Phone: (510) 569-9317 Fax: (510) 569-1906 * Meets Every Fourth Thursday at 8:00 p.m.
Hiring Hall: (510) 569-1203
BROTHERHOOD OF TEAMSTERS, AUTO TRUCK DRIVERS,
LINE DRIVERS, CAR HAULERS AND HELPERS
LOCAL NO. 70 OF ALAMEDA COUNTY
Affiliated with the International Brotherhood of Teamsters
70 HEGENBERGER ROAD * P.O. BOX 2270 * OAKLAND, CA 94621-0170



July 21, 1997

Ms. Kim Marchant
Oakland, Ca. 94612

Mr. Craig Gonsalves
Castro Valley, Ca. 94546

Mr. Maran Wilson
Hercules, Ca. 94547

Dear Sister and Brothers:

I have received letters from each of you addressing common concerns, and I am assuming that each of you is aware of the letters of the others. Accordingly, it is appropriate to write a single letter in response.

You have pointed out that the Bylaws of Local 70 contemplate the appointment of job stewards only after the members in particular locations have first been given an opportunity to elect their stewards. Although there may well be valid historical reasons for the fact that the current job stewards at UPS have been appointed to their positions, it is not necessary to review that history at present. Our Steward Bylaws expressly provide for a job steward elections following expiration of a collective bargaining agreement, and that event is fast approaching at UPS. Elections for stewards will be held at UPS under this provision in the near future, which will take care of the problem prospectively.

Each of you has stated that you will not permit Business Agent Marty Frates to represent you in the administration of the UPS agreement. This is an extremely serious and problematic statement. Under the Teamster structure, and particularly under Local 70's Bylaws, I have the authority and responsibility as Secretary-Treasurer to assign Business agents to their barns. This is a matter I do not, and could not properly delegate to anyone else. Members do not, either individually or in groups, have the right to select their own business agents, keeping in mind, of course, that business agents are elected by the entire membership every three years. I can no more grant any one of you the right to decide which business agent is to be assigned to you or your unit than I could grant that right to any other Local 70 member. I have been elected to exercise my responsibilities, not to shift them to someone else. I might add that the labor laws, as I understand them, reflect the same policy. The Union, having been selected by a majority of the members as their representative, has the exclusive authority to represent the bargaining unit employees, even those who prefer representation by another labor organization, or not to be represented at all. That is the only way collective bargaining can work, and if you think about it for a minute, you will know I am right. Every three years the membership can show its approval or disapproval of the way in which it has been represented, by nominating and electing officers. Under the law, employees can even decertify their union if a majority votes against an incumbent union. This system works well, and I doubt very much if you or any other members active in our local would prefer a different system where each employee goes his/her own way. Specifically, in the situation your letters address, the membership will have its democratic opportunity in due course to express their wishes as to who will and will not be Business agents for Local 70. As in any democratic system, the majority will rule.

Along the same lines, there is another point that needs to be made in response to your letters. Job stewards serve under the supervision of their Business Agent. It is important to have a cooperative relationship between the Business Agent and the Shop Steward. The job steward plays a significant role in providing the eyes and ears by which the Business Agent is informed in the day-to-day administration of the contract, but it is the Business Agent who is responsible for expressing the Union's position in any given situation. This is the basis on which the two must work together.

Each of you has complained about incident involving your Business Agent's handling of particular matters at UPS. As a general observation, I might point out that there is no such thing as a Business Agent of Local 70, including myself, who does not at one time or another, receive complaints from unhappy members. At the same time, I don't know of any union where, by and large, the members get better representation than at Local 70. Labor relations is a rough and tumble experience, and none of us escape unscathed, but I am satisfied that every Business Agent in this Local Union does an excellent job of protecting the interests of its members against abuse and unfairness by employers. You are well aware that in the "checks and balances" framework under the IBT Constitution and Local Bylaws, there are provisions any member can invoke to correct violations of his/her rights. This procedure is open to each of you in circumstances where you honestly believe and have evidence that a Business Agent (or any other member) has violated the Constitution or Bylaws. For reasons too obvious to state, that is the appropriate procedure to bring a matter before the Executive Board. Short of this procedure, any member may discuss his/her misgivings directly with the business agents, or draw my attention to situations you feel are of sufficient importance to go over the head of the business agent. I have no objection to this, but I am not exactly pleased when I find out that a complaint is frivolous and have spent time investigating it that could have been better spent on other matters. My practice in such situations, as is the case here, is to discuss complaints with the business agent involved, and do whatever is appropriate to take care of the matter, subject to the limitations of my authority. That is the course I will follow in response to your letters, although as I stated earlier, I do not intend to do anything concerning the appointment of job stewards in view of the forthcoming election of Stewards at UPS.

To the extent that Sister Marchant's letter expresses a complaint about the insensitivity of this Local Union to the concerns of women and minority members, I want to make explicitly clear that our policy on these matters is one of leadership in the advancement of those interests. As you know, we have had a workshop on diversity in the work place. At the Union's insistence, our health and welfare fund has extended its programs to domestic partners. We are constantly looking for ways to bring all members into positions of responsibility within the Union. I am personally proud of our achievements, and intend to make sure that our policies in this respect are uniformly understood and pursued at all levels of our Union.

One parting comment. I am disappointed to note that each of you has copied your letter to persons who are not Teamster members or officers. Although some of these individuals are both prominent in their fields and have excellent reputations, the point remains that you are raising questions having to do with the internal affairs of this Union. I would always expect our members to raise internal questions internally, and see what can be done within our own procedures before going outside. There is always legal recourse if you feel you cannot obtain satisfaction after giving the Local an opportunity to address your concerns. My concept of good unionism is that you start within the union. In the future, I hope you will agree.

Fraternally,


Chuck Mack
Secretary-Treasurer

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cc:
Local 70 Executive Board
Marty Frates, Business Agent
CM-UPS7.DOC

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