Employees often mistakenly believe that they must become formal members of the union

Discussion in 'UPS Freight' started by SMCRDFCL, Jul 1, 2010.

  1. SMCRDFCL

    SMCRDFCL New Member

    Employees often mistakenly believe that they must become formal members of the union or be discharged.(9) Most individuals in the workplace do not realize that they cannot be required to become or remain a member of a union as a condition of employment. In Right to Work states,(10) employees' "right to refrain" is complete, as they need not tender dues or even a reduced "financial core fee" to the union. In states that have not enacted Right to Work laws, the union and the employer may lawfully require some degree of financial support for the union as a condition of employment, i.e., the payment of the reduced "financial core fee."
    However, even in those non-Right to Work states, formal union membership cannot be required, regardless of the wording in the collective bargaining agreement.(11)
    Accordingly, there is a critical distinction between voluntary, formal membership in a labor organization and "financial core fee" payor or "agency fee" payor status: voluntary union members are subject to internal union discipline and fines, while nonmembers (e.g., "financial core payers" or "agency fee payers") are not.

    Employees who are not members of the union remain "members of the bargaining unit," fully covered by the collective bargaining agreement and all of its provisions regarding salary, benefits, seniority and pensions.(12)
    Moreover, the union continues to owe these "members of the bargaining unit" a duty of fair representation.(13)
    While such employees can be prohibited from participating in internal union affairs (such as voting in union elections, voting on decisions to strike or ratify a contract, or running for union office), they are immune from internal union discipline and fines.
    9. See cases cited in footnote 6. Surprisingly,
    this mistaken belief is found among workers even in those states which have
    Right to Work laws, which invalidate any union security agreement requiring
    union membership as a condition of employment.
    10. The states which currently have
    Right to Work laws are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho,
    Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North
    Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and
    Wyoming.
    11. See generally Bloom v. NLRB, 30 F.3d 1001
    (8th Cir. 1994); Wegscheid v. Local Union 2911, UAW, 117 F.3d 986 (7th
    Cir. 1997); Buzenius v. NLRB, 124 F.3d 788 (6th Cir. 1997); CWA
    v. Beck
    ,
    487 U.S. 735 (1988). Oftentimes, unions refer to their union security arrangements
    as "union shops" or "closed shops," but these terms are misnomers carried over
    from a former era, which simply lead to confusion among the employees. Wegscheid,
    117 F.3d at 990.

    12. IATSE Local 219 (Hughes-Avicom International),
    322 NLRB No. 195, slip op. at 2 (February 14, 1997) ("The maintenance of a contractual
    provision which on its face accords preferential treatment to union members
    against nonmembers concerning the receipt of benefits violates Section 8(b)(1)(A)
    and (2) of the Act.")
    13. Vaca
    v. Sipes
    ,
    386 U.S. 171, 177 (1967).

    http://www.nrtw.org/RDA.htm#t2
     
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Re: Employees often mistakenly believe that they must become formal members of the un

    Thanks for the information, although a link would have been just as effective.

    Do you really think your Union will represent you in the same manner whether you pay dues or not?
     
  3. grgrcr88

    grgrcr88 No It's not green grocer!

    Re: Employees often mistakenly believe that they must become formal members of the un

    What are you trying to accomplish with that? It may not be a requirement by law in a right to work state, but if you work in a Union shopp and enjoy Union wages and benefits what makes you think its ok not to support your Union by being a member?

    We have a name for people like that. SCABS!!!
     
  4. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    Thanks for the typical age-old Union talking points. They, like many politicians, depend on those talking points for their lack of representation. Sticks and stones and no debate are signs of a weak mind. Some members, stewards and old guard are in the ‘food chain’ depending on stupidity of the ranks to sustain their jobs while many suffer. We suffer because THE BROWN UNION [a combination of UPSF management and IBT management] will not enforce THE CONTRACT.
    All names aside, as children chide, is it better to remove the blinders of the Teamster horse in harness for THE BROWN UNION and that is all up to you-decide. Some remain useful idiots most of their lives.
     
  5. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    I understand how things work. The Union may want to document how THEY handle my grievances, whether I am representing myself or another employee. I am a steward and no longer a member of the local union. Yes, I got tired of paying for protection and not getting anything in return. I am a member of the bargaining unit, in a right to work state, according to my research and therefore can be a steward... The Union has grown to certain awareness of just who I am and what I support-which is THE CONTRACT. According the some laws, I am required to represent all parties to the contract whether they are members of the union or not.
     
  6. klein

    klein Für Meno :)

    Re: Employees often mistakenly believe that they must become formal members of the un

    Well, the next vote on stewards.... might as well count yourself out, as being elected again !!
     
  7. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    ARTICLE 4 STEWARDS
    The Company recognizes the right of the Local Union to designate[1] job stewards and alternates from the Company’s seniority list. The [Page- 6 -] authority of job stewards and alternates so designated by the Local Union…

    Regarding grievances and quoting the UPSGF contract: “If a steward is unavailable, the employee may designate a bargaining unit member who is immediately available at the service center at the time of the meeting to be present. Meetings or interviews shall not begin until the steward or designated bargaining unit member, if requested, is present.” Even though not a member of the Union, I am a member of the bargaining unit in a right to work state. Therefore, the employee can request I be present at any meeting between them and management and draft the grievance submit it to a declared steward or submit it to the local hall. The Union has to accept that grievance and process it if not how do you spell 'missrepresentation'?

    to choose something for a particular purpose.


     
  8. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Re: Employees often mistakenly believe that they must become formal members of the un

    You are not a steward. You are a designated bargaining unit member acting in that capacity but are not a steward. There is a distinction between the two. I admire the zeal with which you "represent" "your" members but do not consider it complete until you re-join the Union and officially become a steward--until then, you are simply a designated bargaining unit pretending to be a steward. As a member, I would prefer a steward, not a designated bargaining unit member, to represent me, if needed.
     
  9. grgrcr88

    grgrcr88 No It's not green grocer!

    Re: Employees often mistakenly believe that they must become formal members of the un

    Only an officer of the Union can present a grievance, Bargaining unit witnesses are only that. A witness to report facts to the elected Union representation. You my friend are a SCAB with delusions of grandeur. nothing more. But good luck to you!!
     
  10. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Re: Employees often mistakenly believe that they must become formal members of the un

    This is truly some scary *****!
     
  11. grgrcr88

    grgrcr88 No It's not green grocer!

    Re: Employees often mistakenly believe that they must become formal members of the un

    I Ain't sceered!!!
     
  12. grumpy

    grumpy New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    After talking to several other individuals at my home terminal, I would guess that this person came over from YRC. Based on his knowledge of Ups Freight and when we were overnite he has been here for 6 months. Most of these types know the contract inside and out quote you page and verse, which is quite sad really, but they fail to realize at times that they are talking about the master freight agreement which is not our contract. They other aspect is most of them are bad drivers, no consideration for others, and very juvenile in their behaver. Maybe just maybe if we ignore him he will go away and play some where else and seek professional help for his delusions of grandeur.
     
  13. bigblu 2 you

    bigblu 2 you Active Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    another wanna-be.,i bet you love getting the union wages and all other benefits without paying your dues.and yet i can almost ear you complaining and whining from here.you sir are the ruin of american solidarity.
     
  14. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    Look up the definition of SCABS. A SCAB [in Union terms] someone who works (or provides workers) during a strike.

    "Financial core payers" or "agency fee payers" support the contract and pay these fees to the Union in lieu of monthly dues... It is similar to an employment agency fee. The Union is still being paid. If some people spend a little more time reading and thinking they may grow and use less derogatory names.
     
  15. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    1. "Financial core payers" or "agency fee payers" support the contract and pay these fees to the Union in lieu of monthly dues... It is similar to an employment agency fee. The Union is still being paid. If some people spend a little more time reading and thinking they may grow and use less derogatory names.
    2. I am not from YRC and never worked under ‘Master Freight’. I have been a Teamster, 1975 to date, longer than some Overnite converts has been breathing.
    3. Yes, I am conversant in contracts, contract law, labor law, real estate law, life insurance law, property and causality insurance law, National Labor Relations Act, Labor Management Relations Act, Federal Motor Carrier Safety Regulations, International Air Carriers Associations.
    4. Driven over 3.5 million miles.
    5. Worked in logistics, including air transportation for 40 years.
    6. What have you done?
     
  16. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    See my recent posts...
     
  17. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    The Stewards, of our barn, are appointed by Union management [By-Laws] for your edification.
     
  18. SMCRDFCL

    SMCRDFCL New Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    If THE UNION fails to represent ALL employees equally, whether in a right to work state or not, then the following will occur:

    "National Labor Relations Board Act Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment. http://www.nlrb.gov/about_us/overview/national_labor_relations_act.aspx

    Now, what DO you not understand? I DO NOT NEED A STEWARD TO PRESENT MY ISSUES, OR CLASS ACTION ISSUES, IF THERE IS NO STEWARD AVAILABLE BY DESIGN...GET IT? A mind is a terrible thing to waste and knowledge will set you free.
     
  19. bigblu 2 you

    bigblu 2 you Active Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    well mr. know it all,just go ahead and represent yourself,im sure you alone will bring down the brotherhood with your masterful rebellion.i have seen your type and they mouth out all the wrongs and shortcomings yet never try to step up and fix what they feelis broken.and btw my i am a 3rd generation teamster and i dont cry about what i feel is wrong i voice my opinions to the officials and work with them to better the TEAM.i would go so far as to say you speak out both sides of you pie hole.your a nothing new though,i have 27 years in and have seen your type and they are the laughing stock of the management and the brotherhood,so please tellus what all-else you can doon your own.
     
  20. Fullhouse

    Fullhouse Member

    Re: Employees often mistakenly believe that they must become formal members of the un

    The man has valid points! Highlighting the man as a "scab" only enlightens us about your rather quick and limited judgment. This reminds me of the lady that recently was asked to resign her position at the USDA. To quick to judge without validating information and asking questions!