Teamsters' 2008 Legislative Priorities for the 110th
Congress
The Government Affairs Department closely follows
legislative and regulatory issues that impact Teamster members and their
families. Below is a list of top issues that will maintain and grow good
jobs at home, protect workers at their jobsite and help provide our members
with good wages and benefits. As Congress changes its focus and we identify
other priorities affecting our members, our agenda will be modified
accordingly.
Employee Free Choice Act
The Teamsters will continue to fight for passage of this
important bill. A bipartisan coalition reintroduced the Employee Free Choice
Act (EFCA) in February 2007 (S. 1041 and H.R. 800) and the House bill passed
by a 241-185 vote. The act would strengthen protections for workers to
choose to form a union. It would require employers to recognize the workers’
union after a majority sign cards authorizing representation. It also would
provide for mediation and arbitration of first-contract disputes, and would
authorize stronger penalties for violation of the law.
Mexican Truck Pilot Program
The Teamsters will continue to fight to keep our borders
closed to unsafe Mexican trucks. Transportation Department officials have
implemented a pilot program, despite Congress’ action to shut off funding
for the program, which initially allows 100 Mexican carriers access to the
United States beyond the currently permitted commercial zones. Mexican
trucks and drivers have not met all safety requirements, especially hours of
service, drug and alcohol testing, and hazmat background checks. In
addition, the database of driver violations for Mexican truckers is lacking
accurate and complete information.
Worker Misclassification
Worker misclassification puts the economic and
retirement security of working families at risk. By misclassifying workers
as “independent contractors,” the employer evades basic federal and state
labor standards and tax obligations. Misclassified workers lose important
rights and benefits, such as overtime, job-protected leave, unemployment
insurance, workers’ compensation, the right to organize, and legal
protections from discrimination, safety and health violations.
Misclassification hurts law-abiding businesses. Employers who misclassify
gain an unfair competitive advantage over employers who play by the rules.
This practice also results in billions of dollars in lost revenues for
federal and state governments in the form of unpaid and uncollectible income
taxes, payroll taxes, unemployment insurance, and workers’ compensation
premiums. The Teamsters Union supports legislation to close loopholes,
improve meaningful penalties and strengthen the enforcement of laws against
misclassification.
Minimum Wage
Teamster members generally make more than the minimum
wage, but all workers should have an opportunity to earn a living wage from
their hard work. Holding all employers to a minimum standard protects
workers and small businesses against unscrupulous employers who might
otherwise take advantage of workers and compete at cut-rate prices. The
Teamsters Union will support legislation to increase the minimum wage to
$9.50 per hour by 2011 and then make the minimum wage subject to an annual
adjustment.
Health Care
Now is the time to make universal health care a reality.
Despite a 7.7 percent rise in costs over the last year, benefits are being
reduced. Close to 16 percent of all Americans do not have any health
insurance. Eighty percent of the nearly 47 million uninsured Americans are
from working families. Quality, affordable health care for all Americans
must be a priority for this Congress.
Retirement Security
We must ensure that all Americans are provided with
retirement security and work to reverse the decline in defined benefit
pension plans. More than 40 percent of working families are in danger of not
having enough retirement funds to ensure an adequate standard of living.
Rail Safety
The Brotherhood of Locomotive Engineers and Trainmen (BLET)
and the Brotherhood of Maintenance of Way Employes (BMWE) became part of the
Teamsters Union more than two years ago. As such, the Teamsters Union is
concerned that rail workers continue to be injured and killed on the job as
a result of lax safety regulations and/or little or no enforcement of laws
already on the books. Fatigue continues to be a major threat to rail safety,
yet the railroads push employees to the limit, often keeping some on duty
past their regular hours of service through the use of limbo time. H.R.
2095, the Federal Railroad Safety Improvement Act of 2007, which passed the
House last year, makes significant strides in improving rail safety by
severely restricting the use of limbo time, where a worker cannot sleep, but
must remain vigilant, and in most cases is not paid for this additional
work. The legislation also improves safety by requiring the installation of
signals in dark territory (unsignaled track) and also contains positive
train control requirements.
Trade Policies that Work for Workers
The U.S. faces a trade crisis. This crisis has been
fueled by U.S. trade policies consisting of just more bad free trade
agreements (FTAs) that only benefit the CEOs of multinational companies
rather than creating jobs here at home or making sure that our trade laws
are enforced. The Teamsters are fighting for trade and globalization
policies that will ensure that jobs are not off-shored to the lowest bidder,
and policies are implemented that will in fact stop unfair trade, improve
labor standards globally, stop the manipulation of currency, protect our
families from tainted imports, stop the importation of sweatshop-made goods,
and that finally creates and keeps jobs in the U.S.
Colombia, Panama, and South Korea Free Trade
Agreements
These free trade agreements are almost identical in
every way to previous agreements that follow the flawed NAFTA/CAFTA model.
There are insufficient labor and environmental protections, and the FTAs
would encourage U.S. companies to move overseas. Also, the assassination of
union activists and impunity that exist in both Colombia and Panama are an
outrage and are totally unacceptable. No one should ever lose their lives
fighting for their right to organize—and our government should not attempt
to reward such impunity thru passage of an FTA.
Overtime Pay for Drivers
The Teamsters have blocked several attempts by a
coalition business interest to reverse a change in SAFETEA-LU (Safe,
Accountable, Flexible, Efficient Transportation Equity Act – A Legacy for
Users) that allows drivers of vehicles 10,000 pounds or less to be paid
overtime. This change in the 2005 highway bill removed this class of vehicle
from the authority of the Transportation Department Secretary, and
consequently removed drivers of these vehicles from the Motor Carrier
Exemption to the Fair Labor Standards Act. It is estimated that close to 1
million workers are now eligible for overtime pay. The Teamsters will
continue to fight any attempt to reverse this law.
Amtrak
The nation’s passenger railroad continues to be starved
for cash and has received only enough funding to fail for more than a
decade, forcing the carrier to defer capital maintenance to an unacceptable
level. The White House has stocked the Amtrak board with ideologues whose
goal is the dismantling and privatization of the system. The Teamsters Rail
Conference and all of rail labor are committed to securing full funding for
Amtrak to address all deferred issues and to provide a base for growth in
the 21st century.
Background Check Uniformity/Redundancy
The Teamsters Union has been in the forefront of
protecting workers’ rights and privacy, and limiting offenses that
disqualify them from earning a living, since Congress enacted legislation
requiring additional background checks for workers after 9/11. Improvements
were made in limiting disqualifying offenses for drivers who haul hazmat,
giving them the right to appeal and limiting look-back periods for
disqualifying offenses. That model is the basis for the Transportation Work
Identification Credential (TWIC) for port workers. The Teamsters will
continue to push the Bush administration and Congress to make worker
background checks uniform and less intrusive across the transportation
modes. The Teamsters will also work to ensure that workers do not have to
bear the burden or expense of undergoing multiple background checks to
satisfy security requirements in various sectors of the industry.
Commercial Driver Licenses/Personal Vehicle Violation
Relief
Teamsters who incur serious traffic offenses while
driving personal vehicles face suspension or revocation of their commercial
driver license (CDL) driving privileges. This provision was part of the
Motor Carrier Safety Improvement Act that passed the Congress and was signed
into law in 1999. The Teamsters Union fought these changes in Congress and
in the regulatory arena, filing a petition for reconsideration with the
Transportation Department. Some improvements were made as a result of this
action, but some Teamsters are facing suspensions/revocations of their CDLs
and possible termination from employment because of these laws. Hardship and
temporary “work only” licenses have been eliminated. The Teamsters Union is
urging Congress to review this law and will continue to work to ease these
onerous restrictions.
Federal Prison Industry Reform
Federal prison industries continue to unfairly compete
with the private sector by using cheap prison labor and limiting competition
for federal contracts. The Teamsters will continue to support and work for
passage of legislation that removes these barriers, allows the private
sector to compete on a level playing field, and restructures programs to
rehabilitate federal inmates around effective vocational training linked to
a solid remedial education program.
RESPECT Act
A strategy often used by employers to deny workers a
voice on the job is to narrow the group of employees entitled to join a
union. This is done by expanding the group of employees they label as
supervisors, since supervisors are exempt from coverage under the National
Labor Relations Act (workers designated as supervisors may not join a union
or engage in collective bargaining, and can be legally fired for union
activity). Recently, the National Labor Relations Board voted to deprive
millions of workers of the legal right to join a union by greatly broadening
its interpretation of the statutory exemption for supervisors to include,
for example, nurses who serve as shift supervisors on a periodic, rotating
basis, or a construction worker who provides incidental instruction on a job
site. The Teamsters Union will work to pass the RESPECT Act (H.R. 1644/S.
969), legislation that would restore the intent of the law regarding
characteristics of a genuine supervisor and protect key workplace rights of
employees who are not, and have never previously been viewed as
supervisors.
Aircraft Maintenance Outsourcing
Major U.S. domestic air carriers dramatically increased
outsourcing in recent years, and now spend nearly two-thirds of their
maintenance dollars on contract repair stations here and abroad, including
facilities in China, El Salvador, Mexico and the Philippines. Foreign repair
stations are not required to have the same number of FAA-certificated
mechanics, or the same security rules, as airline-owned repair facilities in
the U.S. These foreign repair stations do not undergo the same depth of FAA
inspections as domestic stations, have no drug and alcohol testing
requirements for their workers, and security is almost nonexistent, with no
background check requirements for workers. Teamsters Union mechanics are
urging Congress to impose a moratorium on any further outsourcing of
aircraft maintenance by the country’s airlines until there are uniform
maintenance standards both here in the U.S. and abroad, and proper FAA
oversight, because current practices endanger passenger safety and national
security.