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August 16, 2017
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State Senate Employing Dirty Tricks To Attack Unions
Last night, for the second time this session, the State Senate suspended the rules of their chamber to engage in a late night debacle over amendments attacking union members. Going well past the 11pm deadline that was established in response to the infamous ‘midnight pay raise,’ the Senate continued debate until after 1:30am. All of this was part of an attempt by Senator Wagner and his Tea Party cronies to bully Senate leadership into considering union-busting “Paycheck Protection” legislation.
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Working America is the community affiliate of the AFL-CIO, and is the fastest growing organization for working people in the country. At 3 million strong and growing, Working America uses their strength in numbers to educate each other, mobilize, and win real victories to improve working people’s lives. Click here to visit the Working America web site, for more information or to join the organization!
Weingarten Rights

If you are a union member, you have a right to have union representation at any interview or meeting that could lead to disciplinary action against you. The Supreme Court case of National Labor Relations Board v. Weingarten, decided in 1975, established this basic entitlement and the procedures for when and how union reps may participate in interviews. Collectively, these rules are referred to as “Weingarten rights.”

The Weingarten case

The actual lawsuit that led to the establishment of Weingarten rights involved an employee at a lunch counter. Laura Collins was accused of stealing and interviewed by the store manager and a loss prevention specialist. The company believed Collins had taken a large box of chicken but paid only for a small box. Collins said she took only four pieces of chicken – the amount customers receive in a small box – but had to put it in a large box because the store was out of small boxes. Her story checked out, and Collins was cleared.

From these humble facts, Weingarten rights were born. During the interview, Collins asked several times for her union rep or shop steward, but the company wouldn’t grant her request. Although management asked Collins to keep the interview to herself, Collins told her shop steward about it and the union filed an unfair labor practice charge against the company. Ultimately, the Supreme Court decided that an employee is entitled to union representation for investigatory interviews.

When Weingarten Applies

An employee who reasonably believes that an investigatory interview could lead to discipline is entitled to ask for union representation.  An investigatory interview is a meeting with management at which the employee will be questioned or asked to explain his or her conduct, and which could lead to disciplinary action against the employee.

The employer is not obligated to inform employees of their Weingarten rights or to ask whether an employee would like a union rep at a meeting or interview. The employee must affirmatively request union representation.

The Employer’s Options

Once an employee requests representation, the employer may not proceed with the interview without the union representative. However, the employee need not conduct the interview at all: It may interview the employee with the union rep present, or refuse to allow the union rep and discontinue the interview, carrying on its investigation by other means.

The Role of the Union Representative

The employer is under no duty to bargain with the union representative at the investigatory interview. The rep is present only to assist the employee. For example, the rep can clarify the facts, provide additional information, or suggest possible witnesses. The employer is free to insist that the employee provide his or her own version of the events under investigation.

Although some employers believe they are required only to allow a union rep to observe the interview without participating,Weingarten clearly gives employees the right to assistance from the rep. At the same time, however, a rep who consistently interrupts the proceedings or instructs an employee not to answer questions has likely overstepped his or her authority.

Only Union Members Are Protected

Today, it’s clear that only employees who are in a union have Weingarten rights. For a few years, however, this right applied to everyone. In 2000, the National Labor Relations Board (NLRB) extended Weingarten rights to all employees, whether or not they were in a union. Non-union employees were entitled to ask that a coworker be present at investigatory interviews. However, the NLRB reversed itself in 2004, going back to its previous interpretation that only union members have Weingarten rights.





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  Current Campaigns  
  • The IBT and your Atlanta Committee members, Geoff Maloney and Chris Rogers have been negotiating with Company management since 2010; almost as long as the IBT have been negotiating for the Express Jet CRJ members. 

    The Company has now given us their final, closeout proposal on wages. Neither the International Brotherhood of Teamsters Airline Division, the Business Agents of Local 210 and Local 19, nor your rank-and-file committee members are recommending this be ratified. A detailed letter from your ExpressJet CRJ Negotiating Committee can be found here. A copy of the company’s last, best and final offer can be found here.

    Ballots were mailed on Tuesday, June 20, 2017.  Each member will receive voting instructions and credentials required for voting.  Voting will close on Monday, July 10, and will be counted the same day. 

  • The ‘Let’s Get America Working!’ campaign seeks to restore a dynamic and prosperous middle class to drive economic growth by helping to advance policy decisions that create and maintain good middle-income jobs, guarantee retirement security, expand access to the American Dream, and ensure that the benefits of the ongoing economic recovery are felt by the many, not just the few.

  • We Are eXPOsing XPO’s Global Greed

    XPO Logistics is a top ten global logistics and transportation company with annual revenue of $15 billion and 89,000 employees, another 10,000 workers classified as independent contractors, and thousands more working for firms that subcontract with XPO. We are the REAL workers at XPO Logistics worldwide exposing the truth about the company’s global greed, illegal wage theft, unsafe conditions, and abhorrent and vicious anti-worker, anti-union tactics. 

    This greed includes mistreating former Con-way Freight workers in the United States who are being kept in the dark about terminal closures and layoffs, and the company’s illegal refusal to bargain contracts and denying their workers’ federally protected right to organize. It also includes port, rail and last-mile drivers around the country and in Southern California fighting wage theft in excess of $200 million because they are misclassified as independent contractors and denied the right to form their union. This greed has caused numerous lawsuits and strikes.  Greed also means an unsafe workplace and mistreating its warehouse employees.

    XPO’s greed extends to Europe beginning with breaking its promise to not layoff any workers for at least 18 months. French workers and the unions have been fighting back against XPO’s disrespect, lies and attempts to slash jobs. Similar struggles are taking place in Great Britain, Spain, Belgium, the Netherlands, and across Europe.

    Join the worldwide struggle now! Get involved with this campaign by joining the Facebook group “XPO Exposed.”

    Together, we can eXPOse the company’s global greed and win fairness, respect and dignity for tens of thousands of XPO employees around the world!

  • This webpage provides information on the Teamsters Union’s legislative advocacy at both the federal and state level as well as our field activity to support those policy positions and to get strong labor candidates elected to office.  Among other resources, you will find our federal legislative scorecard, formal statements of policy position and communications to Capitol Hill,  a weekly update on federal legislative happenings, an overview of bills we are tracking at the state level, and quick links to take action on priority issues.

  • Negotiations for the National Master Automobile Transporters Agreement (NMATA) recently concluded and a tentative agreement has been reached. On Thursday, Feb. 16, 2017 representatives from carhaul local unions met in Detroit to endorse the National Agreement and the Central-Southern Supplement, paving the way for members to vote. The Eastern and Western Supplements were approved in 2016, and will not be re-voted. However, all carhaul members will get to exercise their right to vote on the National Agreement and General Monetary Changes.

    Ballots will be mailed out on or about March 10 and are tentatively scheduled to be counted on March 30.

    The tentative agreement is from September 1, 2015, until May 31, 2021.

  • Workers’ pensions are being endangered by both Congress and those charged with overseeing them. The Teamsters and our members are standing united to say “No!” to cuts and “Yes!” to greater retirement security!

  • On Wednesday, April 5, 2017, the International Brotherhood of Teamsters and Southwest Airlines reached an agreement covering more than 300 material specialists. Details of the agreement are available on this webpage, along with materials explaining the components of this contract.

    Ballots will be mailed on or about Wednesday, May 31, 2017. Each member will receive voting instructions and credentials required for voting via mail, along with paper copies of the tentative agreement’s highlights, the tentative agreement, and a copy of the seniority list. Voting will close on June 21, ballots will begin to be counted the same day.  Please continue to check this page for more information, it will be posted as soon as it becomes available.

  • The Teamsters Union represents more than 250,000 members at UPS and UPS Freight. UPS remains an active member of the American Legislative Exchange Council (ALEC) despite the organization’s anti-worker and anti-union agenda that seeks to undermine and weaken worker protections.

  • This web page provides information on our fight against fast-track legislation. The measure requires Congress to take only a quick up-or-down vote on secret trade deals like the Trans-Pacific Partnership and does not allow such agreements to be amended. It limits Congress’ constitutionally mandated oversight of such trade deals and lets others decide what’s best for America. The result is fewer good-paying U.S. jobs and unsafe food and products for Americans. Read more to find out why fast track is the wrong track for Teamsters and America.

  • Workers across the country at FedEx Freight and Con-way Freight are standing shoulder to shoulder to form their unions with the Teamsters to win a more secure future. Momentum is building with a first wave of victories with many more to come.

    There is growing worker resentment toward the companies after years of being treated unfairly. While the companies have suddenly made improvements since workers began to organize, workers know that without a legally binding contract the company can take these things away at any time.

    The unfulfilled promises that have been made to drivers and dockworkers over the past decade are coming back to haunt management.

    But now workers are taking action and standing up for themselves by forming their union. It's a different era now. It's Teamster Time! LIKE our Facebook page, here.

     
 
 
Teamsters Local 77
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