Ex LA Mayor Antonio Villaraigosa with his wife Patricia Govea, accompanied by Teamsters Local Union 396 Secretary-Treasurer & Western Region International Vice President Ron Herrera and Secretary-Treasurer of Local Union 952 Patrick D. Kelly at Union Station Birthday Celebration
TO ALL TEAMSTERS LOCAL 952
Orange County Transportation Authority
February 8, 2018
The links below, you will find copies of executed (signed) tentative agreements, some unexecuted (unsigned) letters of agreement as well as Last, Best and Final offers with respect to Article 2, 8, 11, 20, 30, 38, 39 & 40. At this time we do not have a comprehensive Last, Best and Final offer from the Authority. At this time although there is a significant improvement in wages as part of their offer, there is a lack of information available with respect to the healthcare costs, i.e. 5%, 7% or 10% of what number? There is also no executed letter of agreement prohibiting an increase in subcontracting. Once we get a comprehensive offer we will schedule informational meetings and conduct balloting on the offer.
We urge you to thoroughly review the enclosed documents and if you have any questions, contact your union steward or your Business Representative Almeta Carter at 714-740-6235.
Also enclosed is a summary (8 page document) of benefits and coverage for Kaiser Permanente services as it is currently provided through the Labor Alliance Managed Trust Fund.
Thank you for your support of the Teamsters Union.
SACRAMENTO – Governor Edmund G. Brown Jr. today announced the following appointments:
Bertheria Grady, 55, of El Dorado Hills, has been appointed chief deputy director of the California Office of Tax Appeals. Grady has served as director of the filing compliance bureau at the California Franchise Tax Board since 2011, where she has served in several positions since 2001, including director of the enterprise data management bureau, director of the audit administration and technology support bureau, director of the internal web and administrative systems bureau and director of the audit and filing compliance systems bureau. This position does not require Senate confirmation and the compensation is $179,076. Grady is a Democrat.
Jason Lopez, 47, of Sacramento, has been appointed director at the California Department of Corrections and Rehabilitation Division of Administrative Services. Lopez has been deputy director, fiscal services at the California Department of Corrections and Rehabilitation since 2014, where he was associate director of the budget management branch from 2011 to 2014. Lopez was deputy director, fiscal and operations at the Yolo County Health Department in 2011 and held several positions at the California Rural Indian Health Board from 2001 to 2011, including chief financial officer, director of financial administration and assistant director of financial administration. Lopez was an auditor-appraiser at the Yolo County Assessor’s Office from 1996 to 2001 and held several positions at the California Franchise Tax Board from 1995 to 1996, including seasonal clerk and student assistant. This position requires Senate confirmation and the compensation is $160,764. Lopez is a Democrat.
Jennifer Osborn, 49, of Sacramento, has been appointed director of fiscal and business services at the California Department of Corrections and Rehabilitation. Osborn has been deputy secretary of fiscal policy and administration at the California Government Operations Agency since 2013. She was deputy secretary of fiscal operations at the California State and Consumer Services Agency from 2012 to 2013 and principal program budget analyst at the California Department of Finance from 1998 to 2011. This position will require Senate confirmation and the compensation is $160,764. Osborn is a Democrat.
Ditas Katague, 52, of Sacramento, has been appointed director for the Complete Count Census. Katague has been California census coordinator at the California Department of Finance since 2017 and national chair of the U.S. Census Bureau, National Advisory Committee on Racial, Ethnic and Other Populations since 2012. She was chief of staff to commissioner Cathy Sandoval at the California Public Utilities Commission from 2011 to 2017, chief deputy commissioner at the California Department of Corporations from 2010 to 2011 and director for census 2010 at the Governor’s Office of Planning and Research from 2008 to 2010. Katague was first vice president of public affairs at Countrywide/Bank of America from 2005 to 2008, program director at the California Telemedicine and eHealth Center from 2004 to 2005 and assistant secretary for transportation at the California Business, Transportation and Housing Agency from 2000 to 2003. She was chief deputy director of census 2000 for the California Complete Count Committee from 1999 to 2000. This position does not require Senate confirmation and the compensation is $135,408. Katague is a Democrat.
Adelina Zendejas, 58, of Sacramento, has been appointed deputy director for the Complete Count Census. Zendejas has been deputy director of the Broadband and Digital Literacy Office at the California Department of Technology since 2012. She was a data processing manager III at the State Board of Equalization from 2004 to 2012, a chief information officer at the Victim Compensation Board from 2002 to 2004 and a data processing manager II at the Department of Finance in 2002. Zendejas held several positions at the Department of Technology from 1997 to 2002 including, senior information systems analyst, data processing manager II, deputy director and special assistant to the director. She was a staff information systems analyst at the Health and Human Services Agency Data Center in 1997, where she was an associate information systems analyst from 1992 to 1997, and was a staff information systems analyst for the Department of Social Services from 1987 to 1992. This position does not require Senate confirmation and the compensation is $133,248. Zendejas is a Democrat.
Darius W. Anderson, 53, of Sonoma, has been appointed to the California Community Colleges Board of Governors. Anderson has been chief executive officer and founder at Kenwood Investments since 2000 and at Platinum Advisors since 1998. He was chief of staff at Yucaipa Companies LLC and vice president of external affairs at Ralphs Grocery Stores Inc. from 1993 to 1998. This position requires Senate confirmation and the compensation is $100 per diem. Anderson is a Democrat.
Arthur Krantz, 47, of Berkeley, has been appointed to the California Public Employment Relations Board. Krantz has been a partner at Leonard Carder LLP since 2002, where he was an associate from 1996 to 2002. He was a practitioner advisor for the University of California, Berkeley School of Law in 2017, where he was a lecturer in 2016. Krantz served as a judicial law clerk for the Honorable Ellen Bree Burns at the U.S. District Court, District of Connecticut from 1995 to 1996. He is a co-editor-in-chief of California Public Sector Labor Relations and an executive committee member of the California Lawyers Association, Labor and Employment Law Section. Krantz has served as a pro bono attorney for the Centro Legal de La Raza Asylum Project since 2014. He earned a Juris Doctor degree from the New York University School of Law. This position requires Senate confirmation and the compensation is $147,778. Krantz is a Democrat.
Erich W. Shiners, 48, of Galt, has been appointed to the California Public Employment Relations Board, where he was a legal advisor from 2008 to 2011. Shiners has been senior counsel at Liebert Cassidy Whitmore since 2017. He was a partner at Renne Sloan Holtzman Sakai LLP from 2015 to 2017, where he was senior counsel from 2013 to 2015 and an associate from 2011 to 2013 and from 2006 to 2008. Shiners was a law clerk at Weinberg, Roger and Rosenfeld in 2006 and a judicial extern for the Honorable M.Kathleen Butz at the Third District Court of Appeal in 2005. He was a summer law clerk at the National Labor Relations Board in 2005 and at the California Agricultural Labor Relations Board in 2004. Shiners is a member of the California Lawyers Association, Sacramento County Bar Association and the American Bar Association. He earned a Juris Doctor degree from the University of the Pacific, McGeorge School of Law. This position requires Senate confirmation and the compensation is $147,778. Shiners is registered Green Party.
Priscilla S. Winslow, 65, of Berkeley, has been reappointed to the California Public Employment Relations Board, where she has served since 2013 and served as legal advisor from 2012 to 2013 and from 1979 to 1983. Winslow served as assistant chief counsel for the California Teachers Association from 1996 to 2012, where she was a staff attorney from 1983 to 1984. She was managing partner at the Law Offices of Priscilla S. Winslow from 1986 to 1996 and an adjunct professor at the New College of California School of Law from 1984 to 1993. Winslow was an associate at Boltuch and Siegel from1984 to 1986. She is member of the American Constitution Society. Winslow earned a Juris Doctor degree from the University of California, Davis School of Law. This position requires Senate confirmation and the compensation is $147,778. Winslow is a Democrat.
Cathryn I. Rivera-Hernandez, 47, of Sacramento, has been reappointed to the California Agricultural Labor Relations Board, where she has served since 2002. Rivera-Hernandez served as chief deputy cabinet secretary in the Office of the Governor from 1999 to 2002. She was a new voter registration and event coordinator for Governor Gray Davis’ gubernatorial campaign in 1998. She is a mentor at the Florin High School Law Academy and a member of the Cruz Reynoso Bar Association and the Planned Parenthood Mar Monte Board of Directors, where she served as chair from 2015 to 2017. Rivera-Hernandez earned a Juris Doctor degree from the University of California, Berkeley School of Law. This position requires Senate confirmation and the compensation is $147,778. Rivera-Hernandez is a Democrat.
Steven Morrow, 83, of Yucaipa, has been reappointed to the Dental Board of California, where he has served since 2010. Morrow has been associate dean for advanced dental education at the Loma Linda University School of Dentistry since 2014, where he has held several positions since 1980, including professor of endodontics and director of patient care services and clinical quality assurance. He was a dentist and endodontist in private practice from 1963 to 2005 and served as a lieutenant in the U.S. Navy Dental Corps, Active Reserves from 1962 to 1968 and lieutenant on active duty in the U.S. Navy Dental Corps from 1960 to 1962. Morrow earned a Doctor of Dental Surgery degree from the Loma Linda University School of Dentistry and a Master of Science degree in microbiology from Loma Linda University. This position does not require Senate confirmation and the compensation is $100 per diem. Morrow is a Democrat.
Larry Sheingold, 71, of Sacramento, has been appointed to the California State Mining and Geology Board. Sheingold was owner and sole proprietor at Sheingold Associates from 1989 to 2018. He served as legislative staff in the Office of California State Senator Don Perata from 2005 to 2007, in the Office of California State Senator Betty Karnette from 2002 to 2005, in the Office of California State Senator Jim Costa from 1996 to 2002 and in the Office of California State Senator Henry Mello from 1980 to 1996. Sheingold served on the State Bar Examining Committee from 2008 to 2017. This position requires Senate confirmation and the compensation is $100 per diem. Sheingold is a Democrat.
John Capitman, 63, of Tollhouse, has been reappointed to the San Joaquin Valley Unified Air Pollution Control District Governing Board, where he has served since 2014. Capitman has served in several positions at Fresno State University since 2005, including Nickerson distinguished professor in health policy and executive director of the Central Valley Health Policy Institute. He held several positions at Brandeis University from 1987 to 2004, including professor and director of long-term care studies at the Schneider Institutes for Health Policy. He held several positions at Virginia Commonwealth University from 1983 to 1987, including health policy analyst for the Virginia Center on Aging and assistant professor in the Department of Health Administration and the Department of Gerontology. He was a principal investigator at Berkeley Planning Associates and an evaluation research consultant at the California Department of Health Services, Office of Long-Term Care and Aging from 1980 to 1983. Capitman was a teaching assistant at the Duke University Department of Psychology and Institute of Policy Sciences and Public Affairs from 1978 to 1980 and research director at the Center for Research in Social Dynamics from 1977 to 1979. He is co-founder and Board of Directors member at VISIONS Inc. Capitman earned a Doctor of Philosophy degree in psychology from Duke University. This position requires Senate confirmation and there is no compensation. Capitman is a Democrat.
Tian Feng, 59, of Walnut Creek, has been reappointed to the California Architects Board, where he has served since 2014. Feng has been district architect at the San Francisco Bay Area Rapid Transit District since 2001. He was senior architect at LCA Architects from 2000 to 2001, an architect at JKA Construction Consultants from 1997 to 2000 and at Jacobs Engineering-Sverdrup Corporation from 1994 to 1997. He was project manager at Sue Associates Architecture from 1989 to 1994, architectural designer at Fong and Chan Architects from 1988 to 1989 and a teaching and research assistant at the University of Southern California School of Architecture from 1985 to 1988. Feng is a fellow at the American Institute of Architects and at the Construction Specifications Institute. He earned a Master of Building Science degree in architecture from the University of Southern California. This position does not require Senate confirmation and the compensation is $100 per diem. Feng is a Democrat.
Mark Nunez, 52, of Burbank, has been reappointed to the California Veterinary Medical Board, where he has served since 2013. Nunez has been medical director at the Veterinary Centers of America (VCA) Miller-Robertson Animal Hospital since 2018. He was associate veterinarian at the Veterinary Care Center from 2012 to 2017, practice owner and veterinarian at Animal Medical Center Inc., Van Nuys from 2006 to 2012, medical director and veterinarian at VCA Animal Hospital, Burbank from 2002 to 2005 and VCA regional medical director from 1999 to 2001. Nunez was associate veterinarian at the Animal Medical Center Inc.,Van Nuys from 1994 to 1999 and at Dill Veterinary Hospital from 1993 to 1994. He is a member of the American Veterinary Medical Association, California Veterinary Medical Association, Southern California Veterinary Medical Association and the American Animal Hospital Association. Nunez earned a Doctor of Veterinary Medicine degree from the University of California, Davis. This position does not require Senate confirmation and the compensation is $100 per diem. Nunez is a Democrat.
Deborah Bedwell, 65, of Granite Bay, has been reappointed to the 20th District Agricultural Association, Gold Country Fair Board of Directors, where she has served since 2014. Bedwell was senior vice president and market manager at JP Morgan of Northern California from 2008 to 2011. She was senior vice president and division executive for Utah, Colorado and California at Washington Mutual from 1998 to 2008. Bedwell is president of the Friends of the Granite Bay Library Board and a past president of Soroptimist International of South Placer. She is a member of the Children’s Tumor Foundation Endurance Team. This position does not require Senate confirmation and there is no compensation. Bedwell is registered without party preference.
Michael Carson, 57, of Newcastle, has been reappointed to the 20th District Agricultural Association, Gold Country Fair Board of Directors, where he has served since 2017. Carson has been an owner and operator at Gold Hill Gardens, B&B Inn and Event Center since 2013 and owner and consulting engineer at Michael Carson Development Incorporated since 2007. He was a project manager at JTS Communities Incorporated from 2000 to 2007. Carson is a member of the Gold Country Fair Heritage Foundation, Leadership Auburn Board of Regents, Auburn Chamber of Commerce and the Newcastle Community Association. This position does not require Senate confirmation and there is no compensation. Carson is a Republican.
David Ebbert, 48, of Auburn, has been appointed to the 20th District Agricultural Association, Gold Country Fair Board of Directors. Ebbert has been an electric distribution supervisor at the Pacific Gas and Electric Company since 2010. He is a member of the Gold Country Fair Junior Livestock Auction Committee and the Gold Country Fair Heritage Foundation. This position does not require Senate confirmation and there is no compensation. Ebbert is a Republican.
Samia Macon, 50, of Auburn, has been appointed to the 20th District Agricultural Association, Gold Country Fair Board of Directors. Macon has been a self-employed large animal veterinarian since 2004. She earned a Doctor of Veterinary Medicine degree from the University of California, Davis. This position does not require Senate confirmation and there is no compensation. Macon is a Democrat.
Anthony “Ray” Smith, 30, of Auburn, has been reappointed to the 20th District Agricultural Association, Gold Country Fair Board of Directors, where he has served since 2016. Smith has been a groundskeeper at Mike Carson Development since 2014. He was a pastry chef at the Winchester Country Club in 2014 and a shop manager at Royce Air from 2011 to 2013. He is a member of Leadership Auburn. This position does not require Senate confirmation and there is no compensation. Smith is a Republican.
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---- NOES 186 ---
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LA City Attorney Files Lawsuits Against Three Port Trucking Companies for Misclassification of Truck Drivers
Los Angeles, CA – Today, Los Angeles City Attorney Mike Feuer filed lawsuits against three leading port trucking companies, all owned by NFI Industries, which purchased the conglomerate from the Bob Curry family (California Cartage) in 2017. In the suits, City Attorney Feuer alleges that the companies intentionally misclassified hundreds of truckers as independent contractors, rather than employees, to avoid providing benefits and paying applicable taxes.
Click here to download the complaints (scroll to bottom of press release).
“The Teamsters applaud Los Angeles City Attorney Mike Feuer for taking aggressive action against these market leading companies – K&R Transportation, CMI, and California Cartage Express – which continue to violate the law even after determinations by the California Labor Commissioner that they are openly violating the law. We hope this will send a strong message that not only these companies, but the entire port trucking industry must stop breaking labor laws. Thousands of drivers at many of LA’s port trucking companies have filed private lawsuits and wage and hour claims alleging illegal misclassification; and drivers have gone on strike 15 times to demand change. And every government agency that has conducted an investigation has determined that port trucking companies are violating the law. Yet, despite the legal evidence, LA Port officials have effectively sanctioned their behavior by allowing them to continue to conduct business on public property. This must end,” said Fred Potter, Vice President, International Brotherhood of Teamsters and Director of the Teamsters’ Port Division.
“With these lawsuits, Los Angeles City Attorney Mike Feuer has made it clear that if you break the law by misclassifying drivers as “independent contractors” at LA’s port then there will be consequences. Unfettered lawbreaking unfairly undercuts the companies that are following the law,” said Eric Tate, Secretary-Treasurer, Teamsters local 848, which represents more than 500 port truck drivers at America’s largest port complex.
“After years of telling the leaders of Los Angeles’ Port that these companies are blatantly breaking the law on public property – with no action – we are pleased to see LA’s City Attorney file lawsuits against these companies to demand an end to misclassification and wage theft that hurts our families,” Gustavo Villa, misclassified driver, California Cartage Express.
NFI/California Cartage, based in Wilmington, CA, is one of the largest goods movement companies in America, with warehouses and port trucking operations across the U.S. Referred to herein as “NFI/Cal Cartage,” this family of companies was recently acquired by the New Jersey-based National Freight Industries (NFI). Previous to this acquisition, Cal Cartage was owned and managed by Robert Curry, Sr. and his family. NFI/Cal Cartage represents the largest trucking operation at the Ports of Los Angeles and Long Beach by a wide margin.
Cal Cartage Port Trucking Operations
The NFI/Cal Cartage family of companies includes five major trucking operations at the Ports of LA and Long Beach. The four largest - K&R Transportation, California Cartage Express, ContainerFreight EIT and California Multimodal LLC (CMI) – have been facing multiple claims in the courts and government agencies for misclassifying their drivers. In several instances, agencies have already determined that drivers were, in fact, employees. K&R and California Cartage Express operate out of the same property as the Cal Cartage warehouse (described in the following section), CMI operates out of a nearby Wilmington yard, and ContainerFreight operates out of a yard in Long Beach. Combined, more than 600 alleged misclassified drivers work for these companies.
Agency Investigations and Determinations:
California Labor Commissioner:
Over the past two years, there have been at least 12 decisions issued by the California Labor Commissioner in individual claims filed by NFI/Cal Cartage drivers working for K&R Transportation, Cal Cartage Express, ContainerFreight, and CMI. All of these claims found that the drivers were, in fact, employees, and not independent contractors. Together, those decisions ordered NFI/Cal Cartage to pay those 12 drivers a total of $1,419,102.62 for Labor Code violations including unlawful deductions and unreimbursed expenses. NFI/Cal Cartage has appealed nine of these cases, settling eight of them, while one remains pending in Superior Court. For the other three cases, it is as yet unknown if NFI/Cal Cartage will appeal the decisions as it is within the appeal time frame.
here have been an additional 30 Labor Commissioner claims that drivers have filed against NFI/Cal Cartage, all of which appear to be pending (of these, 15 were filed by K&R drivers and 15 by CMI drivers). 10 of the K&R drivers had their hearings in December 2017. The total liability for those 30 claims is $5,620,338.16.
California Employment Development Department (EDD)
At least four K&R drivers have been determined to have been employees – not independent contractors – by the California EDD in individual benefits determinations.
In June and September of 2017, the California EDD filed at least two tax liens against K&R Transportation.
Los Angeles City Attorney
On January 8, 2018, Los Angeles City Attorney Mike Feuer announced that his office had filed lawsuits against Cal Cartage Express, CMI, and K&R Transportation for violation of Unfair Competition Law by misclassifying port truck drivers as independent contractors and evade paying taxes and providing benefits to drivers.
In recent years, NFI/Cal Cartage has faced four class action lawsuits in California Superior Court for multiple Labor Code violations, including willful misclassification, unlawful deductions, unreimbursed expenses, unpaid minimum wages, and failure to provide meal and rest breaks, along with violation of California’s Unfair Competition Law. In December 2017, the last pending case settled for $3.5 million and a motion for final approval is scheduled for April 2018.The company recently settled three similar suits.
NFI/Cal Cartage also recently settled two “mass action” lawsuits for misclassification and wage theft in CA Superior Court involving 55 drivers.
Cal Cartage Warehouse
Cal Cartage Container Freight Station in Wilmington is a warehouse and freight center on Port of LA property and employs approximately 500 workers, with 80 percent of the workforce being employed through a temp agency. While Cal Cartage warehouse workers used to have good paying jobs that provided benefits, they have not had representation from a union in over 30 years and conditions have suffered. Workers are now paid the state minimum wage with little or no benefits (even though they are entitled to a higher wage under the Los Angeles Living Wage Ordinance), and work in health and safety conditions that are deplorable. The company has been cited for serious health and safety violations twice in the past three years, and workers face serious retaliation resulting in unfair labor practices charges and five strikes.
Health & Safety:
The warehouse facility has health and safety issues. The building was built in the 1940s and is poorly maintained. Several workers have been hurt just trying to walk around the facility due to potholes and poor infrastructure. The machines, including forklifts, are not maintained and often have faulty brakes and horns—leading to accidents. Workers filed a formal complaint with Cal/OSHA in June 2015, triggering an investigation at the facility. In November 2015, over $21,000 in citations were issued—4 serious and 6 general penalties. It was noted in these citations that the chipped paint at this facility contains lead.
Cal/OSHA reinvestigated the facility a year later, resulting in additional serious citations in November 2016 amounting $67,150 for the warehouse and $51,275 for the staffing agency. Citations included not providing workers with steel toed boots, not properly attaching shipping containers to the dock, and repeat violations for unsafe brakes on forklifts. The investigation regarding the company’s abatement of these citations is still active.
National Labor Relations Board:
On June 12, 2017, a trial began at the National Labor Relations Board (NLRB)’s Region 21 on several Unfair Labor Practice Charges (ULPs), summarized below:
Region 21 found merit to Unfair Labor Practice charges filed in September and October 2015 and issued a complaint and notice of hearing on March 21, 2016.
The NLRB began its investigation in September 2015, when the Warehouse Worker Resource Center (WWRC) filed an unfair labor practice (ULP) charge with the NLRB, alleging that California Cartage had interfered with workers' concerted and protected activities by threatening supporters with discharge and attempting to initiate a physical altercation with a worker due to a worker delegation.
The NLRB continued their investigation in October 2015 when new ULPs were filed alleging that California Cartage had interfered with workers' concerted and protected activities. The company instituted unlawful workplace rules to limit workers’ ability to petition and delegate management.
In April 2016, WWRC filed charges alleging that California Cartage and Associated Management Resources, Inc. (AMR staff agency) interfered with workers' protected activities by threatening and interrogating supporters with termination. Additionally, the charges alleged that Cal Cartage violated federal labor laws by retaliating against a supporter by discharging Manuel Reyes for his protected concerted activities.
Additionally, in 2016, the Teamsters filed ULP charges against California Cartage for several unfair labor practices including the Company Owner Bob Curry threatening to close the warehouse if workers unionized. These charges are pending.
On December 17, 2014, workers from the California Cartage warehouse on Pacific Coast Highway at the Port of Los Angeles filed a class action lawsuit alleging millions of dollars in wage theft. The workers, many of whom are paid the state minimum wage and have worked through a staffing agency for years, are entitled to the benefits of the Los Angeles Living Wage Ordinance because the warehouse where they work is operated on City of Los Angeles property. Despite this, the workers at the warehouse have not been paid the applicable living wage rate in the 18 years since the ordinance passed.
Under the City of Los Angeles Living Wage Ordinance, Cal Cartage is currently required to provide each worker with either $12.52 per hour for an all-cash wage or $11.27 per hour plus $1.25 per hour in health benefits and as of July 1, 2017, it will go up to be $12.73 all-cash wage or $11.48 plus $1.25 in health benefits. Further, each worker is entitled to 12 paid days off per year. The law extends the obligation to any staffing agencies that are contracted by Cal Cartage and that directly employ more than 50 percent of the workers in the warehouse facility.
The case is currently in mediation proceedings.
NFI/Cal Cartage’s key customers include: Lowe’s, Amazon, TJ Maxx, Home Depot, Kmart, and Sears, as well as the U.S. Department of Defense.
Drivers at XPO in Albany, New York Seek Teamster Representation
John BulgaroEmail: Phone: (518) 489-5436
(WASHINGTON) – Drivers at XPO Logistics in Albany, N.Y. filed for Teamster representation today with Local 294, the latest action by workers across the U.S. who are banding together to fight for fair treatment at one of the largest transportation and logistics companies in the world.
The 34 drivers at the former Con-way Freight are planning to join XPO freight workers in Laredo, Texas; Vernon, Calif.; Miami, Florida; Aurora, Ill.; King of Prussia, Pa., and Trenton, N.J. and warehouse workers in North Haven, Conn. who have already joined the Teamsters.
“Like the XPO workers in other locations, the Albany drivers are fed up with higher health care costs and reduced coverage and no voice on the job,” said Ernie Soehl, Director of the Teamsters National Freight Division. “Workers around the country are fighting back and we will fight alongside them in their campaign.”
“The XPO workers in Albany reached out to us because they are tired of having no say on the job,” said John Bulgaro, President of Local 294 in Albany. “We look forward to helping these workers form their union and then negotiate a first contract that improves their livelihoods.”
Port, freight and warehouse workers at XPO are coming together across the country in their fight for a more secure future.
Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico. Visit www.teamster.org for more information. Follow us on Twitter @Teamsters and “like” us on Facebook at www.facebook.com/teamsters.
House and Senate Republicans have released a final plan to resolve the differences between their tax overhaul bills. The legislation would cut taxes for corporations. American taxpayers, in large part, would also get cuts, though most of the changes affecting taxpayers would expire after 2025.
After our reported loss to Debbie Wasserman Schultz in last year’s primary, I heard from many of you – and from election experts – expressing concerns about the integrity of the ballot count.
We heeded your call and put in a public records request to inspect the ballots in a dozen precincts. Unfortunately, the Broward County Supervisor of Elections stonewalled us for months and I filed a lawsuit against the Supervisor this past June under Florida’s public records law.
What our lawsuit has uncovered so far is both incredible and disturbing. Please excuse the length of this email, but we would like to bring you up to speed about these late breaking developments.
What our Lawsuit Has Revealed
Our efforts to inspect the ballots were spearheaded by Lulu Friesdat, an award-winning journalist and election integrity expert. We initially requested to inspect both the paper ballots and digital scanned images. Last November 2016, the Supervisor informed us they did not conduct any digital scanned ballot images in our race. This seemed very strange to us since the paper ballots are passed through scanning machines at the time of the initial vote count.
Undeterred, we sought to inspect the paper ballots in a dozen precincts. Just weeks ago, in early November 2017, the Supervisor said we could inspect only the digital scanned ballot images -- the scanned images that we had been told a year earlier did not even exist!
Then we learned very recently that the Supervisor ordered our ballots destroyed this past September, in violation of federal requirements that the ballots be maintained for 22 months. POLITICO published a well-researched article today, “Experts: Broward’s elections chief broke law in destroying ballots,” reporting the conclusions of seven election-law experts that the Supervisor early that a single violation is a felony punishable by up to a year in prison.
Destruction of ballots prevents any reliable audit of the election results. We are left dependent on scanned ballot images created and sorted by scanning software that requires inspection by software experts. But the scanning software is considered proprietary software, owned and controlled by the private vendors, and often protected from independent inspection and analysis.
In ordering the destruction of ballots, the Supervisor also certified that the ballots were not subject to a pending lawsuit, which she knew was a complete falsehood given that she had been personally served as the defendant in our lawsuit nearly three months earlier, and even though we had already made public records requests and pre-trial discovery demands to inspect the ballots.
The ballot destruction raises serious questions: Why engage in this blatant lawbreaking? To cover up something worse? What has the Supervisor of Elections been hiding?
What Can Now Be Done
This destruction of ballots undermines people's faith and confidence in the integrity of our elections and this election in particular.
We are calling for state and federal investigations into the ballot destruction and prosecution of illegal wrongdoing. We are also calling for Florida’s governor to replace the Broward Supervisor of Elections and her directors and top staff. This was done several years ago, when then Governor Jeb Bush replaced Broward’s previous Supervisor of Elections.
Moreover, Congress must hold public hearings on the circumstances of my primary, including inspection and analysis of the scanned ballot images and the scanning software. Congress must investigate the relationships between the vendors that control the electronic voting machines and software, their officers and directors, the Broward Supervisor of Elections office, Democratic party officials, and candidates for public office, including Debbie Wasserman Schultz, her staff and consultants.
What You Can Do to Help Us Prevent Rigging in Our Next Election
We are determined to prevent any rigging in next year’s election against Debbie Wasserman Schultz. The Broward Supervisor of Elections is now on notice that we are prepared to challenge election results and sue for a recount next time around, whether it’s reported that we lose by one vote or ten thousand votes.
We are also working with Democracy Counts, a nonprofit tech company that has developed a real-time election audit system, on plans to conduct an audit of our election next year. We will be using trained volunteers and state-of-the-art technology to conduct an exit-vote that provides a parallel accounting of polling place results. Democracy Counts will analyze the data and report on it soon after the polls close. If votes are stolen or suppressed, their audit system will provide evidence of those crimes and of whether they would have affected the results.
All of this will cost money to conduct the Democracy Counts audit and to be prepared to sue the Supervisor of Elections, if need be.
PORT OF CHARLESTON DRIVERS VOTE TO JOIN TEAMSTERS LOCAL 509
Drivers Seek Living Wages, Fair Treatment on the Job
(NORTH CHARLESTON, S.C.) – In a national move to modernize the port trucking industry to respect the rights of drivers and stabilize their families’ income, drivers at a South Carolina port drayage company have voted to join Teamsters Local 509.
The 53 drivers at Container Maintenance Corporation (CMC) Logistics transport shipping containers between the Port of Charleston and a railyard in North Charleston.
“Local 509 believes this victory is a monumental win because it will pave the way for many others at the Charleston ports,” said James Todd, Local 509 President. “We want to thank everyone for the hard work and dedication to make this campaign successful.”
“This is a victory for all port drivers who are fighting for justice. Despite the company’s vicious anti-worker campaign, these drivers remained strong and united in their fight to win decent, living wages and fair treatment,” said Fred Potter, Director of the Teamsters Port Division. “The Port Division worked hand in hand with Local 509 on this victory and stands ready to help negotiate a strong first contract to improve these workers’ lives.”
“We’re all happy because we know we will have a strong voice at work as Teamsters,” said Antoin Jenkins, who has worked at CMC since 2015. “With a strong voice, we can improve things at work. It’s very exciting to be a Teamster.”
“The final straw that led us to unite as Teamsters was in August when the company changed our pay from hourly to ‘production,’ and then cut our pay. I applied for a home loan and when the underwriter called the company to verify my income, the company told them I’m ‘just a production worker’ with no verifiable income so I was rejected. Now as Teamsters, we can negotiate a pay and benefits package that works for families like mine,” said Reggie McQueen, who has worked at CMC since 2015.
Port drivers across America – both those misclassified as independent contractors and employee drivers who are being driven into despair by low wages and unpredictable income – are fighting back against a system that is rigged by America’s largest corporations. The system creates wealth for the CEOs at the expense of working men and women like the drivers who haul cargo from America’s seaports.
The Port of Charleston drivers’ victory is the fourth recent win for workers at intermodal companies. On December 1, 133 workers at ITS ConGlobal in Harvey, Ill., voted to join Teamsters Local 710 in the Chicago area. In November 2016, 777 workers at Parsec, Inc. in Commerce, Calif., voted to join Teamsters Local 986 and this past July, 507 workers at Parsec in Elwood, Ill. voted to join Teamsters Local 179.
Pressure grows on U.S. ports to fix rigged drayage industry
The Los Angeles City Council is preparing to demand the Port of Los Angeles and other City agencies investigate and report on actions to fix labor problems in the drayage and warehouse industries on port property.
At a Special Meeting of the Trade, Travel, and Tourism Committee on November 28, 2017, Los Angeles City Councilmembers Joe Buscaino (CD 15) and Mike Bonin (CD 11) heard first hand accounts from port drivers and warehouse workers who handle cargo from the Ports of Los Angeles and Long Beach describing unacceptable conditions and treatment.
Reacting to testimony presented at the hearing, the Committee Chair, Councilmember Buscaino, whose district includes the Port of Los Angeles, said, "It is not acceptable for companies to be profiting off people who are being exploited on public property. We are going to do everything we can to help."
Another Committee member, Councilmember Mike Bonin lamented, "I remain haunted by the first gentleman who spoke tonight. The stories we've heard are moving and appalling and disgusting. This is modern day sharecropping. It is incumbent on us to do whatever we can to try to fix this."
This hearing was scheduled after Los Angeles City Councilmembers Joe Buscaino and Bob Blumenfield (CD 3) introduced a motion in October that seeks to ensure that "all workers that contribute to the operations at the Port of Los Angeles be afforded a safe work environment, fair wages, and guaranteed rights and benefits."
Importantly, the motion develops strategies on the feasibility of denying access to companies that are in violation of local, state, and federal laws, including labor and employments laws..." The motion was passed by the Economic Development Committee and Trade, Travel, and Tourism Committee on November 28, and is expected to be passed by the entire Los Angeles City Council before the end of the year.
Meanwhile, Phil Murphy, New Jersey's new governor, has pledged to appoint "a labor commissioner, attorney general and treasurer" who would be "cracking down on 1099 fraud, and either bringing people into compliance, or putting them out of business," especially when it comes to drayage companies at the Port of New Jersey.
As we previously reported on, these actions follow introduction of federal legislation that also highlights the role and responsibility ports have in addressing drayage driver working conditions. Last month, U.S. Representatives Napolitano (D-CA-32) and Nadler (D-NY-10) introduced the Port Drivers Bill of Rights Act (H.R. 4144) and the Clean Ports Act of 2017 (H.R. 4147), a pair of bills that put ports in the crosshairs for fixing drayage driver labor problems. The bills' co-sponsors include Representatives DeFazio (D-OR-4), Lowenthal (D-CA-47), Barragan (D-CA-44), Huffman (D-CA-2), Johnson (D-GA-4), Takano (D-CA-41), and Norton (D-DC-At Large).
Port Innovations is a project of the Los Angeles Alliance for a New Economy's (LAANE) Project for Clean and Safe Ports. LAANE has been working for over seven years to bring community, labor and environmental stakeholders together for a better harbor region.
LAANE is dedicated to supporting the establishment and maintenance of a clean truck fleet at the Ports of Los Angeles and Long Beach, and to support fair working conditions for port truck drivers.
SUPPLEMENTAL PENSION & SUPPLEMENTAL DEATH BENEFITS Toll-free: (877) 214-8928
To schedule an appointment with the Pension (ONLY) field representative from the Western Conference of Teamsters Pension Trust please call Local 952 at (714) 740-6200. A pension representative comes to Local 952 every Thursday of the month from 9:00am to 4:00pm. If you wish to contact the pension department directly, please call one of the above numbers or visit www.nwadmin.com.