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Old 10-31-2007, 10:52 PM   #1
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Cool Local 396 avoids its members!!

Local 396 has refused to call a general membership meeting for its 10K UPS members that it represents to discuss this contract.

In past administrations, the Officers of the Local have always assembled the membership and gauged the sentiments of the membership.

This time around, the Officers are secretly trying to get select members to do the bidding of the Local by asking some members to "sell" the contract for them.

Instead of the Officers and BA's of the Local standing at the gates of each hub answering questions and informing the membership, they hide at the office refusing to take calls and allowing those calls to go to voice mail.

The sacrificial lambs silly enough to sell out for a T-Shirt and a leather brief case stand in their place, unable to explain the contract and looking silly at best.

This contract and its riders and addendums have embarassed us all as Teamsters.

Peace.
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Old 11-01-2007, 06:49 AM   #2
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Default Re: Local 396 avoids its members!!

All I gotta say is 396 sucks. Ive been a part timer for three years and every time there is an issue going on, they are nowhere to inform us on anything. They take our union dues and run. How are they representing me?
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Old 11-01-2007, 03:33 PM   #3
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Default Re: Local 396 avoids its members!!

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All I gotta say is 396 sucks. Ive been a part timer for three years and every time there is an issue going on, they are nowhere to inform us on anything. They take our union dues and run. How are they representing me?
Today David Castro was cursed out by a driver and Mark King by a part-timer. I saw them going around telling people don't believe what you heard but vote yes on the contract. The only reason why they showed their face was because some makeupsdeliver flyers were passed out.
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Old 11-17-2007, 08:55 AM   #4
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Default Re: Local 396 avoids its members!!

David Castro, if you don't know is supposed to be our top guy at ups, yet nobody knows him. He is known as a sellout to his peers; an Mark King is just taking up space. Any real officers would grow some nutts N tell members to vote "NO". Castro you are "DONE"...
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Old 11-17-2007, 10:01 AM   #5
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Default Re: Local 396 avoids its members!!

You have over 10k and you keep these clowns in office?
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Old 11-17-2007, 01:12 PM   #6
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Cool Re: Local 396 avoids its members!!

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You have over 10k and you keep these clowns in office?
Exactly.

The power of voter apathy.

Peace.
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Old 11-17-2007, 02:03 PM   #7
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Cool Re: Local 396 avoids its members!!

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Originally Posted by FIST View Post
David Castro, if you don't know is supposed to be our top guy at ups, yet nobody knows him. He is known as a sellout to his peers; an Mark King is just taking up space. Any real officers would grow some nutts N tell members to vote "NO". Castro you are "DONE"...

Fist,

Indeed, we are in a crisis in our local and this cannot be disputed.

The real problem for our current OFFICERS and agents is one of complacency and politics.

When the administration was first assembled to run against then Officer Danny Bruno, the men involved had one thing in mind, protecting the people.

They started out great and things changed. The OFFICERS put the locals finances back in order and started a new direction with respect to investments and capital spending. Congratulations are in order for this part of the administrations efforts. They have made good on this promise.

Ron Herrera, Jay Phillips, Bill Huff & Rey Garcia started with the premise of MEMBERS FIRST. Indeed, they did just that.

Somewhere down the road, things changed. Rey left along with a few other agents. The emergence of local politics was emerging.

Fancy dinners, golfing and trips out of town started to be the norm for Ron, Jay and Bill. There focus began to be on the politics of being officers of the local. Enjoying the perks of such a priviledge became the primary focal point of their administration.

While this was happening, the yards and the grievances became of lesser importance. The "new" agents rarely come to the hubs on a regular basis, and getting a grievance hearing within 30 days, well, you might as well get on your knees and beg the company to pay a grievance.

The local began a practice that had not been the norm for handing grievances, the panel system. In panels, "they" can pass the buck to the panel process instead of taking responsibility for the outcome themselves.

Here in 396, we have an expedited arbitration process that can be used to settle ALL disputes. There are no exceptions. However, the local refuses to take advantage of this language and prefers to take the weeks off to visit other cities and commiserates with other locals at the panels.

The panel system, refered to in Union Terms as "deadlock committees" are a complete waste of time.

This local is more concerned with playing politics with other locals and getting their name in the Teamster rags than it does participating in real issues with UPS members.

When was the last time anyone saw RON HERRERA in a yard handling any case for the members?? There have been a TON of employees fired over the last 5 years who were out months and returned without pay and without arbitration. The company has taken advantage of this local and Mr. Dan Guerrero of UPS has steamrolled JAY and DAVID CASTRO each and everytime their is a dispute. Ron has yet to put his feet on the ground for a member terminated at UPS and this is unacceptable.

The agents have completely surrendered to the company when handling a grievance and each case is automatically scheduled for panels rather than the agents dealing with the company at the local level as required.

If the employees were a bit more informed, they would know that DFR charges can be filed against the agents for not Investigating the cases prior to any grievance hearing,handling each case with the best interest of the employee in mind or handling the case in a timely manner.

Agent George Turner is always taking a verbal beatdown in his yards for being weaker than a used teabag.

Our local has lost its focus. Its primary responsibility was to protect its members and not itself. There is no provision for the Officers and agents to conduct themselves in a manner that focuses on local teamster politics.

Our elected leaders have demonstrated a proclivity for kissing the behinds of the J.C. and taking instructions from it.

Next year will bring a new set of elections for our local.. People need to rise to the occasion and begin to assemble a new group of concerned members that will rise to the challenge and put the members first and forego the political sinkhole Ron, Jay and Bill have dug for themselves.

This local is large and has many complexities. Its elected officers KNOW that catering to one segment will get them re-elected. The sanitation segment dominates our election cycles.

The Officers "KNOW" that investing time with them will get the vote out, versus spending time with the overwhelming majority of members (UPS) and facing reality.

Its "OUR" responsibility to motivate each other and get the word out to insure change in the next elections.

What we already know is that the Herrera administration has not only sold us out on this contract (from our perspective) and is no longer putting the UPS membership first.

Their self promoting literature is nonsense aimed at giving a false sense of things at hand. It amazes me the effort they spent to promote Jay and Rons role in organizing the sanitation industry nationwide, then Ron calls a strike against Waste Management and the company hands him his "ash" and cost 45 members there jobs.

Do you think these 45 members think the tough talk was worth it?

These members have been permanantly replaced and cannot be re-hired until a position opens up and this with a full loss of seniority.

Great job local 396.

The important thing for us to realize is that "we" hold the power to make change in the local. Dont ever forget that RON, JAY, BILL & DAVID work for US and we pay their salaries.

They answer to "US", not the other way around.

Change begins with those who seek it, if we just complain and allow this locals administration to continue on its path of self indulgence, then we need to just be quiet.

I think they know they are on the ropes and the 12th round is coming up fast. The bell will ring when this contract is ratified in its current form.

Peace.
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Old 11-17-2007, 02:38 PM   #8
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Default Re: Local 396 avoids its members!!

Brownshark-
what are "DFR charges"?
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Old 11-17-2007, 03:35 PM   #9
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Default Re: Local 396 avoids its members!!

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Brownshark-
what are "DFR charges"?

Duty of Fair Representation, it is a charge that can be filed under the National Labor Relations Act.
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Old 11-17-2007, 04:01 PM   #10
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Cool Re: Local 396 avoids its members!!

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Brownshark-
what are "DFR charges"?
Trickpony,

Here is from the NLRA...

Duty of Fair Representation (DFR):
A union's obligation to represent all people in the bargaining unit as fairly and equally as possible. This requirement applies both in the creation and interpretation of collective bargaining agreements. A union is said to have violated its Duty of Fair Representation when a union's conduct toward a member of a collective bargaining unit is arbitrary, discriminatory, or in bad faith. A union steward, for example, may not ignore a grievance which has merit, nor can that grievance be processed in a perfunctory manner. It should be noted, however, that the employee in the bargaining unit has no absolute right to have a grievance taken to arbitration. The union is obligated to give fair representation to all union members, and also to collective bargaining unit members who have not joined the union in "right-to-work" states or in public service units.


In cases here in our local, the agents are NOT conducting grievance hearings but instead, taking the cases directly to panels in order to avoid having to deal with the company at the local grievance level.

This is a practice of cowardess.

The labor manager of UPS in WLA District is good at what he does and he has imtimidated the current agents to a point of retreat.

If an employee files a grievance, that employee has a right to have a hearing within 30 days of the filing. Before the hearing, the agent has an obligation to investigate the facts of the case upto and including any documents, photos & recordings prior to any hearing.

Here, the agents do nothing but walk into a hearing (when they can get one) and then sit silently until the company upholds its position. Then they go outside with the employee and talk tough again. 12 months later, they come back and tell the employee they either loss the case in panels or won the case getting them .25 cents on the dollar.

The win is really an agreement in the halls of second level hearings where the company "offers" to settle the cases and this local takes it and presents it as a victory.

DFR charges can and will be filed in this local in the upcoming months as members realize that "many" are going thru the same situations.

Peace.
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Old 11-17-2007, 04:04 PM   #11
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Default Re: Local 396 avoids its members!!

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Originally Posted by BrownShark View Post
Trickpony,

Here is from the NLRA...

Duty of Fair Representation (DFR):
A union's obligation to represent all people in the bargaining unit as fairly and equally as possible. This requirement applies both in the creation and interpretation of collective bargaining agreements. A union is said to have violated its Duty of Fair Representation when a union's conduct toward a member of a collective bargaining unit is arbitrary, discriminatory, or in bad faith. A union steward, for example, may not ignore a grievance which has merit, nor can that grievance be processed in a perfunctory manner. It should be noted, however, that the employee in the bargaining unit has no absolute right to have a grievance taken to arbitration. The union is obligated to give fair representation to all union members, and also to collective bargaining unit members who have not joined the union in "right-to-work" states or in public service units.


In cases here in our local, the agents are NOT conducting grievance hearings but instead, taking the cases directly to panels in order to avoid having to deal with the company at the local grievance level.

This is a practice of cowardess.

The labor manager of UPS in WLA District is good at what he does and he has imtimidated the current agents to a point of retreat.

If an employee files a grievance, that employee has a right to have a hearing within 30 days of the filing. Before the hearing, the agent has an obligation to investigate the facts of the case upto and including any documents, photos & recordings prior to any hearing.

Here, the agents do nothing but walk into a hearing (when they can get one) and then sit silently until the company upholds its position. Then they go outside with the employee and talk tough again. 12 months later, they come back and tell the employee they either loss the case in panels or won the case getting them .25 cents on the dollar.

The win is really an agreement in the halls of second level hearings where the company "offers" to settle the cases and this local takes it and presents it as a victory.

DFR charges can and will be filed in this local in the upcoming months as members realize that "many" are going thru the same situations.

Peace.
Time to vote these clowns out! Once again a contract is only as good as its enforcement!
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Old 11-17-2007, 04:09 PM   #12
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Default Re: Local 396 avoids its members!!

Oh yeah, George {edited by admin} turner tried to talk to the manager one day and the manager shut door on his face. David {edited by admin} (boy wonder) also got thrown out on his face by a manager. To this day managment runs all over these guys. God help US.

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Last edited by cheryl; 11-18-2007 at 06:48 PM. Reason: deleted surnames
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Old 11-17-2007, 06:57 PM   #13
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Default Re: Local 396 avoids its members!!

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Oh yeah, George {edited by admin} turner tried to talk to the manager one day and the manager shut door on his face. {edited by admin} (boy wonder) also got thrown out on his face by a manager. To this day managment runs all over these guys. God help US.
you never seen managers shut the door in a reps face or throw one of property before?
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Old 11-17-2007, 07:26 PM   #14
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Default Re: Local 396 avoids its members!!

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you never seen managers shut the door in a reps face or throw one of property before?
....and then you wonder why there is such contempt towards management? Once again, the contract was agreed upon by both parties. When management throws temper tantrums like shutting the doors in the reps face or throwing one off property it conveys a strong message to the membership......and then management wonders why we have such contrary, bitter, angry and hateful attitudes.

C'mon Tieguy......connect the dots.
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Old 11-17-2007, 08:37 PM   #15
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Default Re: Local 396 avoids its members!!

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....and then you wonder why there is such contempt towards management? Once again, the contract was agreed upon by both parties. When management throws temper tantrums like shutting the doors in the reps face or throwing one off property it conveys a strong message to the membership......and then management wonders why we have such contrary, bitter, angry and hateful attitudes.

C'mon Tieguy......connect the dots.
Don't have to connect the dots tricky never made a comment for or against the action. Too me its an interesting point because the poster is pointing out the this union official is weak because management shut the door or had him thrown off property. If anything it shows me the guy is confrontational to the degree that management gets PO at him. If the guy was weak and giving the company everything they want then I would think the company would welcome him with open arms not throw him off property. Perhaps you should try connecting your own dots.
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Old 11-17-2007, 09:29 PM   #16
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Default Re: Local 396 avoids its members!!

That would be correct if things were getting done. Like taking care of our grievances in a timely manner. Or not have mangament do whatever they want to the members.
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Old 11-17-2007, 09:49 PM   #17
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Default Re: Local 396 avoids its members!!

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That would be correct if things were getting done. Like taking care of our grievances in a timely manner. Or not have mangament do whatever they want to the members.
I don't know . just commenting on the point that a BA being thrown off property is probably because he is too confrontational not too passive.
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Old 11-18-2007, 04:54 AM   #18
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Default Re: Local 396 avoids its members!!

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I don't know . just commenting on the point that a BA being thrown off property is probably because he is too confrontational not too passive.
....and why would a BA be confrontational?
Would it be because he is tired of dealing with the double-talk, the deceit, the "answer a question with a question" tactics of management, the word games of management and management's complete inability to directly answer a question?
As skilled as you are at the aforementioned traits, I'm surprised you aren't at panel every month struting your stuff, gladhanding, shoulder-slapping and having a good 'ol time all the while knowing that you're gonna get paid as some union member(s) are getting screwed (perhaps completely out of a job).

.....spin this one.
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Old 11-18-2007, 05:03 AM   #19
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Default Re: Local 396 avoids its members!!

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....and why would a BA be confrontational?
Would it be because he is tired of dealing with the double-talk, the deceit, the "answer a question with a question" tactics of management, the word games of management and management's complete inability to directly answer a question?
As skilled as you are at the aforementioned traits, I'm surprised you aren't at panel every month struting your stuff, gladhanding, shoulder-slapping and having a good 'ol time all the while knowing that you're gonna get paid as some union member(s) are getting screwed (perhaps completely out of a job).

.....spin this one.
Trick,
You ain't seen nothing yet, if this contract passes. What we have experienced thus far is like a Sunday go to meeting class compared to what we have in store for us on this new contract.
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