TEAMSTERS LOCAL 439

Serving San Joaquin, Amador, Calaveras, and Tuolumne Counties

1531 E Fremont Street, Stockton, CA  95205   
  Tel: 209-948-9592    Toll Free: 1-866-439-3247      Fax: 209-948-3424



























         


 

Phil Rushing
Business Representative

I have been an active Teamster for 26 years, while employed at United Parcel Service.   In December 1999 I was elected Recording Secretary of Teamsters Local 439 and became a Business Representative in January of 2000.  I graduated from U. C. Berkeley in 1974 with a BA in Social Welfare.  I am currently a delegate representing Local 439.

I represent Teamsters at United Parcel Services, Leprino Foods, Coca-Cola Bottling Co., City Of Tracy, The University Of The Pacific, and Bright Now Dental in Tracy.  I work diligently to resolve grievances, improve and secure labor contracts, and identify and correct violations of the contract.  


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Report from Union Representative Phil Rushing

A Message from the President
Phil Rushing
 

After recently attending the 38th Annual Employee Benefit Conference, I am more troubled than ever about the state of our current health care system.  The Conference was a gathering of some 8,000 Trustees from around the United States who, by virtue of sitting on a Trust Board, have been empowered to manage the Taft-Hartley Trust Fund offered by Employers.

The main theme at this year’s Conference was just how difficult it has been for Union and Employer Trustees to develop health and welfare plan designs and strategies that provide affordable benefits for Union members.  Medical costs have soared in recent years, doubling in five years and nearly tripling since 1990.  Inflation has added huge, unexpected costs to employers’ business plans, and as a consequence, employers have been requiring employees to share in some, if not all of these added costs.  In many cases, benefits have been reduced, and in others, co-pays have been introduced.  Unheard of ten or fifteen years ago, monthly co-pays are now the norm, not the exception.  To be sure, negotiating a Health & Welfare package in your contract has become the single most difficult issue at the bargaining table.

Given that the Bush Administration has not been pro-active on issues related to health care, and given their wait and see attitude, I see little or no relief in the near future.  President Bush, and the Republicans in general, are so out of touch with the average American worker that affordable health care is the least of their concerns.  They are of the opinion that a viable health care system provides quality benefits for a privileged few who can afford them, while offering little or sub-standard coverage to those who need them the most yet can least afford to pay.  I am speaking of the millions of working poor in America.

  Another disturbing aspect of the current crisis is how large Employers, such as Wal-Mart, stand by and do nothing, instructing their employees to seek out government assistance.  Since Wal-Mart does not provide the majority of their employees with health & welfare benefits, the cost of health care coverage for the average Wal-Mart worker is shifted to those employers who do provide benefits to their employees.  When an uninsured Wal-Mart worker shows up at a hospital emergency room without insurance, hospitals are only able to absorb and recover that cost by passing it onto you, me, and our employers!

  We are in a state of crisis, yet few politicians seem to care or recognize the danger that lies ahead if nothing is done.  News coverage tends to focus on the War in Iraq, the Scott Peterson trial, and the meaningless escapades of Michael Jackson.  Even more disturbing is the government’s cozy relationship to the health care industry and the back seat policies of the Bush Administration.  If health care costs continue to rise as it has in recent years, I can assure you that you will be expected to pay an ever-greater portion of future increases out of your negotiated wage package. 

The time is ripe for you to get involved and inform your Congressional Representative or U.S. Senator that something must be done to ameliorate this crisis before it spirals out of control.  Sitting back and doing nothing is no longer an option.  The future of affordable health care depends on you.


Report from Union Representative Phil Rushing

 

February 9, 2004

To:  All UPS Employee

Re:  Wage Progression Arbitration

We are pleased to announce that on January 7, 2004 Arbitrator Howard Edlelman ruled in favor of the Union in the wage progression grievance filed on behalf of all affected part-time utility and full-time package car drivers.  This was a major victory on behalf of Teamsters throughout the country.  The Arbitrator ruled that:

            1. The Company violated Article 41 Section 2 (c) of the National Master Agreement for the period of August 1, 2002 through July 31, 2008 when   it did not give effect to Supplemental Collective Bargaining Agreement provisions which give part-timers benefits towards a full-time progression.

               2. The Company shall restore full-time progression credits previously accrued to affected employees. 

              3The Company shall make affected employees   whole for lost wages.

As most members are aware, UPS took the position last year that part-time utility drivers who had already gone through the wage progression as a part-timer would now be required to go through the progression again as a full-time employee.  In November of 2002, the Company reduced the wage rates of affected employees and forced newly hired part-timers to go through the progression at a reduced rate of nearly $10 an hour less than full-time rate.  The Union filed a grievance disputing the Company’s position and was referred to arbitration. 

The ruling by Arbitrator Edleman was a historic decision and expected to cost the Company upwards of 50 million dollars.  It was confirmed last week that UPS intends to make all necessary wage adjustments and back-pay settlements effective February 14, 2004.  If there are any disputes to the amount you believe you were entitled to, please first contact the Company to request the adjustment, and if not settled in a timely matter, please file a grievance pursuant to Article 17 of the National Master and Article 7 Section 7 of the Nor Cal Supplemental.

 

I would like to thank all those affected members who patiently stood by and saw justice prevail in this case.  This settlement demonstrates the power of membership and the Union movement in general.   The victory is well deserved!

City of Tracy Members Ratify New Agreement

     Members employed by the City of Tracy overwhelmingly ratified a new four and one-half year agreement in January.  The new M.O.U. will provide the members at the City with increases in wages averaging over 3% per year, increases in their Health & Welfare cap, and will increase the PERS contribution to 2.5 % at 55 at the end of the agreement and single highest year effective next year.  

     Considering the current economic state of our general economy, California State Budget crisis, and the downturn in the stock market, the new agreement will add years of stability that otherwise might now be difficult to attain.  

    
General Teamsters Local 439 would like to extend their thanks and appreciation to the Negotiating Committee who diligently worked through many tough sessions to hammer out an agreement that addressed the numerous issues in the many different departments represented by Local 439.  

     Local 439 represents nearly 130 members at the City, from Waste Water Operators, to Police Communications Operators, Parks Department to Building Inspectors.  

     Again, many thanks to all of the members who participated and offered their insight in to what we believe to be a solid agreement that everyone benefits from.

Leprino Foods
Contract Ratified

Teamster members at Leprino Foods recently overwhelmingly ratified a new three-year agreement that will provide members with wage increases, benefit protection, pension increases, and many numerous language agreements that strengthen the previous agreement.

It came as no surprise that the Company wanted significant changes in the Health & Welfare benefits to employees.  Initial proposals by the Company would require employees to make a 25% contribution to the maintenance of their benefit.  After numerous bargaining sessions, the Union and Company agreed to a modest $50 per month contribution by the employees over the next three years, increasing to $60 per month at the end of the agreement.  In return, employees opted for Northern California General Teamsters Premier Plan.  

In addition to improvements in Health & Welfare, members won wage increases averaging 2.5% per year for the next three years.  Improvements in the special relief classification can increase their pay by $.75 per hour if they enroll in the new negotiated incentive program.

Given the difficulties in providing affordable health & welfare benefits, members at Leprino will enjoy three years of protection with the Company picking up 90% of all future increases to the cost of their plan.  I would like to thank the entire negotiating Committee for their help and hard work in securing this agreement.  And finally, I would like to thank the membership who ratified this agreement and  educated themselves on the very difficult issues facing both the membership and the Company.

  

Noll Mfg.
Ratifies New Agreement

Members at Noll Mfg. recently ratified a new two-year agreement that provides wage and pension increases of nearly 3% per year. 

Although we were disappointed that the Company gave notice to the Union that they had been overpaying the Health & Welfare premium over the last 5 years, Business Agent Phil Rushing, with the help of Shop Steward Tim Fleming, forced the Company to come up with an overall package that protected our members benefits. 

Noll Mfg. is a manufacturer of sheet metal products distributed throughout California and Nevada.  Teamsters Local 439 represents eight drivers who deliver everything from rain gutters to garbage cans.