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2016 General Membership and Shop Steward Meetings

        ***2016 General Membership and Shop Steward Meetings*** 

Shop Steward MeetingFeb 20th at Local 804 Union Hall

(34-21 Review Ave, Long Island City, NY 11101)

General Membership MeetingFeb. 28th at Local 282,

2500 Marcus Avenue, Lake Success, NY 11042 

Shop Steward MeetingMay 7th at Local 804 Union Hall

(34-21 Review Ave, Long Island City, NY 11101)

General Membership MeetingMay 15th at Local 282,

2500 Marcus Avenue, Lake Success, NY 11042                                                                                                       

Shop Steward MeetingJuly 30th at Local 804 Union Hall

 (34-21 Review Ave, Long Island City, NY 11101) 

General Membership MeetingAugust 7th at Local 282,

2500 Marcus Avenue, Lake Success, NY 11042 

Shop Steward MeetingOct 15th at Local 804 Union Hall

(34-21 Review Ave, Long Island City, NY 11101)

General Membership Meeting – Oct. 23rd at Local 282,

2500 Marcus Avenue, Lake Success, NY 11042




Local 804 Health & Welfare Fund (UPS Full-Timers)
Get information on healthcare benefits for UPS full-timers

Teamcare (UPS Part-Timer Health Benefits)
UPS Part-Timers are covered by Teamcare. Get more information at the Teamcare website.

Workers Compensation Attorneys
Injured on the job? These Workers Compensation Attorneys can help.

Local 804 Credit Union
Do your banking the union way at the Local 804 Credit Union.

Retirement Planning
Retire 804: Helping Local 804 members and their families make smart decisions with their money.

Teamster Privilege
From credit cards to insurance discounts, Teamster Privilege offers benefits available exclusively to Teamster members.

Free NRCME Registered DOT Physicals
Labor Union benefit services offers insurance coverage in case you’re out of work on disability because of an accident, injury or illness.

Disability Insurance
Labor Union benefit services offers insurance coverage in case you’re out of work on disability because of an accident, injury or illness.

Discipline Insurance
LECMPA offers insurance in the event that you suffer lost time because of suspension or termination.

Legal Assistance
Morici & Morici offers affordable legal services to Local 804 members.

Withdrawal Card
It is very important that you obtain a withdrawal card from Local 804 when you leave your job for any reason.

Discounted Online Defensive Driving
Local 804 has developed an online Defensive Driving program with the American Safety Council.

More News

Dougherty Fund Scholarship Applications Available

The Ed Dougherty Memorial Scholarship Fund awards scholarships annually to outstanding high school seniors. Download Part 1 of the application to review the scholarship requirements and verify eligibility. You must complete Part 1 of the application no later than January 31, 2016.

The James R. Hoffa Memorial Scholarship Fund is also accepting applications for scholarship  awards.  The deadline for receipt of completed materials is March 31, 2016.


Victory on Retiree Healthcare!


First, we won a pension increase. Now we’ve won again—this time by taking on UPS to lower the cost of retiree healthcare.

Starting January 1, the cost of retiree healthcare will be cut across the board under an arbitration settlement reached on Monday, November 23.

The cost of retiree healthcare will be reduced even further on January 1, 2018—to $200/month for an individual, $300 for member and spouse coverage, and $450/month for family coverage.

We proposed these reductions months ago. But UPS’s trustees on the Health Fund blocked the improvements.

We took the fight to the next level. On Monday, we squared off with UPS and an arbitrator mediated a settlement for a two-step reduction in retiree healthcare costs that gets us to our target costs.

On January 1, the costs will be reduced to $280/month for individual coverage, $385 for member and spouse coverage and $520/month for family coverage—saving retirees up to $82/month.

On August 1, 2017 the pension will be increased by $100 and five months later, the cost of retiree healthcare will be reduced a second time to $200/month for an individual, $300 for member and spouse coverage, and $450/month for family coverage.

Building a strong Health and Pension Fund continues to pay off for Local 804 members. United, we win!


Got Questions on Your Benefits?


Many Local 804 members have questions about their health benefits. We've got answers.

Get tips on how to use the health plan correctly to save on medical costs. Find out what to do it you get a medical bill that you weren't expecting. This information and more is covered in an 804 Health Fund Update which is in the mail to all members who are in the 804 Health Fund.   

This update is for full-timers who are covered by the 804 Health Fund. Part-timer health benefits are negotiated by the International Union. Click here for information on TeamCare health benefits for part-timers. 


Stop Harassment


Ten tips for protecting yourself from harassment.

1) Don’t Make it Easy for Management

You know the cardinal sins. Don’t commit them.

Take your breaks and lunch according to the contract. Sheet every package in your truck and do it accurately. Make sure to be at the customer's address when making DIAD entries. Don’t turn late Air or a missed package into a dishonesty issue.

If management is coming after you, don’t make it easy for them.

2) Don’t Overreact

Supervisors use harassment as a strategy to get results. If it’s not working, they’ll stop wasting their time on you.

Try not to let management get under your skin—and never let them know it when they do.

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  • Basic Rights  

    Weingarten Rights

    One of the most important functions of a Union steward is to prevent management from intimidating and unfairly disciplining employees.

    Nowhere is this more important than in closed-door meetings when supervisors can attempt to trick or pressure employees into confessing to wrongdoing.

    In 1975, in NLRB v. J. Weingarten, Inc, the U.S. Supreme Court announced the rights of employees in the presence of union representatives during investigatory interviews. Since that case involved a clerk being investigated by the Weingarten Company, these rights have become known as Weingarten rights.

    If you are called into a meeting with any management representative and have reason to believe that disciplinary action may result, you should invoke your right to have a shop steward present. 

    UPS Teamsters cannot waive their right to union representation until a shop steward is present. (See: Right to Union Representation for UPS Teamsters.)

    If you do NOT work at UPS and you are called into the office you should do the following:

    • Ask your supervisor if you might be disciplined as a result of the interview.
    • If he/she says, "NO," ask for a written statement to that effect.
    • If he/she gives you such a statement, you must participate in the interview.
    • If not, read him/her your Weingarten rights, remain for the meeting, take notes, and afterwards immediately contact your union representative.
    • If the supervisors says you might be disciplined but will not allow you to have a union representative present, read your Weingarten rights, stay in the room, take notes, and do not respond to any questions. Afterwards, contact your union representative immediately.
    • If he/she allows your union representative to be present, you should participate in the interview. (See: What to Do If You’re Called into the Office)

    Click here for a downloadable card with your Weingarten Rights that you can keep in your wallet.


    Management often gives workers a hard time when we ask for a leave to take care of our medical needs or our families. One tool we have on our side in these situations is the Family and Medical Leave Act (FMLA).

    Below are questions and answers about what rights you have under the FMLA. If you have more questions, talk to your shop steward or business agent.

    What is the Family and Medical Leave Act (FMLA)?

    The federal law that gives workers at most companies the right to take up to 12 weeks of unpaid family and medical leave within a 12-month period. It can be taken in the case of a serious illness; to care for an incapacitated family member; or for pregnancy, childbirth or adoption.

    What employers does the FMLA cover?

    • All private-employers with 50 or more employees.
    • All public agencies (state, local and federal).

    What workers does the FMLA cover?

    • Workers who have worked for a covered employer for at least 12 months and who have worked at least 1,250 hours in the last 12 months,
    • And whose company has at least 50 workers at their worksite or other locations within 75 miles.

    Under Art. 16, Sec. 6 of the UPS national agreement, employees who have not worked enough hours in a year to qualify for FMLA leave, but who have worked at UPS at least three years and have worked at least 625 hours in the last 12 months, qualify for six weeks leave.

    What kind of leaves are covered?

    • Medical leave—for a serious health condition that prevents you from performing your job.
    • Family leave—to care for a seriously ill spouse, child or parent.
    • Pregnancy and newborn care leave—for childbirth and care of a child up to one year of age.
    • Adoption and foster parent leave—for placement of a child with you for adoption or foster care.

    How much leave can I take?

    Up to 12 weeks (or 60 work days) of unpaid leave within a 12-month period. The time doesn’t have to all be taken in one block. For example, you could take off three 20-day blocks of time during the 12-month period.

    Even a one-day leave is covered if it is for a long-term condition. Doctor appointments are covered if they are for necessary treatment and can’t be scheduled on non-work time.

    What are additional benefits and restrictions for newborn care leave?

    • Fathers can take FMLA leave even if not married to the mother of their newborn child.
    • Gay parents can each take 12 weeks of leave if one of the parents gives birth to a child or if the couple adopts a child or takes in a foster child.
    • Parents do not have a right to take intermittent newborn care leave. Each leave must be taken in one continuous period in each leave year.
    • A mother or father who takes less than a 12-week leave after childbirth can take FMLA leave during the remainder of her/his leave year if the child has a serious medical condition.

    What qualifies as a “serious health condition” under the FMLA?

    A serious health condition can be an illness, injury, or physical or mental impairment. It must cause “incapacity,” which is defined as an inability to work or perform regular daily activities.

    An incapacity is covered if it:

    • Requires more than three consecutive days of treatment,
    • Requires an overnight hospital stay,
    • Is due to a long-term serious health condition, or
    • Is due to pregnancy.

    Examples of chronic conditions covered by the FMLA include asthma, diabetes, cancer, stroke, severe arthritis, heart disease, migraine headaches, and clinical depression. Alcoholism and drug addiction can also qualify as serious health conditions.

    What is not covered?

    Illnesses that wouldn’t normally incapacitate someone for more than three days are usually not covered. Some examples are cold, flu, ear infections, minor ulcers, teeth extractions and bronchitis.

    How much notice do I have to give the company before I take a leave?

    Thirty days for a foreseeable absence. If your absence was unforeseeable, you must give your employer notice “ASAP,” usually meaning within two days of learning you will have to be absent. You have to tell your employer that the leave is because of a serious condition or some other qualifying reason under the FMLA.

    Do I have to show my employer my medical records?

    No, but the employer can require that you provide a certification signed by your physician that you have a serious health condition that requires you to take time off or work a reduced schedule.

    The employer has to request the certification in writing. Once you have submitted your medical certification, the company cannot request more information or records from your doctor.

    You can use the Department of Labor’s WH-380 “Certification of Health Care Provider” form. It’s available online here.

    Can the company make me get a second opinion?

    Yes, but they have to pay for it, and they cannot send you to a physician that works directly for them or does regular business with the company. If the second opinion conflicts with your doctor’s, they can require a third opinion. The employer has to pay for it, and you and the employer have to agree on the doctor.

    Can UPS force me to use FMLA if I have work restrictions because of a pregnancy?

    Because of legal action taken against UPS, the company has agreed to a new policy that: “Light duty work will be provided as an accommodation to pregnant employees with lifting or other physical restrictions to the same extent as such work is available as an accommodation to employees with similar restrictions resulting from on-the-job injuries.

    Can management make me take light-duty work instead of a leave?

    No. But once you have run out of FMLA leave time, you can be ordered on light-duty work.

    You can always voluntarily take light-duty work if the employer offers it. Time spent performing light duty work does not count against your FMLA leave time.

    Does the company have to pay me while I am on FMLA leave?

    No, but you can use vacation, leave or sick pay that you are due.

    What happens to my health benefits while I am on leave?

    Your employer is obligated to continue contributing to your health coverage.

    Do I keep the same job and seniority when I return?

    Yes. But if your old job is unavailable for a legitimate reason you can be placed in an equivalent position, as long as the contract is not violated.

    Can I work a reduced schedule?

    The employer is required to give you part-time work if you can’t work full-time because of a serious health condition or because you have to care for a seriously ill family member. This includes 12 full-time weeks of FMLA leave, equal to 480 work hours.

    For example, if you need to work four-hour shifts, you could do so with FMLA protection for 120 days in one 12-month period (120 days x 4 hours leave per day = 480 work hours). A reduced schedule might also be required in some cases under the Americans with Disabilities Act.

    What about pregnancy and childbirth?

    A mother can take up to 12 weeks of childbirth and newborn care leave. When she asks to return, she must be reinstated within two days to her original job or an equivalent job. The employer is not required to give workers taking childbirth or newborn care leave a part-time work schedule.

    Newborn leave can be taken until a child is one year old. A father—married or unmarried—can also take up to 12 weeks off to help care for a newborn child. But if both parents work for the same company, the employer can restrict the total leave for both parents to 12 weeks combined.

    Adoptive parents or foster parents can also take up to 12 weeks of FMLA leave during the year following adoption.

    When can I take time off to care for family members?

    You can take time off to care for a spouse, child or parent who is incapacitated by a serious health condition. This includes adopted children and step-children. It does not include grandparents. The family member is considered incapacitated if they cannot work, attend school or perform regular daily activities for more than three days.

    Can I file a grievance over an FMLA violation?

    Yes. Most Teamster contracts have a clause in which the employer agrees to abide by state and federal laws, which includes the FMLA. The FMLA is also specifically included in Article 16, Section 6 of the UPS contract. 

    NOTE: The UPS contract contains language improving on FMLA rights. Under Art. 16, Sec. 6, employees who have not worked enough hours in a year to qualify for FMLA leave, but who have worked at UPS at least three years and have worked at least 625 hours in the last 12 months, qualify for six weeks leave.

    Art. 16, Sec. 4 protects maternity leave for as long as a doctor says you are unable to work. It also allows you to bank paid time off until the next vacation year to cover pregnancy leave not covered by the FMLA.

    Can I file a complaint or lawsuit?

    You can file a complaint with the Department of Labor Wage and Hour Division or file a lawsuit in federal court. The statute of limitations is two years, or three years if it is a willful violation.

    Right to Union Representation for UPS Teamsters

    UPS Teamsters have the right to union representation whenever management is conducting a investigation of any kind. This includes investigations into accidents or questions in the office about production numbers of what happened on the route that day—even if there’s no disciplinary action on the table.

    When it comes down to it: if management is asking questions as part of any investigation, you have the right to a shop steward. Period.

    The bottom line is no member should ever waive their right to union representation.

    Until a shop steward is present, management cannot start the meeting or ask questions.

    These rights are all spelled out in Article 4 of the contract. But UPS management, including Loss Prevention, frequently violates the contract by questioning members on the side and coercing members to waive their rights to union representation without any shop steward present.

    Local 804 took this issue to arbitration—and won. The arbitrator ruled that a member cannot waive their right to union representation until a shop steward is present. The bottom line is no member should ever waive their right to union representation.

    The Arbitrator made his ruling clear:

    “The Employer [UPS] shall provide the Union, pursuant to Article 4 of the Master Agreement, with advance notice whenever it plans to meet with a bargaining unit employee concerning grievances or discipline or investigatory interviews. Such notice shall be sufficient to allow a steward to be present at the start of the meeting and throughout, except as provided herein.

    “In those cases when the Company is unable to provide sufficient prior notice, the meeting shall not be held or continued until a steward or alternate steward is present.

    “The Company may not solicit or receive from an employee a waiver of Union representation in the absence f a steward.

    “The Union representative may offer advice to or answer questions from the employee prior to the execution of the waiver and other matters which are the subject of the meeting. The Steward must leave the meeting upon request of either the Company or employee following execution of such waiver.”

    Click here to download a copy of the Arbitrator’s Award.