October 2019 Business Agents' Report

Ralph Ortiz and Mike Valladares Receive NSC Labor Division Awards

On September 6th, the TeamstersSFO Committee traveled to San Diego to attend the National Safety Council Labor Division Awards Luncheon.
We made the trip to show our appreciation and support for TeamstersSFO Safety Committee Chairman Ralph Ortiz and Components Safety Committeeman Mike Valladares who were honored at the luncheon for their exemplary work and dedication to workplace safety.

The Labor Division of the NSC consists of government regulators and union safety professionals, such as our TeamstersSFO Safety Committee, who are interested in advancing the cause of workplace safety.
Ralph, who has been involved with Safety since the 90's, received the Labor Division's highest honor: the Edward Egan Soldier of Safety Award.

Mike, who has been at United for 35 years and has been a member of the Safety Committee since 2008, received the Meritorious Service to Safety Award. The awards were presented by National Security Council President Lorraine M. Martin and NSC Labor Division Chair Joe Grabinski.

We are extremely proud of Ralph and Mike for their longtime commitment to the goal of ensuring that the safety policies and practices at United are in the best interest of our members.

SFO Safety Committee Chairman Ralph Ortiz

Returning to Work from Illnesses of Short Duration

We have been getting questions from our members about the process for returning to work after time off for a personal illness of short duration so we thought it would be a good idea to go over the relevant contract language and explain what it means in terms of your rights.

First, this information does not pertain to those members that are on Extended Illness or some other Authorized Leave. This information is strictly for those members who have taken sick time for an illness of short duration. For Return to Work in these circumstances, the relevant contract language is as follows:
Article 10.D.3 - The Company has the right to verify the fitness of an employee to return to work after any absence by having the employee examined by a Company approved physician.
Article 11.H.1 - United may require an employee to submit to a physical examination by a Company approved physician. This may be requested to verify the employee's illness, disability, occupational injury, fitness for duty or release to duty. The cost of the examination will be borne at Company expense. In addition, an employee will be pay protected for time lost because of said examination if he is at work.
We have been asked whether or not you are required to bring a note from the doctor if you are off sick from work for a period of short duration and you were not under a doctor's care. The simple answer is 'No'. Based on the contract language above, when you return to work, the Company can send you to Concentra or another Company paid physician for a release to duty examination. You are not required, nor can you be compelled, to go to your own doctor to get a note after the fact.
Additionally, if you come to work after an illness for which you were under a doctor's care and you are in possession of a doctor's note, the Company cannot hold you out from work until they get clearance from OPCMD. Once your doctor releases you and you come to work, the Company has no right to hold you out. If they do hold you out until they get OPCMD clearance, you will be pay protected for the duration of time between when you were sent home and you are cleared by OPCMD. Hope this helps.

The MEALP/LUCA Issue

As we first mentioned in the June BA Report, due to the California meal period penalty language in California Labor Code Section 512, the Company changed its policy so that folks working an overtime shift after a regular shift are no longer allowed to leave a half-hour early and receive pay in lieu of taking a 2nd lunch. The Company is basing this policy decision on the 'needs of service' language in Article 17.E. There have been ongoing discussions between the IBT and the Company, but the issue remains unresolved.

As a result, if you are working a 4-over in conjunction with your regular shift, you should take your full half-hour lunch 2 hours into the overtime.
If you are working 8-hour Hold Over overtime after your regular shift, you should be taking a half-hour lunch after two hours, 10-minute break after 4 hours, and another half-hour lunch after 6 hours of overtime.

Those of you working an 8-hour Early Start overtime prior to your regular shift should be taking a half-hour lunch two hours into the overtime shift, a 10-minute break after 4 hours, a half-hour lunch after six hours, and a ten- minute break prior to the beginning of your regular shift.

If anyone tries to deny you any of these lunches or breaks, which conform precisely to Article 17.E, we want you to immediately contact your Shop Steward or Chief Steward.

Annual Teamsters Member Assistance Program (TMAP) Training Held

The Annual TMAP Training was held at the Los Altos Retreat Center from October 2nd thru October 4th. It was attended by 22 TMAP Volunteer Coordinators from around the system including from Orlando, Newark, Dulles, Denver, Houston, Los Angeles, Chicago, and San Francisco. The event was organized by TMAP Regional Coordinators Caleb Good (ORD), Dominic Fiero (IAH), Mike Brooks (DEN), Steve Crummey (SFO), and Steve Loone (SFO). The speakers included Dr. Abby Metcalf (Motivational Interviewing), Carl Crayton (UAL Drug Abatement), Kip Bowen (UAL EAP), Anthony Cozzi (UAL Help Hub), and Carlos Rivera (UAL FMLA) who each presented training seminars designed to guide TMAP representatives as they assist our members with various issues. Additionally, TMAP Regional Coordinator Mike Brooks (DEN) gave a presentation on EAP Ethics. Thanks to all for their participation and dedication to our membership.

If you are interested in becoming a TMAP Volunteer Coordinator, please contact Steve Loone or Steve Crummey.

Kincare Complaint Update

We have been informed by an attorney for the State of California that our complaint is being reviewed by the state. We had been asked to submit a revised complaint and did so a few weeks ago. The complaint is based on the Union's assertion that the Company's policy of auto-designating Kincare when a member calls in sick for a personal illness is a violation of California Labor Code Section 233. We will be sure to update you once we receive any further information.

Union History

October 30th,1912 - Little Falls, New York, mounted police attack striking textile workers – mostly immigrant women and girls – beating some of them unconscious. The police chased the fleeing workers to their strike headquarters, continuing their assault, ransacking the building, destroying their union charter, and arresting the entire strike committee. Despite this, the workers saw the strike through until January 1913, when they won an agreement that included reinstatements, wage increases, and other demands.

October 3rd, 1932 - State troopers march into Kincaid, Illinois, to guard against a sympathy strike by more than 160 of the town’s 180 high school students, protesting the use by their school of scab-produced coal from the Peabody Coal Company while their fathers are on strike over wages.

October 25th, 2011 - Car wash workers at Bonus Car Wash in Santa Monica, California, become the first to unionize in an industry where workers are often exposed to a variety of toxic chemicals without adequate protections, work for extended periods in the sun without rest or shade, and are paid a daily rate that is far less than the minimum wage. The contract provided a wage increase, health and safety protections, grievance and arbitration procedures, and prohibited the employer from firing workers without just cause.

We must never forget!

Union Quotes

Management doesn't seem to understand the importance of the human factor. -Charles, Prince of Wales

When morality comes up against profit, it is seldom that profit loses. -Congresswoman Shirley Chisholm

Corporate power lies behind nearly every major problem we face--from stagnant wages and unaffordable health care to overconsumption and global warming.... With all this happening, why do we not read more about the pervasiveness of corporate power? In large part because even the "Fourth Estate," our media establishment, is majority owned by a handful of mega-corporations. -Marjorie Kelly, journalist and corporate reformer

Our Commitment to Communication

The communication process is an extremely important part of what we do to represent our folks here at SFO and, as we have been outlining for quite some time, we have been blasting out the BA Report along with any other communication we get from the Airline Division or the International to anyone who registers at the TeamstersSFO website. We feel that it is essential for all of our members to be engaged and informed at all times. Therefore, we encourage all of you to spread the word to your fellow technicians to go to the TeamstersSFO website and click on the ‘email signup’ tab to get on the list.

Additionally, the Chief Stewards hold weekly meetings with the Shop Stewards to pass on any important informational items that may come up during the month. It is crucial to our process that every work area on every shift have Shop Steward representation and that the Shop Steward give, at a minimum, weekly briefings to his/her crew so that all the information gets to our members and members have the opportunity to ask questions.

Most importantly, we urge you to also consider getting more involved. Every month, on the last Thursday, we hold Craft Meetings at Local 856. At these meetings, the membership hears reports from the Business Agents and other members of the SFO Committee on Grievances, Safety, Member Assistance, and the TSAP program. Additionally, all members have an opportunity to ask questions and to bring up topics for discussion. Check your IBT Bulletin Board for dates and times and make it a point to stop by whenever you can.

As always, stay informed!

In Solidarity

Mark DesAngles Javier Lectora
Business Agent Business Agent
Local 986 Local 856