11th Circuit Court of Appeals Rules in Favor of Union
(WASHINGTON) – A three-judge panel for the 11th Circuit Court of Appeals ruled Monday that Amerijet must follow a district court order to arbitrate labor disputes with Teamsters who are temporarily based in the Caribbean.
This decision is the latest in a series of legal wins for the Teamsters against Amerijet. The union originally sued Amerijet in April 2012 after the company began illegally terminating workers who were stationed overseas under false legal premises.
“This case was decided in less than a week and the court’s ruling was less than 50 words,” said Capt. David Bourne, Director of the Teamsters Airline Division. “It has been almost a year since the Supreme Court declined to take this baseless case. Enough is enough; this company needs to stop the games and get back to the table to work with the pilots.”
The case is International Brotherhood of Teamsters v. Amerijet International Inc., case number 15-15145, in the U.S. Court of Appeals for the Eleventh Circuit.
The Following document is a copy of the agreement between Teamsters Local 769 and the UPS Florida District detailing peak season operations for 2016. This agreement provides our members with the protection they deserve and also provides opportunities for others to capitalize on the heavy volume. Contact your business agent and shop stewards with any questions related to these matters and have a safe and prosperous holiday season.
As always, follow us on social media or subscribe to our website using the form field on the left side of the home page for the latest updates on all matters affecting members of Teamsters Local 769.
The voting began Thursday night at 11pm and on Friday morning August 26th, when the votes were counted, Teamsters Local 769 had 101 new brothers and sisters.
FreshPoint is North America’s largest exclusively owned produce distributor and a division of Sysco Corporation. They boast about their commitment to their customers but as with many produce and grocery delivery companies, their commitment to their employees is lacking to say the least.
The NEW Teamsters work at the Pompano Beach Florida facility as well as other satellite yards located around South Florida. They won their election by a margin of 63% against a hard fought anti-union campaign by Syscos usual gaggle of union busters. This is the third organizing victory by Teamsters Local 769 at a Sysco owned warehouse in South Florida during the past four months and there are 101 workers in the bargaining unit.
“Once again, workers stood up to Sysco’s anti-worker, anti-union tactics and stood strong and united in their fight for positive change,” said Mike Scott, President of Local 769 in Miami. “The drivers at FreshPoint work hard providing fresh produce to their communities and they deserve to receive fair wages and benefits and to be treated with respect.”
“It’s a relief to finally have a voice on the job for myself and my co-workers,” said Dondi McCrea, a driver and three-year employee. “It feels great to be a Teamster—it’s a blessing.”
“We have been mistreated for too long, but now we will fight for respect on the job as Teamsters,” said 10-year employee Eddy Deronvil, another driver, one of many employees of Haitian descent. “This is a great day.”
In addition to being treated with dignity and respect, the workers are seeking fair wages, improved benefits and better working conditions in the Florida heat.
Congratulations to our newest Teamsters and welcome to Local 769.
On Thursday August 18, 2016 Fleet Mechanics at the West Palm Beach Florida Sysco Foods facility voted unanimously for Teamster representation. Their victory came less than 6 months after drivers at the same facility had voted to join Teamsters Local 769.
In recent years, Sysco has been mistreating its workers nationwide. While increasing its profits off the backs of its hardworking employees the company spends countless thousands on union busters to keep their workers from getting what they deserve.
Fleet mechanic Joe Pennica said, “It’s a great feeling to be a Teamster.” We couldn’t agree more Joe. Congratulations and welcome our new brothers from Sysco in West Palm Beach.
The following document is the latest press release regarding the agreement in principle between the Teamsters and United Airlines for a joint contract covering the company’s approximately 9,000 technicians and other related employees. Click here if you are unable to view the copy below.
As always, for the latest information as it relates to members of Teamsters Local 769, check back here or subscribe to this website or any of our social media pages for updates. See more here –
A rental car company waited too long to challenge an order that it reimburse a labor organization out of its own funds for union dues that should have been deducted from employee paychecks, the U.S. Court of Appeals for the District of Columbia Circuit held ( Enterprise Leasing Co. of Fla., LLC v. NLRB, 2016 BL 153618, D.C. Cir., No. 15-1200, 8/5/16 ).
The court closed the case without reaching the merits of an unusual order that precludes the employer from recouping dues payments from the employees who would have made them but for the employer’s labor law violations.
Enterprise Leasing Co. of Florida argued that the National Labor Relations Board lacked authority to make the company shoulder the dues obligations of union-represented employees, but Judge Cornelia T. L. Pillard wrote for the court Aug. 5 that the company failed to preserve its objection in proceedings before the NLRB.
The appeals court said the NLRB had substantial evidence that Enterprise illegally withdrew recognition from an International Brotherhood of Teamsters local and refused to honor the union dues checkoff authorizations of bargaining unit employees.
Second Round in D.C. Circuit
In 2013, an NLRB panel mostly adopted the findings of an administrative law judge that Enterprise illegally withdrew recognition from International Brotherhood of Teamsters Local 769 (359 N.L.R.B. No. 149, 196 LRRM 1613 (2013)).
The panel also found that Enterprise committed a number of National Labor Relations Act violations after its withdrawal of recognition, including failing to honor a dues checkoff provision that remained in effect until the collective bargaining agreement expired.
Enterprise filed a petition for review in the D.C. Circuit, and the board set aside that ruling after the U.S. Supreme Court held in NLRB v. Noel Canning, 134 S. Ct. 2550, 199 LRRM 3685 (U.S. 2014) that President Barack’s Obama’s January 2012 recess appointments to the NLRB, including those of two members on the Enterprise panel, were unconstitutional.
Board 2-1 Adopted Dues Remedy
A new three-member panel issued an order in 2015 (362 N.L.R.B. No. 135, 203 LRRM 2779 (2015)). The board members agreed that the employer had committed unfair labor practices, including withdrawing recognition from Local 769, and they ordered the company to recognize and bargain with the union.
However, a board majority (Chairman Mark Gaston Pearce and Member Lauren McFerran) also required Enterprise to make the union whole for union dues that should have been withheld from employee wages under the union’s contract. The board’s order precluded Enterprise from recouping the dues amounts from workers.
Requiring employees to make the back dues payments would impose “an additional burden” on the workers, the board said, “for which they might well blame the Union, undermining its standing—and exacerbating the consequences of the Respondent’s unlawful conduct.”
Member Philip A. Miscimarra dissented from the remedial order. Writing that Section 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, limits employer payments to labor unions, Miscimarra said the board should order Enterprise to “remit past dues that, in turn, are deducted from unit employees’ wages or otherwise recouped by the Respondent.”
Jurisdiction Limited in Appeals Court
Enterprise challenged the board order, including the dues remedy, in the appeals court, but the D.C. Circuit enforced the NLRB order.
Pillard said the board’s unfair labor practice findings were supported by substantial evidence, and she found the court lacked jurisdiction to consider the employer’s challenge to the dues reimbursement remedy.
Section 10(e) of the NLRA, 29 U.S.C. § 160(e), precludes a reviewing court from considering an objection that has not been “urged before the board.”
D.C. Circuit Finds Objection Wasn’t Preserved
Pillard wrote that the NLRB’s general counsel, not Enterprise, brought the remedial issue to the board by filing exceptions to an administrative law judge’s decision.
“Nowhere in any of its filings in the proceedings below did Enterprise argue that it was impermissibly punitive or otherwise unlawful for the Board to prevent Enterprise from collecting from its employees the dues it had failed to pay to the Union,” she wrote.
Enterprise could not rely on Miscimarra’s dissent to excuse its failure to raise an objection, Pillard said. The employer could have filed a motion for board reconsideration after the 2015 decision but did not do so, she added.
Finding the company’s objection to the remedial order was not timely, the appeals court concluded “We thus lack jurisdiction to consider it” and enforced the board order in full.
Judges Thomas B. Griffith and Robert L. Wilkins joined in the opinion.
D. John Sauer of James Otis Law Group LLC argued the case for Enterprise Leasing Co. of Florida. NLRB attorney Greg Lauro in Washington argued for the board.
Teamsters Local 769 is joining the Rivers Coalition to help advocate for clean waterways in Florida.
Teamsters Local 769 was voted in as members of the Rivers Coalition on July 28, 2016, with shop steward Stevan Anderson appointed as the voting delegate to represent the local. Steven is employed at Club Med in Port Saint Lucie, FL.
The Rivers Coalition is a group of more than 85 businesses and organizations and their mission “is to fight for a safe, healthy and ecologically balanced St. Lucie River Estuary and Indian River Lagoon. Natural resources that are vital to the economy and quality of life of Martin County and the Treasure Coast”. The Rivers Coalition was created in 1998 by local businesses and environmental groups that educate the public and advocate for clean waterways in Florida. The Coalition works continuously with local, state, and federal officials to help protect the waterways of southern Florida that have been affected by the algae blooms caused by lake Okeechobee water releases. Teamsters Local 769 is excited to join the efforts of the River Coalition to help fight for clean waterways that affect all of the Teamsters Local 769 jurisdiction of southern Florida.
On Saturday August 20th, 2016, Teamsters Local 769 will be hosting a Compliance, Safety and Accountability (CSA)/Defensive Driving Course for the Teamsters National Pipeline Training Fund at our Miami hall. The course is approximately four to six hours in length and if you are interested in attending, you must call to reserve your spot. Contact the Miami hall at (305) 642-6255
The 29th International Teamsters Convention was filled with many memorable moments and a clear path for the success of our Union was drawn into the future. Numerous resolutions were passed during the week as updates on many of the battles we are engaged in were discussed.
On Monday, Teamsters Local 769 President and Principal Officer Mike Scott spoke about the IBT plan “Let’s Get America Working” which our local union fully supports. “For far too long our government infrastructure investment has taken a back seat to corporate tax breaks”, said Mike.
That’s why the Teamsters rolled out the Let’s Get America Working platform last year. By investing in our infrastructure we’re investing in our workers and our economy. These are jobs that can’t be outsourced.
Teamsters General President Jim Hoffa delivered his Five Year Report on Monday as well. In it he touched on many issues that the union has dealt with during the previous five years. He discussed the growth of our union and the battles we have won and asked convention attendees to “pledge together to fight the good fight, to win the war on workers and to look in the mirror five years from now and say I did my part!”
On Tuesday, Teamsters Local 769 and Joint Council 75 was again part of the Convention as workers from Sysco Foods took the stage and reported on their struggles to unionize workplaces in the South. “We never could take on these companies without the brave rank-and-file workers who took on the union busters,” said Steve Vairma, International Vice President and Director of the Warehouse Division, who spoke on efforts to organize and represent workers at Sysco and US Foods. He then introduced Kipling Cortez from Sysco Foods Atlanta and Tom Baldwin of Sysco Foods in West Palm Beach, FL to tell the delegates first hand how hard fought their battles were.
“I’m proud to say we are the first group of workers as a major food company to go Union in the state of Florida for a very long time.”, said Tom Balwdin.
On Wednesday, Local 24 President Travis Bornstein addressed the Convention about the overdose of his son Tyler in 2014. His family created the non-profit Breaking Barriers to help combat addiction. Upon concluding his presentation, the response of the union was overwhelming, and more than $1.4 million in donations were pledged to help the fledgling group build a facility on the vacant Akron, Ohio lot were his son’s body was found. As part of the resolution, “the Teamsters call for greater education and outreach related to prescription drug addiction.”
Some other issues highlighted in resolutions during the week:
Get UPS Out of ALEC
NYC Horse Carriage Campaign
Teamster Organizing Model
UC Local 2010 Contract Campaign
XPO Logistics Organizing
On Thursday, after a parade of Teamster trucks rolled down Las Vegas Boulevard, International VP Ron Herrera and Chuck Stiles of the Waste Division spoke to delegates about waste industry organizing and were joined by two veterans of the 1968 Memphis sanitation strike who inspired attendees with their stories of struggle. Baxter Leach and Alvin Turner spoke about how efforts which culminated in the 1968 sanitation strike began as early as 1960 when only 33 workers walked out. The eight year struggle to organize finally paid off.
Said Baxter Leach,”…police run us like dogs, tear gas, eyes bloody. Still it didn’t stop us. We stood up to be a man. We just kept on running until we got a victory.”
“After a while, after Dr. King had came,”, said Alvin Turner, “and he said that he was–“I’m going to be with you until you win it.” And I felt good. A few days after that, then they killed him. And that was hard–it hurted me again. It really did something to me.”
A report and resolution on human rights and inclusion was passed to work toward more diversity in the union. In order to maintain a strong foundation, we must continue to be inclusive and protect the rights of members from all walks of life, and to bring awareness to issues affecting those who face persistent inequality and adversity resulting from discrimination, social stigma and stereotypes.
After lunch, delegates reconvened and heard from Jose Hernandez, a former Teamster and astronaut. Starting from working in the fields of California, Hernandez worked in a cannery as a Teamster to afford school and eventually reach his dream of becoming a NASA astronaut.
On Friday, the final day of the convention, attendees at the International Brotherhood of Teamsters’ 29th International Convention approved a slate of resolutions that clarify the union’s policy stances on everything from airline organizing to worker misclassification. More than 30 resolutions were passed en masse this morning, many focused in the organizing or political realm. This brought an end to another successful convention.
For more information and details on the 29th International Convention which also included performances by Tom Morello, the Swon Brothers and more, click here.
Teamster parents work hard to provide for their children and funding for a good education is a top priority for all who have children nearing the end of high school. The Teamsters Local 769 Scholarship fund is something that all children of Teamsters Local 769 members are eligible for and the following application form can be printed at home or requested from your stewards or business agents. All 2016 graduating seniors are eligible to apply.
All Teamsters Local 769 members are welcome and encouraged to help support the event that helps fund our scholarships by attending our Annual Golf Tournament on October 1, 2016.