New York has approved a $15/hour minimum wage for Fast Food workers. But starting pay for part-timers at UPS will be frozen at just $10 an hour through 2018. That makes no sense.
UPSers do back-breaking work. It’s time to win minimum pay of $15 an hour. That will position us to win higher wages for every UPSer in the next contract.
Political leaders, including Governor Coumo, have called for a new minimum wage of $15 an hour. That opens the door for us to win our Fight for $15.
But anti-worker politicians in the State Legislature are standing in the way.
Local 804 is launching a new campaign to put the heat on anti-worker politicians who are blocking pay increases for Local 804 members and other hard-working New Yorkers.
Click here to show your support for the Fight for $15. Local 804 members will deliver thousands of signatures to elected officials—and we will take the fight to politicians until we win the Fight for $15.
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.
Retire 804: Helping Local 804 members and their families make smart decisions with their money.
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.
Labor Union benefit services offers insurance coverage in case you’re out of work on disability because of an accident, injury or illness.
LECMPA offers insurance in the event that you suffer lost time because of suspension or termination.
Morici & Morici offers affordable legal services to Local 804 members.
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.
Local 804 won a $4,000 pension. Now we are fighting to reduce the cost of retiree healthcare to make it even easier for you to retire.
Local 804 has proposed reducing the cost of retiree healthcare to $200 per month for individual coverage, $300 for member and spouse coverage, and $450 for family coverage.
Under the law, the company controls half of the Trustees on our Health Fund. UPS has used that power to stonewall and block the improvements.
Local 804 is taking this fight to the next level. On November 23 we are taking this fight to arbitration where we will win improvements that cut the cost of retiree healthcare.
Part-time pay at UPS is set by the national contract which was negotiated by Ken Hall and the International Union.
During contract negotiations, Local 804 members demanded higher part-time wages and voted against the national contract, but the contract was approved by a slim margin nationwide.
Our fight for higher part-time pay continues through our Fight for $15 campaign. Winning $15 starting pay at UPS will put us in a stronger position to winner higher pay for every part-timer in the next contract.
Part-timers deserve other improvements the next contract too, like more guaranteed hours and more full-time job opportunities. The Fight for $15 is part of a broad strategy to win a better future for every UPSer. Show your support today.
“No one should be making poverty wages at UPS when the company is making billions. Local 804 is Fighting for $15 an hour starting pay—and higher wages for every UPSer.”
- Elvis Venzem, Clerk
A Special Membership Meeting will be held for the purpose of nominating candidates for the President, Secretary Treasurer, Vice President, Recording Secretary, three Trustees and six Business Agents of Local 804. The terms for these officers will begin on January 1, 2016 and end on December 31, 2018.
The meeting will be held on Sunday, October 18, 2015 at 10:00 a.m. at Plattdeutsch Park Restaurant at 1132 Hempstead Turnpike, Franklin Square NY.
New Contract Delivers Improvements
UPS Teamsters across the country were hit with contract givebacks. In Local 804, we stuck together and won the best contract supplement in the country.
Our unity at contract time is making a difference in members’ lives every day in the form of more summer vacation, more full-time jobs, a pension increase and a new grievance procedure that’s getting members faster justice.
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:
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?
What workers does the FMLA cover?
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?
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?
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:
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.
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.”