donnell Kennison, Chuck Davis, Larry Hurst, and Jerry Boyer.

The Lanier Brugh work in Denver is up for bid with notices sent to our drivers regarding the cessation of work on March 31. Discussions and work bumping rights are being held with the company.

We reached a TA agreement for the Denver Post Transportation contract. The pressman contract has been extended with negotiations scheduled for the week of April 11. The owners of the Denver Post (DFM) were just awarded the bid and purchased newspapers in the Los Angeles area in bankruptcy court.

The Hertz Car-Rental western area master and local addendum were overwhelmingly ratified with the agreement being reviewed for signing and printing. The Standard Parking valet and lead contracts are out for ratification the week of March 28. Joint Council 3 has been directly involved in the organizing of Selland Auto Transport, a 250- member group of drivers and mechanics. Negotiations are being held in Seattle on a regular basis in March and April.

Report from John Hennelly

YRC — Numerous cases were heard at the March multi-states hearings. I am in the process of setting up regular visiting schedules. We have no cases docketed for the May joint area hearings.

ABF — There is a change-of-operations scheduled to be heard in Kansas City on March 30, which, if approved, will add an additional 605- mile turn bid to WaKeeney, Kansas. There is one case docketed for the May joint area hearings regarding the proper payment while on W/C and other related issues.

Denver Post transportation — Contract TA was reached March 25 and will be scheduled for ratification.

Denver Post pressman — Negotiations are scheduled for April 11.

Nationwide Parking — Contract was ratified and will be out for distribution.

AMB AMODs — We have re-obtained access to warming houses and you need to let me know if you are having access problems.

G & K — The union conducted a safety inspection and will be meeting with the stewards and company to review.

Hamilton Towel — I want to remind you about winter weather conditions and to work in a safe manner.

Gate Safe — Remember to try and attend a membership meeting the first Tuesday of the month at 6 p.m.

Hertz Car Rental — Contract was ratified and is being reviewed for printing. Anyone needing cold weather gear needs to request from their manager.

Hertz Local Edition — The new contract rates and retro pay have been paid.

Denver Waste Materials/Star Industrial Supplies — Regular meetings will be scheduled to review contract.

Standard Parking Valets — Contract is out for ratification.

Standard Parking/PPM Leads — Contract is out for ratification.

Notice
Teamsters Local 455 members

There will be a vote to suspend the membership meetings for the summer, which includes June, July and August.

The meeting will be held May 3, 2016, membership meeting at the Teamsters Hall, located 10 Lakeside Lane in Denver.

February 2016


Excessive overtime continues at UPS

Report from Scott Ford, business agent

DENVER — Excessive overtime continues to be an issue with our package car drivers, and I want to outline the procedure that must be followed in order to have 9.5 protection. The 9.5 language can be found under Article 37 Section C of the current National Master United Parcel Service Agreement.

If you have four years or more seniority as a package car driver, you have protection regardless if you have a bid route, are a bid coverage driver or a swing driver. Package car drivers with less than four years seniority have protection if they have a bid route, bid coverage position, or are assigned a route that is in existence for one week or more.

Once you have three violations in a work week, Monday- Friday, you must notify your steward and you and your steward notify management prior to your start time on Monday that you want to be added to the 9.5 list. Once added you have protection for five months that can only be interrupted by peak season, November and December. The five months starts the Monday following you and your steward’s notification to management. UPS may only work you in excess of 9.5 hours two days per week and must adjust your dispatch the other three days in order to keep you under 9.5 hours.

If UPS violates you after you have had your name added to the list, you must file a grievance in order to document the violation and be paid. The penalty to UPS is triple time for all hours worked in excess of 9.5. Since you are already on overtime the penalty is an additional 1.5 times your hourly rate for the time in excess of 9.5 hours. You must file a grievance in order to get paid. UPS will try and talk you out of going on the 9.5 list, promising days off and all kinds of other things in violation of our labor agreement. Remember this is business and the UPS management team should not be upset about you being on the 9.5 list. It’s your right and we negotiated this language in good faith to make it more convenient for you to use this language.

Due to the increase of e-commerce and UPS’s slow response to change, its business model from one that relied heavily on business to business shipments to one that is rapidly changing to more of a business to consumer model, UPS wants to make the drivers responsible for the company’s inability to staff properly. Remember article 3 section 7 of the National Master compels UPS to maintain an adequate work force. It’s your contract, use it and Teamsters Local Union 455 will back you 100 percent. If every driver that is eligible to use this language and where to use it, UPS would have no choice but to add more full time jobs. More full time jobs increases job security, increases the overall health of our pension and health and welfare plans and provides you more opportunity to bid, which is good for all of us.

Eight-hour requests
Every seniority package car driver is entitled to three (3) eight-hour requests per month and the language can be found in Article 19 section 3 of the Central Region Supplement. You must request an eight-hour request a minimum of 24 four hours in advance. It is up to UPS to adjust your dispatch so you can be in and off the clock within eight hours or less. Use this language to your advantage so you can manage your hours. Using your eight-hour request language and the excessive overtime language gives you the contractual right to manage your hours and work life balance.

Congratulations to recent retirees Roger Bowers, Tom Burnett, Colleen Collyer, Dale Doy, Jeff Elzea, Sammmy Fortajada, Sam Houston, Bill Johnson, Kathy Kohler, Richard Kremer, Gary Seefeldt, Stan Tweeten

Report from Robert (BJ) Jackson, business agent
Since Sysco lost the fight in the attempt to merge with US Foods, the negotiations around the country have been contentious, to say the least. Their contract expires on August 27 of this year here in Denver and we are expecting a tough go of it. My stewards at Sysco have been filing grievances left and right, especially in the transportation department and they seem to be over the same four or five articles. The company is leaving us no choice, so I put them on notice that we would file board charges if they violated any of these articles again.
Harborlite/Imerys — Business has been slow for this company here in Colorado, and our members are struggling to work a full work week. There are a few irons in the fire for some new business, so we are keeping our fingers crossed. Last year we extended the contract and kept everything as is, and the expiration of that extension is coming around very quickly, June 30, as a matter of fact.

US Foods — This company is revamping its management structure and now has regional presidents handling the business for three or four OPCO’s at a time. The person in charge here in Denver also runs the Albuquerque and the Lubbock branches and his title is the Rocky Mountain Area President. This contract is also expiring this year on October 1. We have been having a hard time making this company toe the line also, and we usually have weekly grievance meetings to address all of the issues.

Aramark — Aramark recently moved their facility to the new area over by Northfield and the warehouse has much more room than their last facility. They are in the middle of restructuring vending routes as we speak but I believe most of the guys will remain in their same area.

Canteen Vending — Canteen has been growing its business also and is looking to expanding and adding another facility. I believe the company is in the final stages prepping for the move, and when they are done they will have two warehouses to deliver from in Denver, one in Greeley and one in Colorado Springs. The main issue that we have at Canteen right now is the implementation of a “tobacco surcharge.” We believe this violates the contract and have filed a grievance on the matter. I have been in touch with the labor elations director of the Rocky Mountain Region, and hope to resolve the issue without proceeding to arbitration.

Americold — In my last report I reported that Americold had lost some business, I am happy to report that they have replaced that business and the guys are getting all the hours that they need. They also tried to implement a “tobacco surcharge” at this company, but after talking to the manager they rescinded this action. I believe the only ones currently paying the surcharge are the nonunion associates.

Whitewater — I have talked to my steward at this company which is located in Grand Junction, and I believe that they are a little bit busier than normal for this time of year. These members drive cement trucks, so they are of course in the construction industry. I will be paying them a visit again in the early spring to see how they fared through the winter.

Seattle Fish — I am happy to report that this company is also picking up new business and while they are not moving to a new facility the membership has increased there from 50 members when I first started representing them to approximately 95 members now.

Darling — Things have been quiet with my members at Darling and I don’t believe they have picked up a lot of business but they are steadily growing.

In closing my report for this month I would like to remind everyone to pay attention to your paychecks. I know it can be a pain with the automatic deposit and having to go on line to view your pay stubs. But that was how I got alerted to the fact that they were charging the tobacco surcharge at Americold. Mistakes are easy to make also and it’s up to you to check your pay to make sure the company covers everything from shift differential to overtime and Holiday pay.

I hope everyone had an enjoyable holiday season and that you are all ready to get back to the grind and make this a great new year.

I would like to send my personal condolences to the family of Jeff Koontz. He was a proud Teamster member and was a close personal friend of mine. We played a lot of golf together and were in the same men’s (golf) club and he will be sorely missed. My thoughts and prayers are with his family.

Report from Dave Ring, business agent
UPS news — As most of you are aware, in order to meet the changing needs of customers’ buying habits and to keep ahead of the volume generated by online sales, UPS elected for the last two years to work/operate the day after Thanksgiving as a normal work day, including delivery of ground packages. Thanksgiving is a negotiated holiday and therefore the ground operations would require under the central contract that all employees be paid the double time rate for hours in addition to holiday pay.

In prior years, the company only delivered air packages. Under Article 40 of the contract air drivers and support employees who were scheduled to work were paid straight time.

Even though the company elected to operate as a normal day on the negotiated holiday, they are hiding behind the language in Article 40 to avoid paying the double time rate for all of the air drivers and Gateway employees required to work the day after Thanksgiving.

The International Union small package division heard a grievance on this issue and it is scheduled to be arbitrated.
The union’s position is if UPS wants to force their employees to work a negotiated holiday and run a full operation, then the air drivers and Gateway employees should be paid the double time rate and Article 40 would not apply.
Teamsters Local Union 455 has filed a grievance on this issue to protect the rights of the air operation employees in the event the arbitrator rules in the union’s favor.

I will keep you informed of any decisions on this issue.

For those members covered under Team Care, UPS and Transervice Platte River Group, formerly Air Liquide members, CVS has acquired Target Pharmacies. You will now have the option of using the Target stores or continue using the mail in order.

There is no cost for either mail in or Target stores for maintenance drugs. 90-day scripts, three-month refill is $0.00 cost.

Non-maintenance drugs through Target are $5 co-pay.

Transervice members can do the same with a 20 percent co-pay off a discounted three-month supply.
The UPS retiree party is scheduled for Saturday, March 26, 2016, 11a.m. to 2:p.m. at Tedz Place (formally Charlotte’s Web), hope to see everyone there.

Report from Don Ramsey, business agent
United Airlines — MX and Related. United’s offer of a “Close Out Proposal” is currently being voted on. As this edition of the Rocky Mountain Teamster went to press, the vote was scheduled to end on February 1, and we were awaiting results. The question of whether the 2200 furloughed will be voting was posed by Local 455 to the legal department and has been answered and the majority of them will NOT be eligible as they have never been a Teamster or paid dues. Although there are many gains in the company offer they do not outweigh the negatives and the executive committee and Local 455 are recommending a NO VOTE on the proposal.

Frontier Airlines — MX and Related, Material Specialists, and MX Controller Group-Contract negotiations are continuing under the direction of the NMB and Mediator Mike Tosi.

American Airlines — The American Airlines contract was ratified November 30. The vote was 6993 for, 2522 against. CWA and IBT have been meeting with the company to come to an agreement on the implementation. This will be done in phases, because the computer systems for American cannot be programmed to accommodate all the changes immediately.

The increase in base wages went into effect for all employees on December 7. The negotiated wage increase will be in your paycheck the week of December 24.

The increase in premiums was effective on December 1, but the antiquated systems could not accommodate the change. The system does recognize the change effective December 7. Time-and-a-half overtime wages will be paid to you as they should be. Overtime worked in excess of four hours on a scheduled work day will be paid at double-time.Weekly double time is paid after eight hours of time-and-one-half has been paid for overtime worked on scheduled days off.

The newly negotiated daily and weekly double time payments are effective on December 7 for LUS employees, December 7 for daily overtime qualifiers and December 12 for weekly overtime qualifiers for LAA employees due to the different pay periods.

We agreed to a one-time lump sum settlement for the premiums and overtime from December 1 to December 6. The lump sum is $12.65 per person. This will be paid in your check sometime in late January or early February.

The Article 2 Change in Control grievance settlement provides payments of $1000 for each full-time employee and $500 for each part-time employee who was on the payroll as of December 9, 2013, and remains on the payroll today. You will receive your Change in Control Settlement of $500 or $1000 during the last pay period of January or the first pay period of February.