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Steven
S. Mazza
President, B.A.
Eugene A.
DeLorme
Vice-President, B.A.
Christopher P. Toole
Secretary-Treasurer, B.A.
Ronald D.
Hill
Recording Secretary, B.A.
Paul A.
Markwitz
Trustee, B.A.
David W.
Weilert
Trustee
Richard
T. Militello
Trustee
Kevin M.
McIntosh
Business Agent
John C.
Emrich
Business Agent
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Organizing
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Stay tuned for more organizing drives in Rochester, NY with
Local 118. With the creation of the "Coalition for Change",
the Teamsters have never been in a better position to
organize. |
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Weingarten Rights
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Welcoming New Members
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ORGANIZING
THE LAW AND YOU
THE US GOVERNMENT STANDS BEHIND YOU!
It is hereby declared to be the policy of the
United States to eliminate the causes of certain
substantial obstructions to the free flow of
commerce . . . by protecting the exercise by
workers of full freedom of association,
self-organization, and designation of
representatives of their own choosing, for the
purpose of negotiating the terms and conditions
of their employment or other mutual aid or
protection.
"Employees shall have the right to
self-organization, to form, join, or assist
labor organizations, to bargain collectively
through representatives of their own choosing,
and to engage in other concerted activities for
the purpose of collective bargaining or other
mutual aid or protection."
The language above is quoted from the National
Labor Relations Act, as amended. The United
States Congress passed this law to protect you.
The purpose of this booklet is to acquaint you
with your rights under that law as determined by
the Supreme Court, the Federal Courts and the
National Labor Relations Board. Read it
carefully. You will find that your are protected
in many ways when you join the Teamsters. It
will explain why your employer violates the law
if he should fire you, discipline you, or
threaten you in any way because you want to
join. You enjoy these rights as a citizen. But,
as a member of the Teamsters you have the
strongest Union in the USA to help you enforce
these rights.
DISCHARGE AND DISCIPLINE
The law protects you from discharge or
discipline because of your interest in the
Teamsters. Section 8 (a) (3) of the Act makes it
unlawful for your employer to discriminate
against you in regard to tenure or any
other condition of employment in order to
discourage your interest in the Teamsters.
If your employer takes away your seniority, lays
you off, reduces your wages, or discriminate
against you in any other way because of your
union activities, the law will protect you. It
will require him to restore your position and
make him pay you for any damages, including lost
wages, which you suffered. If an employee is
fired because of his interest in or activities
on behalf of the Teamsters, the law will make
the employer reinstate him with all rights and
with full back pay. Every year the National
Labor Board orders employers to pay millions of
dollars in back pay.
Furthermore, your employer can't tell you that
he won't abide the order of the Labor Board.
The Federal Courts enforce these orders of the
Board for you. The courts have held
employers in contempt of court for refusing to
comply with these orders. In one case,
rather than just fining the employer for such
refusal, the court put the president of the
company in jail until he complied.
THREATS - PROMISES - COERCION
Section (8) (a) (1) of the National Labor
Relations Act provides that an employer cannot
interfere with, restrain or coerce you in the
exercise of your rights under the Act.
Because of this provision
your employer cannot threaten to fire you,
lay you off, suspend you or close down his
business, or make any other threats
because of your interests in the Teamsters.
If your employer does threaten you, remember it
is unlawful for him to do so and the law will
protect you. You are not alone.
Your employer may promise you benefits
such as an increase in wages in order to keep
the union out.
Do NOT believe him.
Only a contract obtained through collective
bargaining can obligate an Employer to pay an
increase. Without a contract he is not obligated
to give an increase and can cancel any increase
he may give to any time.
There are many other things that this section of
the Act makes unlawful.
The employer cannot call you into his office and
question you about the union.
He cannot spy on your meetings
or ask you what went on, or who was there. This
is not all that this section makes unlawful, but
these things should give you an idea of the type
of conduct which the law forbids.
SELECTION OF REPRESENTATIVES The law provides
that you have a right to organize.
In fact, it is the policy of the United
States to offer you every protection if you are
even considering organizing. Your employer
cannot interfere with your choice of the
Teamsters. The Act specifically provides that he
cannot dominate a labor organization. This means
that he cannot sponsor a company or rival union.
He cannot ask you to sign a petition for or
against any union. If you refuse to sign such a
petition, he cannot take any action against you.
There are two main methods by which labor unions
are chosen to represent employees. If a majority
of the employees indicate (usually by signing
authorization cards) that they want the
Teamsters to represent them, the employer can
voluntarily recognize the Teamsters. The other
method is to have the National Labor Relations
Board conduct an election. If a majority of the
employees vote for the Teamsters, then the
Teamsters are certified as the bargaining agent
for all the employees. And the important thing
is that every election conducted by the Labor
Board is by secret ballot. No one, not your
employer, your fellow employees, or even the
union, will know how you voted.
Your choice to have the Teamsters represent you
is entirely up to you. The law guarantees it.
SOME SUGGESTIONS
Throughout this booklet we have outlined a few
of the ways in which the law protects you
because of your interest in and activities on
behalf of the Teamsters. If you hide the
light of your interest under a bushel, the
employer can claim that he wasn't even aware of
your union activities. This makes it more
difficult for the law to protect you. Then
it is up to you to prove that any discrimination
was because of your interest in the union.
But, if you are very open about your interest in
the Teamsters, if you talk about it on your work
breaks, wear a Teamster button, attend the union
meetings, and help to get your fellow employees
signed up, then your employer cannot say that he
was not aware of your union activities.
Belonging to the Teamsters is something of which
you can be justly proud. Over 2,000,000
men and women doing all types of work; office
workers, plant workers, truck drivers,
warehousemen, service employees, mechanics,
airline employees, nurses and many others belong
to the Teamsters and enjoy the benefits that
only a strong union can obtain. Openly
sharing your interest in the Teamsters benefits
you and your fellow employees, and it makes it
much easier for the law to protect you.
Remember, the United States Government stands
behind you when you join the Teamsters.
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Yes, You Have RIGHTS!
If you are called into a meeting
with any management representative
and have reason to believe that
disciplinary action may result, read
them your Weingarten Rights.
WEINGARTEN RIGHTS
If this discussion could in any way
lead to my being disciplined or
terminated, or affect my personal
working conditions, I respectfully
request that my Union representative
or Steward be present at this
meeting. Without representation, I
choose not to answer any questions.
In 1975, the U.S. Supreme Court
ruled, in the WEINGARTEN decision,
that an employee is entitled to have
a Union representative present
during any interview which may
result in his or her discipline. It
is up to YOU to insist on Union
representation. If you fail to do
so, you may waive your rights.
Do The Following: 1.
Ask your supervisor if you might be
disciplined as a result of the
interview. If he says "NO,"
ask for a written statement to that
effect. If he gives you such
statement, you must participate in
the interview. If not, read him your
Weingarten rights, remain for the
meeting, take notes, and afterwards
immediately contact your Union
representative.
2.
If he says you might be
disciplined but will not allow you
to have a Union representative
present, read him your Weingarten
rights, stay in the room, take
notes, and do not respond to any
questions. Afterwards, contact your
Union representative immediately. If
he allows your Union representative
to be present, you should
participate in the interview.
SOURCE: International Brotherhood of
Teamsters Pamphlet.
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The Steward's Guide for WELCOMING
NEW MEMBERS
As a Steward, part of your role is
to introduce new members to the
Union so they understand who
the Union is, what it does, and the
importance of their involvement.
This can be done during the break
time, lunch time, or before or after
work.
1. INTRODUCE YOURSELF
Set up a convenient time for both
you and the member to talk one on
one, free from distractions. During
the meeting, you should introduce
yourself and explain your role as a
Union Steward - you are there to
keep them informed and to help them
with any problem they may have. Tell
the member a little about yourself
and ask them a few questions about
where they worked before and if they
have ever been in a Union. Talk to
them a little bit about your
workplace - what it is like to work
there and what your first day was
like. Give the member copies of the
Welcome to the Teamsters
booklet, their Contract,
your name and phone number, and
other useful Local Union
information.
2. EXPLAIN THE CONTRACT
Explain to the new member that the
Contract is an agreement negotiated
between the Union and Management
covering wages and other working
conditions for a specified period of
time. Point out some of the Articles
that the member would be interested
in at this time, particularly wages,
vacations, holidays, etc. Mention
that there is a grievance procedure
in the event that they have a
problem in the workplace. However,
do not stress it too much at this
time since they are probably not
experiencing any problems yet.
3. ANSWER QUESTIONS
Allow enough time for the member to
ask questions. One question that
usually arises is about dues. Be
ready to explain how much Union dues
are and how dues finance the
activities of the Union on their
behalf - grievance handling and
arbitration, contract research and
negotiations, organizing, etc. If
you don't know the answer to a
question, tell the person you will
find out and get back to them. Be
sure to get the answer to help build
their confidence in you.
4. START TO GET THEM INVOLVED
During your first meeting with the
new member, you should be careful
not to overload the person. However,
you should try to be sure that this
meeting is not a once in a lifetime
event. You should make it a point to
talk to the new member again. At
this time, you should have them sign
a membership application, check off
authorization, beneficiary card and
NYS Teamsters Benefit Forms
Enrollment Form. Then, begin to work
to involve the person in the
activities of the Union, for
example, going to a Union meeting or
participating in the political
action activities and fund of the
Union D.R.I.V.E.
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TEAMSTERS LOCAL #118 |
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Rochester Main
Office
130 Metro Park Rochester, NY
14620
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Phone: (585) 256-1350
Fax: (585) 256-1429
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President Steve Mazza, |
ext 204 |
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Vice-President Gene DeLorme, |
ext 214 |
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Secretary-Treasurer Chris Toole, |
ext 212 |
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Recording Secretary/BA Ron Hill, |
ext 205 |
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Trustee/BA Paul Markwitz, |
ext 211 |
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Business Agent Kevin McIntosh, |
ext 213 |
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Business Agent John Emrich, |
ext 215 |
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Debbie Baroody |
ext 201 |
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Mary Kessler |
ext 203 |
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Michelle Stonehouse |
ext 202 |
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This site was last updated
04/01/08
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