Los Angeles Times Pressmens 20 Year Club: Get Your 'Vote Hands' Ready: National Voter Registration Day

Los Angeles Times Pressmens 20 Year Club: Get Your 'Vote Hands' Ready: National Voter Registration Day

No On Prop 32 TV Ad

Ronnie -- When he thought the cameras were off, this is what Mitt Romney told a group of wealthy donors he really thinks about half of America: "There are 47 percent of the people who will vote for the President no matter what.All right, there are 47 percent who are with him, who are dependent upon government, who believe that they are victims, who believe the government has a responsibility to care for them, who believe that they are entitled to health care, to food, to housing, to you-name-it. That that's an entitlement. And the government should give it to them. And they will vote for this president no matter what...These are people who pay no income tax... "My job is not to worry about those people. I'll never convince them they should take personal responsibility and care for their lives." Think about that for a second. A man who is running for president of the United States thinks that half of all Americans aren't worth his effort or time -- that they see themselves as victims, and don't take responsibility for their lives. (click here for youtube video) Putting aside the factual inaccuracies in that statement, think about how badly he's misjudged the character of this nation. This man should not be president. Pitch in $5 or more today to help us fight. This is the kind of mentality that President Obama and Democrats across the country are up against. We believe that every American deserves a fair shot -- no matter where they come from or who their parents are. And you know what? It is the job of the president to worry about every American, no matter whether they voted for him or not. I can't stomach the thought of Mitt Romney and Republicans who think like he does winning in 49 days. But we've got a tough road ahead of us, and we need your help to fight back. Donate $5 or more today to give President Obama and Democrats the resources they need to win on Election Day: https://my.democrats.org/Help-Democrats-Fight Thanks, Patrick Patrick Gaspard Executive Director Democratic National Committee

Teamster Local 572 will be holding it's Annual Meeting and has invited GCC/IBT Local 140-N members to attend. Interlocal Pension Fund Chairman, John Agenbroad will give a presentation on the Fund. If you participate in the ILPF I encourage you to attend. All the details are included in the flyer below.
Thanks, Brother Doug Brown
572 Annual Meeting Notice

Current Officers 2012

Know your rights ! DISCIPLINE

WHAT ARE MY WEINGARTEN RIGHTS, HOW DID I GET THEM AND WHAT ARE THEY FOR?

THREE DECADES OF UNION REPRESENTATION

NLRA – Section 7:

"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 and protection"

NLRB v. Weingarten, Inc. 420 U.S. 251 (1975):

The employer violated [Section] 8 (a) (1) of the National Labor Relations Act because it interfered with, restrained, and coerced the individual right of an employee, protected by [Section] 7, "to engage in … concerted activities for … mutual aid or protection," when it denied the employee's request for the presence of her union representative at the investigatory interview that the employee reasonably believed would result in disciplinary action.

Weingarten Rights. Most union members have heard this term. Many shop stewards have the right to protect their members because of it. But what is the origin of these rights? What lies behind one of the most significant labor law rulings in recent history? For thirty years, Weingarten has been an often-used word in the vocabulary of union advocates.

Here is the story:

J. Weingarten, Inc. operated a large chain of convenient stores, several of which allowed customers to purchase packaged meals. In June 1972, Ms. Leura Collins, a lunch-counter clerk at Store No. 98 in Houston, Texas, was called into the manager's office and interrogated by her manager and a loss prevention investigator employed by the store. Unknown to Ms. Collins, this investigator had been observing her for the past two days on the basis of a report that she was stealing from the register. Although this particular investigation uncovered no evidence of wrongdoing on Ms. Collins' part, another manager learned (from a coworker) that she "had purchased a [$2.98] box of chicken … but had placed only $1.00 in the cash register."

During the interview, Ms. Collins, a member of Retail Clerks Local Union No. 455, requested several times that her steward or another union representative be present. When questioned about the chicken, Ms. Collins replied that she only took a dollar's worth, but was forced to use a large-size box since the small ones were not available. The investigator went to confirm this; upon his return he "told Collins that her explanation had checked out [and] that he was sorry if he had inconvenienced her, and that the matter was closed."

It was at this point that Ms. Collins finally broke down, exclaiming that the only thing the company ever gave her was a free lunch. Hearing this, the manager and the investigator were surprised, since Store No. 98 had no such policy. Once again Ms. Collins was interrogated, once again she requested representation and once again it was denied. The investigator then asked her to sign a statement that claimed she owed the company $160 for those "free" lunches. She refused. In Store No.2, where she had previously worked [1961-1970], free lunches were policy. It was later learned that other J. Weingarten employees, including the manager, took "free" lunches, since the company had no official policy that forbade it, a fact confirmed to the investigator who then ended the interview.

Upon leaving, Ms. Collins was asked by the manager "not to discuss the matter with anyone because he considered it a private matter between her and the company [and] of no concern to others." However, Ms. Collins reported this incident to her union and an unfair labor charge was filed.

The Purpose

One vital function of the steward is to prevent an employer from coercing or intimidating employees into confessing misconduct, especially in situations where the supervisor (or any other employer representative) engages in interrogatory techniques.

The NLRA protects union concerted activities, which includes a member's right to request union representation during investigatory interviews. This right was recognized in 1975 with the U.S. Supreme Court's ruling in NLRB v. J. Weingarten. (420 U.S. 251)* and became known as a member's Weingarten Right.

*Note: This opinion was delivered by Justice William Brennan and was joined by Justices Douglas, White, Marshall, Blackmun and Rehnquist [the current Chief Justice]. The dissenting opinion was filed by Chief Justice Warren Burger and joined by Justice Powell.

A lone employee, confronted by the employer's investigation and the possibility of discipline, may be either too afraid to face accusations, too inarticulate to accurately explain, or simply to uniformed to raise extenuating factors. A knowledgeable union representative could assist this employee by drawing out favorable facts or applicable mitigating circumstances.

A tangible knowledge of Weingarten is vital, since it allows the steward to:

• Serve as a (non-silent) witness to this interview
• Contradict a supervisor's possibly false account of said interview
• Prevent intimidating tactics or confusing questions by supervisor
• Prevent the member from making self-incriminating statements or admissions
• Advise the member, under certain circumstances, to deny everything
• Warn the member about losing his or her temper
• Discourage the member from informing on others, i.e., co-workers
• Identify any extenuating or mitigating factors that could benefit the member

The Investigatory Interview

Weingarten Rights can be invoked ONLY in an investigatory interview, which occurs when:

• Employer Representatives (Supervisor, Manager, et. al.) question an employee about specific conduct or to obtain information that could be used as a basis for discipline.
• As a result of the above, the employee has a reasonable belief that the interview could result in discipline or some other adverse consequence. Example: an employee being questioned about an accident would be justified in fearing that he or she might be blamed. 

Of course, not every interaction between employee and supervisor is an investigatory interview; for example, a supervisor speaking to a subordinate about a particular job performance. While the supervisor may no doubt question the worker about his or her performance, the likelihood of discipline is not the issue. Both parties are merely engaged in a work-related conversation – there is no investigation.

However, this workshop conversation could suddenly acquire an entirely different demeanor should the supervisor becomes hostile or the questioning turns into suspicion. In this case, any employee may become fearful; at this point would require union representation.

Yet, when a supervisor (or any agent of the employer) calls an employee into the office to warn, reprimand or impose discipline already decided, this is not – according to the NLRB* – an investigatory interview, since employee conduct is not being questioned, but rather has been observed and is being acted upon.

* Baton Rouge Water Works, 246 NLRB 995 (1979)

Educating Members

Unlike Miranda, another landmark Supreme Court case, Weingarten does not require notice at the time of questioning – or, in this case, an investigatory interview. This means that the Employer is not required to inform the employee that he or she has a right to Union representation. For the union and the steward, this means educating their membership by explaining these rights. Many local union contracts contain Weingarten in their language, such as this example:

The employer recognizes the employee's right to be given representation by a steward, or a designated alternate, at any investigatory interview. The employer will remind the employee of this right at the time that the employer requests the investigatory interview.

Many local unions provide their members with wallet-sized cards that read:

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, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in this discussion.

Source: http://www.teamster.org/content/three-decades-union-representation

Local Update

Dear Brothers and Sisters,

As result of recent Elections and Officer Resignations, until further notice, this is the new, and current Local 140-N Executive Board:

President, Ron Pineda
Executive Vice President, Charles (Chuck) Reney
Secretary Treasurer, Timothy Robinson
Recording Secretary, Edward Padgett
Shop Steward, Richard Olmeda

Also, we will no longer be using the address of 25852 McBean Parkway, Unit 316, Valencia, Ca. 91355
for Union business. The new, temporary mailing address 11432 Rose Hedge Dr. Whittier, Ca. 90606

Once our office is established at Teamster Local 630, we will move all of our Local operations to that location and use that address for all business affairs.

In Solidarity,
Ronnie Pineda,
President

MEETING REMINDER!

                                                 HOPE YOU DID'NT FORGET! 

GENERAL MEETING TOMORROW AT 2:00 PM FOR ALL MEMBERS.
EXECUTIVE BOARD WILL MEET TWO HOURS EARLIER AT 12:00 NOON

Teamster Local 630
750 Stanford Ave. Los Angeles
West of the Olympic Plant, between 7th St.and 8th St.

Take ownership of your Local and participate.

Smart Ride Agreement

The Company and the Union reached an agreement today regarding an Unfair Labor Practice charge that was filed against the Company by the Union. The Union Charged the Company with failing to collectively bargain the discontinuance of our bargaining unit's participation in the "Smart Ride" Commuter Program.

 Company Attorney, Amy Foran and I reached an agreement today regarding the Board Charge and the Union will withdraw the Unfair Labor Practice Charge based on the agreed terms stated as follows:

  1. Eligible GCC represented employees may participate in the “Smart Ride” program to the same extent eligible non-union employees participate in the program 2. The program may be changed or eliminated by the Company, provided that such changes or elimination apply to both GCC represented and non-union employees 3. To obtain point credits, eligible GCC represented employees may resubmit their Monthly Ride Share Report forms for May and June, 2012

 This is essentially what is referred to in "Union Speak" as a "Me Too" clause as described in number 2 of the agreed terms.

I hope this did not inconvenience anyone for too long and encourage everyone to take advantage of the  Smart Ride program in order to conserve natural resources, reduce smog, and most importantly, cut your costs commuting to and from the Shop.

In Solidarity,
President Pineda

New Survey

Times Union Survey 2012 (1)

Los Angeles Times Pressmens 20 Year Club: Robert Rainey Rest in Peace

Our Deepest Condolences Jim,
We are very sorry for your loss.
Ronnie Pineda

Los Angeles Times Pressmens 20 Year Club: Robert Rainey Rest in Peace

Download Songs for Justice FREE

Download Songs for Justice FREE

Digital Will Not Save Newspapers: What this means for Newspaper Unions

At the 2012 North American Newspaper Conference, I had the opportunity to present a report I wrote on the effect of digital advertising revenues for newspaper companies and what this means for newspaper unions.  This post is a summation of that report.  The full report can be viewed here: http://www.scribd.com/doc/96526579/Digital-Will-Not-Save-Newspapers

Introduction

Despite an initial slow decline in daily newspaper circulation beginning in 1984, by 1990, daily circulation begins to fall more rapidly.  Sunday circulation, however, continues to grow until it peaks in 1994 at 62.6 million and starts its slow decline. For the next ten years, both Sunday and Daily circulation continue a steady decline until 2004 when both circulations go into free-fall.

In addition to the declining circulation, newspapers have also faced a major erosion of their advertising revenue since 2000.  As newspapers derive the majority of their income from advertising, this lost revenue are devastating.  In 2000 advertising accounted for 82% of newspaper revenue.  From 2000 to 2011, print advertising fell by a whopping 57%.

Since they began measuring on-line advertising in 2003, the Newspaper Association of America (NAA) reports that online advertising rose nearly 275% from 2003 to 2011.  Despite this dramatic increase in on-line advertising, the total revenue dollars pale in comparison to print advertising revenues. 

While most newspapers have developed an Internet presence with an impressive array of on-line media, they have not been able to generate enough income from access fees, advertising, and services to make up for the dramatic loss in print advertising.  In fact, a recent study released by the Pew Research Center's Project for Excellence in Journalism (PEJ) reported that newspapers took in roughly $11 in print revenue for every $1 they attracted online. 

While there has clearly been significant decline in the industry, and media companies have seen their profits hurt, there have been a few bankruptcies and, absent a couple of notable exceptions, relatively few newspapers have gone out of business.  In fact, the number of daily papers has only seen a slight decline, and the number of Sunday newspaper has remained steady and even increased slightly in 2009.  The largest change in our industry has come in the form of printing consolidation, which has had disastrous consequences for newspaper employees.  Over 98% of newspaper plant closings in the United States are a result of outsourcing or consolidation.

As discussed earlier, print advertising has been the lifeblood of newspapers’ and with digital revenue showing little promise to change that any time soon newspapers are desperately searching for a number new revenue streams.  These new revenue streams can be made up of a multitude of revenue makers in digital media, print media, and related businesses including digital subscriptions, production services, banner advertising, new print products, distribution services, print in-sourcing, mobile text advertising, social networking, niche newspapers and cross media advertising. 

Many of these will present opportunities for pressmen and other newspaper craft unions.  For example, two larger shops in Local 3, the Boston Globe and the Providence Journal have been adding numerous publications and experimenting with new and innovative ways to produce printed products that offer new advertising opportunities such as ads that pop-out of the top of the paper and ads that fold over page one. 

As more and more newspapers continue to outsource their printing operations, job losses will continue.  However, most of this work has, and will, continue to migrate to unionized facilities.  In some cases, this migration of work has resulted in additional positions, but these few additions do not keep pace with the jobs lost from outsourcing.

Despite the circulations declines, the printed newspaper, and associated products such as comics and advertising supplements will continue to exist, albeit in different form, for years to come.  These printed products, however, will be ever changing.  Daily and Sunday newspapers will evolve into smaller, user-friendly formats.  The comics and other sections are being developed to accommodate new and different advertising opportunities.  Newspaper pressrooms will also be printing niche products, with more color and new, creative design features requiring complex printing operations.

As David Weil said in his 1997 book, Turning the Tide; Strategic Planning for Labor Unions,  “For labor unions in the industry, these transformations provide challenges, but also new opportunities.”

Bargaining

In an article for Industrial and Labor Relations Review entitled; Is Pattern Bargaining Dead? Author KJ Ready makes clear that “Pattern bargaining as a process may, however differ from pattern bargaining as an outcome.”  This is obviously true in the newspaper industry. 

Pattern bargaining and coordinated bargaining have failed in our industry.  It is time to recognize this and increase our leverage at the table by bringing more groups under one collective bargaining agreement.  Whether it is through local merger, or other means, this must be done. 

In today’s ever changing printing environment, and with the Globe currently introducing many new products, in makes absolutely no sense to squander this opportunity of a common expiration dates increased constituencies, and less competition with multiple unions bargaining over the same dollars.  Drastic change such as this is never easy.  However, with most newspaper employees represented by the Teamsters and the Communications Workers of America we should seek their assistance is this endeavor.

    

Organizing

In the printing industry, there are a number of opportunities for internal organizing.  It is common in the industry to have only one or two departments in a printing operation unionized.  While this is less common in the newspaper industry, it is more common in the commercial printing business.  Potential external targets are many of the office stores that are now using digital printers to do work we have done for years.  These include Staples, OfficeMax, and Kinko’s.  As Kinko’s is affiliated with FedEx, there could be some tie-in with the Teamsters as they are at odds with FedEx.

Because we have seen a number of lay-offs, we have a number of solid union members, including former stewards, who may be willing to work as salts for organizing.  Even with the prospect using salts, however external organizing is difficult for smaller unions. There is also the political concern over organizing within the local with members seeing dollars expended with little or no results.  We must overcome this fear and somehow find a way to renew our efforts to mobilize and energize those within our current bargaining units to reach out to their fellow unorganized employees. 

As Bill Fletcher puts it; “Although there are few definitive answers, the experiences of locals struggling with the realities of juggling organizing and representational responsibilities should guide the search for sustainable conversion.”

Conclusion

Newspaper companies want to stay in business.  Many are doing this by outsourcing their printing and many are doing this by increasing their printing.  The evidence is becoming clearer by the day that if major newspapers wish to stay in business, with their own newsrooms and original reporting, they cannot rely on digital revenue to support them.  With their need to support printed products and the revenue that comes from it, we can expect, new print products, print in-sourcing, niche newspapers and new and innovative ways to produce printed products that offer new advertising opportunities such as ads that pop-out of the top of the paper and ads that fold over page one. 

 

These will present real opportunities for pressmen and other newspaper craft unions.  In order to benefit from this changing environment, newspaper craft unions, particularly the Pressmen’s unions, need to ensure we are positioned to accept and execute this new work.  It required accepting significant cultural change in the form of additional paid straight-time hours, considerable work rule modifications, and additional training.

While these changes seemed difficult to accept in the short term, the leverage gained by the elimination of competition, the addition of multiple constituent publications, and an expanding skill set will pay dividends in subsequent contract negotiations.

New Author on Save Our Trade

Save Our Trade wishes to welcome GCC/IBT President, Local 14-M Philadelphia,PA, Kurt Freeman to our Blog. Brother Kurt wears many hats in the GCC, the hat he wears most regularly is that of President, District Council 9, Philadelphia, PA. DC9 is affiliated with Locals, 329-C, 732-C, 241-M, 612-M, 16-N, 594-S, 726-S, 754-S and his home Local of 14-M. Brother Freeman also sits on the GCC/IBT International General Board representing the Atlantic Region. We look forward to hearing from Brother Kurt and the members in DC9 here on Save Our Trade. Our mission is to Unify our members voices, not only here in cyberspace, but in the Political arena where our voices are most needed. On behalf of the members of GCC/IBT Local 140-N, Thank you President Freeman for joining our forum and for expanding the reach of information flowing between our shops and members. In Solidarity, Ronnie Pineda President, GCC/IBT Local 140-N

Hoffa on Romney