Around the Locals
August - September 2008
Local 890
Court affirms farmworkers’ right to sue for
lunch and rest breaks
"It is contrary to public policy for the court to exclude agricultural workers from the remedy provided to all other workers." So ruled Judge Lydia Villareal on April 22, 2008 in response to a complaint lodged by agricultural employees of the inter-related firms of Valley Pride, Sea Breeze Harvesting and Premium Packing who had been denied payment for lunch and rest breaks for years.
The workers came to the Teamsters for help in July, 2007, because they felt the company was not paying them fairly. Once Fritz Conle, organizer for Teamsters Local 890, heard their plight, he knew that they needed a legal remedy. He introduced the workers to lawyers at Beeson, Tayer & Bodine who filed a complaint in October, 2007, alleging theft of wages, extortion, denial of overtime, and violation of their right to lunch and break periods. The judge’s ruling underscores that farmworkers have the right to be paid for lunch and rest breaks.
The lawyers for the companies had filed papers in Monterey County Superior Court arguing that agricultural firms had no duty to grant farmworkers their lunch and break periods. If the court had accepted that argument, it could have deprived hundreds of thousands of California farmworkers their right to meal and rest periods.
These three c o m p a n i e s form one of the largest nonunion growershippers of agricultural products in California, growing, harvesting, cooling and shipping lettuce, celery, artichokes and other fresh vegetables to all parts of the U.S. throughout the year.
"The companies’ efforts here epitomized their cynical and selfish attitude toward farmworkers. They attempted to create legal authority to deprive all California farmworkers of their right to meal and rest breaks in order to avoid their clear liability in this case," said the workers’ attorney Teague Paterson.
"This sector is particularly susceptible to exploitation," added Conle. All too often, multi-million dollar corporations ignore the workers’ rights to the most basic protections like lunch periods and breaks. They fight tooth and nail to prevent their truck drivers and other workers from having a union. The agricultural industry needs more, not less, legal protections for workers. We are pleased the Court agrees, and that this case will proceed."
New leadership at Local 890
After more than 40 years as a member of Local 890, and having served for 23 years as the Local’s President, Frank Gallegos is retiring from his full-time position with the Local.
Gallegos led the Local through the United Foods strike in 1985, the Dole strike in 1989, and the two-year strike at Basic Vegetable Products in 1999.
Taking over the helm is Crescencio Diaz, a Teamster member since 1971.
Born in Mexico in 1954, Diaz came to the United States at age 16 and worked full time as a farmworker. He joined the United Farm Workers in 1970, and became active in that Union first as a striker and then as a Bargaining Committee member.
When he got a job as a machine operator in a tomato cannery in Hollister, the following year, he joined the Teamsters. He was quickly recruited to serve as a shop steward, which he did for the next 14 years. In 1985, he was hired by the Local as a full time union representative.
For the past 23 years, Diaz has been organizing members, negotiating contracts, and fighting to win grievances on behalf of Local 890’s widespread membership in the Salinas Valley, Oxnard, Huron, the Imperial Valley, and Yuma, Arizona. He has represented members in the fields, trucks, canneries and salad plants. He was one of the key coordinators of the successful strike by more than 4,000 Teamster members against Dole Fresh Vegetables in 1989.
Currently, Diaz is directing the negotiations for renewed Teamster contracts in agriculture, salad plants and food processing. "This is going to be a very tough year, with contracts covering more than 5,000 members being renegotiated. But our members are determined to make gains, our negotiating committees are united, and we are determined to get the increases the members need. We will be negotiating aggressively with all seven employers to get fair contracts," commented Diaz
Local 315
Locals 490 and 315 merge
After several months of meetings and diligent negotiations, the Executive Boards of Teamsters Local 490 in Napa and Solano Counties and Teamsters Local 315 in Contra Costa County approved an agreement merging Local 490 into Local 315. On June 6, by a secret ballot vote, the membership of Local 490 overwhelmingly approved the merger, which was then approved by the International and took effect on July 1, 2008.
"Unlike many mergers, this one was not necessitated or driven by any financial difficulties whatsoever," said Local 490 Secretary- Treasurer Carlos Borba. "Local 490 was in a very sound financial position; we had solid assets including owning our building. But because we represent many of the same employers and industries as Local 315, we have explored the possibility of a merger for many years."
"This is a good fit, it makes sense," Borba added. "I believe it was in the best interest of both Locals to take advantage of the opportunity now."
Underscoring the value of the merger, Local 315 Secretary-Treasurer Dale Robbins said that the biggest change is that "we will be a Local with more than 5,000 members. With the combined assets and resources, we will be bigger and stronger and more capable of protecting our member’s jobs, providing more job opportunities and getting our members the best possible contracts that they deserve."
Local 490 and 315 have always worked in close cooperation with each other. "I look forward to our new partnership," Robbins added.
Robbins doesn’t expect members to experience many changes as a result of the merger. "We plan to keep the 490 offices in Vallejo open. The initial work will be internal as we consolidate office procedures, bookkeeping and administrative duties. A key value of merging is to create more efficiency. This enables us to provide more services to our membership while at the same time establishing an even more aggressive organizing program."
Making the merger work required some sacrifices on the part of the Executive Board members of both Locals. Local 490 Secretary-Treasurer Carlos Borba will become the President of Local 315. Local 315 President Jim Sveum and Local 490 President Frank Coppa are both stepping down from the Board and will serve as Business Agents along with John Bottali, Don E. Garcia, Doak Jones, and Mario Martinez. Rounding out the new Local 315 Executive Board will be Vice President Mario Martinez, Recording Secretary Don E. Garcia and Trustees Dan Cahill, Robert Cross and James Francis. Those Executive Board members who stepped down from their respective Locals will serve on a newly-created advisory board. In addition to Sveum and Coppa are Kim Fong, Howard King, Mike Morales and Joel Simms.
"During the transition period, there may be a few unexpected bumps," Robbins added. "I ask for our members’ understanding and cooperation until we smooth everything out."
Local 853
More than 200 new members gain union representation in three successful organizing drives
White Cap Construction Supply
The 65 drivers, warehouse and counter sales workers at White Cap Construction Supply in San Francisco have the union representation that many of them had wanted for 10 years.
"This was a tough campaign," explained Joint Council 7 Strategic Organizer Pilar Barton. "In an effort to dilute the vote, the company added 23 people to the 42-person unit. They hired three union busters to work alongside the employees and do everything they could to turn them against the union. They even added three people to the unit who worked at another facility and had absolutely no contact with our group or their supervisors."
In the end, the workers voted in June by a margin of 31-29 to join Local 853. The union challenged the ballots from the three workers who worked in Hayward, and on July 22, the Labor Board agreed that these votes should be tossed out.
"We welcome these workers to the Teamster family. They fought hard to get union representation and clearly they know what it’s worth. We look forward to bargaining on their behalf," said Secretary-Treasurer Rome Aloise.
Aramark Managed Systems at San Jose State
The 23 workers at Aramark Managed Systems who do the janitorial work at San Jose State called Local 853 for help to get union representation after hearing about the union on Spanish radio station KLOK in San Jose. These workers had some real horror stories, including sexual harassment. That’s why they wanted a union," explained Business Agent Lou Valletta.
Organizers Frank Harms and Stacy Lavelais got the workers to sign cards; the union election was held on May 2 and the employees voted by a two to one margin to join the union.
The first bargaining session was held in July and the talks are being led by Business Agent Ron Paredes.
MV Transportation
In 2007, MV Transportation negotiated a national contract with the IBT that included card check recognition and neutrality. This switched on the green light for Local 853 to go back to the workers at the San Leandro facility who had sought representation with Local 78 for years but had consistently been stymied by the company’s anti-union tactics.
"It didn’t take long for us to get a majority of the 150 drivers, 11 mechanics, and about 30 employees who work in dispatch and residual units to sign union cards," explains Organizer Jesse Casquiero. "With the card check agreement in place, that means we can move directly to negotiating a contract."
Business Agent Efren Alarcon says that Local 853 "anticipates representing the employees under the terms of the national contract. We’ll fine tune it to meet the needs of the San Leandro division, but we’ll mainly focus on getting a good economic package for our new members." The first bargaining session is set for August 7.
Alarcon added that the company is disputing the union status of the workers in residual units. "They thought only the drivers and mechanics would be joining the union, but nobody told our organizers or those workers who want union representation. If the company doesn’t recognize those workers, we’ll just hold an election."
Local 856
Local launches two new websites
Teamsters Local 856 is pleased to announce the launch of not one, but two new websites!
The first and main website for Teamsters Local 856 members is www.teamsters856.org. This website not only has a great new look, but is more useful than ever, with general information about Local 856, its officers, business agents and staff, as well as details about upcoming events.
A new feature of the website is the Members Only section, which has information by each of the Local’s 13 divisions (Airline, Benefit Administrators, Healthcare, and Public Sector, to name a few). Members must apply for access to these pages. Once approved, they will have full access to view their Division pages and a page devoted solely to their bargaining unit that lists the business agent, shop stewards, and details upcoming meetings and news.
Another feature of the website is the Job Bank, which lists all job opportunities that the Local receives. Our Political Action page will be updated regularly during the election season. The Legal page is where members can read up on information about Weingarten Rights, Family Medical Leave Act, and other rights afforded to workers.
Members are encouraged to check out the new site’s many other features and register for an account, so they can not only access the "Members Only" pages, but also sign up for the monthly e-mail newsletter to keep connected with Local 856.
The second website—teamsters SFO.com—is dedicated to our newest members, United Airlines Mechanics and Related at SFO. To meet the distinct needs of this large and dynamic group, their new website will include information on monthly craft meeting schedules, business agent reports, collective bargaining agreement, grievance forms, and other information relating to their worksite and to the many challenges facing the airline industry.
"In designing these sites, we wanted to arm our members with the best, latest and most useful information," said Secretary-Treasurer Joe Lanthier. "Keeping our members informed will, in turn, keep the union strong."
Although no website can replace one-on-one personal service, the Local hopes that, even after hours, members can find a starting place to answer their questions and learn more about their union.
As is the nature of the web, these sites continue to grow and change. Local 856 members are encouraged to e-mail their feedback and suggestions to webmaster@ibt856.org.
Local 665
With contract improvements, Taxi dispatchers
get politically active
Taxi dispatchers at San Francisco International Airport (SFO) have ratified a new three-year contract that will bring improvements in wages and participation in the Western Conference of Teamsters Pension Trust.
As with all new contracts, negotiations were difficult, but the members stuck together through the talks.
"These workers approached our Local several months ago hoping to gain improvements through a Teamster contract," said Local 665 Secretary- Treasurer Ernie Yates, who led the negotiations. "This three-year deal will assure both wage and job stability as well as growth for retirement."
As Teamsters, these Taxi dispatchers have embraced the call for greater participation in the electoral process by registering to vote and signing up for DRIVE.
Local 665’s intensive effort to increase voter participation in this year’s presidential election dove-tailed with dispatchers’ pride as new Teamsters.
"During the ratification meeting, these members enthusiastically signed voter registration forms," said Business Agent Tom Martin. "They realize that improvements happen at both the negotiation table and at the ballot box."
These 30 new members of Local 665 at SFO join more than 1,000 other Teamsters working in and around the busiest airport in the San Francisco Bay Area.
Copyright ©2008 by Teamsters Joint Council 7