Around the Locals

february/march/april 2005

Local 350

More members in garbage industry

On December 3, 2004, 30 employees at Hollister Disposal Company, a subsidiary of Waste Management, voted by a 3-1 margin in an NLRB election for union representation by Local 350.

“The workers want to be treated with respect. They also want a fair seniority system and affordable health insurance. They look forward to working under a collective bargaining agreement,” says Secretary-Treasurer Bob Morales, who reports that contract negotiations have just begun. Morales gave special thanks to International Project Organizer Sonia De La Cruz, who came from the International Organizing Department to work with the Local on the campaign. “She related well to the workers,” Morales adds. Also in late December, 30 employees at the BFI transfer station in San Carlos unanimously ratified their first union contract. The agreement includes full maintenance of benefits for health and welfare for five years, substantial wage increases and retiree health insurance with full maintenance of benefits.

Local 490

Even though Republic Services bought out Solano Garbage, the 110 members of Local 490 who work in garbage and recycling services and at the landfill were successful in getting additional monies for their health and welfare, pension and wages. “We look forward to working with this new company,” said Secretary-Treasurer Carlos Borba.

Albertson’s shake-up

Locals 490, 70 and 150 will be going into effects-bargaining with Albertson’s to deal with how the company plans the transfer of work from the San Leandro to the Roseville facilities. “The company has announced that they’re closing the San Leandro facility and moving that operation to Roseville,” says Borba. “In the interim, we expect the move and closure will impact Local 490’s members who work at the Vacaville Distribution Center. ” At press time, the locals were just getting the details from Albertson’s, and will continue to update the members as they know more.

Local 78

Working on Acme

Local 78 Organizer Skip Joaquin says that he’s never filed as many unfair labor practice charges in an organizing campaign as he has against Acme & Sons Sanitation in San Jose. “But this is a battle worth fighting,” he says. “These are proud, strong folks. Twenty-one of the fifty people in the unit showed up to the very first organizing meeting that we held on a Saturday. On the following Monday, every one of them wore their Teamster's Local 78 button to the job.” The company terminated one union supporter the day before the organizing meeting and they fired another three days later. “We’ve since learned that one of the managers parked down the street from Local 78’s office and wrote down the names of every individual who attended that meeting,” Joaquin says. “The company is also offering promotions and raises if employees
forget about the union, and we expect more terminations to follow.” The employees are looking for union representation because they haven’t gotten promised raises, they have to pay for their benefits, and money is taken out of their checks
without authorization to pay for damaged equipment. With facilities in San Jose, Martinez and Stockton that employ a total
of 125 people, Acme supplies portable toilets, temporary fencing, storage sheds, sweepers, generators and temporary
power. Joaquin has already invited the Machinists Union to organize the mechanics and Local 287 to work with the construction employees.

LOCAL 853

Dairy drivers file class action lawsuit for overtime pay

On January 19, four Route Drivers at Producers Dairy facilities in Ceres and San Leandro filed a class action lawsuit against the company alleging that the company unfairly withheld overtime pay when they worked more than 8 or 12 hours in a day or 40 hours in a week. The case was filed in the U.S. District Court for the Northern District of California. Local 853 is backing the lawsuit, and attorney Michael Nelson from the Beeson, Tayer, Bodine law firm is representing the drivers. The lawsuit alleges that Producers Dairy violated the Fair Labor Standards Act by not paying appropriate overtime (time and a half) for more than eight hours work in a day or 40 hours in a week; or double time for more than 12 hours in a day. The drivers
allege that Producers Dairy knew that they were responsible for paying the overtime wages, but willfully refused to do so. They are seeking payment of the back wages, attorney fees, and any other damages as appropriate. Three of the drivers, Joe Romero, Lawrence Heffington and Lauren Portillo, work at Producers Dairy’s San Leandro facility. The fourth, Raymond
Jeanes, works at the Ceres facility in Stanislaus County. The lawsuit is being filed as a Class Action on behalf of all of Producers Dairy’s Route Drivers who have been denied full payment of their overtime wages. It wasn’t until the drivers at the Ceres facility approached the Teamsters to represent them, that the union learned of the company’s practice not
to pay overtime. (The San Leandro employees voted for union representation in 2003, but to date, the company and union have not been able to reach agreement on a first contract.) In addition to San Leandro and Ceres, the company operates offices and depots in Anderson, Chico, Sacramento, Ceres, Castroville, Fresno, Tulare and San Luis Obispo. Producers Dairy
processes, warehouses and distributes dairy and related products to retail outlets throughout the state. Its largest customers are Target and Costco.

Arbitration win gives member one year in back pay and benefits

When Morton Salt fired six-year Local 853 member Edward Grant for violating the company’s attendance policy, he knew they were wrong. The union backed him up and brought in attorney Teague Paterson from the Beeson, Tayer, Bodine Law firm to handle the case. In December, 2004 the arbitrator ruled in favor of Grant and he received a settlement of one-year’s back wages and benefits worth over $50,000. “The arbitrator said that Ed was not properly terminated under the terms of the Collective Bargaining Agreement in accordance with past practice,” explained Local 853 Recording Secretary Antonio Christian. “Without a union, he would never have seen a dime. It was important for us to fight for this member’s rights.”

locals 856 & 665

The cooling-off period in the San Francisco hotel workers’ labor dispute expired on Sunday, January 23. Both Local 2 and employer representatives assured Mayor Gavin Newsom there will be no resumption of the strike or lockout, at least in the short term. Some 600 members of Local 856 who work in the offices and at the front desks of the struck hotels, and
200 members of Local 665 who work in the hotel parking lots, will be affected if another strike or lock-out ensues, because the unions will again ask them to respect Local 2’s picket line. The cooling off period began November 20—the workers returned to their jobs and negotiators were to continue with their work—but according to Local 2 President Mike Casey, the
two sides remain very far apart. Local 2 is conducting a boycott of the 14 San Francisco hotels and members are calling meeting planners asking them to move their business to other hotels.

Here are the affected hotels:
• Argent Hotel
• Crowne Plaza Union Square
• Four Seasons
• Fairmont
• Grand Hyatt Union Square
• Hilton San Francisco
• Holiday Inn Civic Center
• Holiday Inn Express
• Holiday Inn Fisherman's Wharf
• Hyatt Regency Embarcadero Center
• Mark Hopkins Inter-Continental
• Omni Hotel
• Sheraton Palace
•Westin St. Francis

“A boycott is the only way to get a settlement here—when some beancounter decides it’s better to settle with the union than to continue to lose millions of dollars in business,” said Casey.

Close to 200 new Teamsters have contracts in Rental Car industry

Local 665 has added 188 new members to its Rental Car units at Avis, Budget and Hertz locations in San Francisco, at the San Francisco International Airport, and in Santa Clara. One hundred and fifty seven Hertz hikers at the San Francisco International Airport ratified a new five-year agreement. The new contract includes pay increases each year, six paid holidays and six floaters to be used for vacation and sick days, and health and welfare coverage. A new grievance procedure forces the company to show cause for discipline. The members also get bereavement and personal leave and seniority will now be used for shift bids and layoffs. With the merger of Avis and Budget into Cendant Corp., 11 new members have been added to the San Francisco Mason Street contract. These new members are entitled to improved wages, health and welfare, holidays and vacation. The contract also ensures a just cause grievance procedure and seniority protection for shift bidding and layoffs. Twenty new Hertz shuttlers in Santa Clara unanimously signed union representation cards and will soon be voting on a contract offer of proposed improvements in wages, holidays, working conditions, seniority, and a just cause grievance procedure. “Local 665 welcomes these new brothers and sisters as Teamsters in our growing Rental Car industry,” says President Mark Gleason.

Local 315

City of Hercules workers say ‘Teamsters YES!’

More than 75 City of Hercules workers in Contra Costa County made their mind up to have union representation and in October, they contacted Local 315. By November, Local 315 President/Organizer Steve Gutierrez had a real strong showing of support and contacted the city for recognition by card check. “We feel that Local 315’s visibility throughout the County in our political action and participation in the labor-to-labor program made a big difference,” said Secretary-Treasurer Dale Robbins. “To the City’s credit, they immediately agreed to have the State Mediation & Conciliation Service verify the Union petition,” said Robbins. Within a few days Local 315 was certified as the bargaining representative. The bargaining unit covers all classifications, from the city clerk to maintenance and pre-school instructors. “The workers are very dedicated to their jobs and anxious to gain a say in their work place. We have a good cross section of the workers on the negotiating committee and have already begun negotiations with the city,” Gutierrez said. “I feel confident we will successfully work out the terms of a first contract for the workers and bring new members into Local 315.”