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Vol. 32 No. 6 November-December 2010
Security -
Your Union Contract
During our 2010 Steward’s Education Seminar Steward is one of your co-
one of our educational sessions analyzed an anti- workers who assists in
union propaganda video that was shown to new handling problems and answering questions about
employees of a particular non-union company to the contract and the union. We also have Union
discourage and scare the new employees from Representatives (Union Rep) who are employed
thinking that they need a union. by Local 1059 and are responsible for helping
In that session, we watched sections of the video union members deal with problems with their
and discussed how the non-union employer was employers. You will not see a Union Rep every
taking a positive union benefit and trying to portray day, but all Local 1059 Union Rep’s are responsive
it as negative. However, we used this piece to to the Local 1059 membership. Every store/plant
emphasize the value that unions negotiate for Continued on page 3
workers.
Going down that same path, I thought it would
be useful for all Local 1059 members to have a brief
refresher on what Local 1059 does for you; and how
best to get your maximum benefit as a Local 1059
member. This article focuses on our core benefits
that are delivered as part of your union contract.
Throughout the rest of the Unionwize, you will see
other benefits and programs that you can be part
of with Local 1059 membership.
What is Local 1059?
Local 1059 has over 17,000 workers who unite
to protect their rights on the job. Local 1059 is a
chartered member of the UFCW International
Organization with other UFCW unions across the
United States and Canada, representing 1.3 million
workers. We must keep members informed, active
ABC Raffle Winner
and involved to be a successful union. Local 1059
helps workers to protect their rights, negotiate their Tanveer Darakhshan (Kroger 273)
contracts and resolve workplace problems. Tanveer elected to receive $1,000 instead of
Remember that a union is only as strong as its a 46” Samsung TV and Blu-ray player. Pictured
members.
from left: President Quickel, Tanveer, Secretary-
How do I get information about Local 1059.
Treasurer Fluharty and Union Representative
Local 1059 has several groups of people who
are there for the purpose of representing you. The Bobbie Fletcher.
Randy Quickel
President/Editor Table of Contents . . .
Mark Fluharty
Secretary-Treasurer Officers’ Reports
Greg Behnke Randy Quickel, President ........................................................... Cover
Executive Assistant to the President Security – Your Union Contract
Barbara Fletcher
Recorder Greg Behnke, Executive Assistant to the President ....................... 7
What is Theft?
Paul Smithberger Tina Morgan
Communications Director Organizing Director
Mark Fluharty, Secretary-Treasurer .................................................. 8
Rick Gregory Allie Petonic
Education Director Political Director Collective Bargaining 2010 – The Year in Review
Union Representatives
Rhonda Helcher Diana Marlette Features
Barbara Fletcher Tom Gartner
Mark Hertenstein J. R. Berroyer
Mark Dersom Mike Nichols
John Smith Carlos Stiffler Ten Health Tips for Winter ................................................................. 6
Sylvester Carothers Neil Hertenstein
Brian Perkins John King UFCW Local 1059 Hunter Safety Course ......................................... 8
Brenda Loper Allison Appel
Mack Quesenberry Anthony Bridges
We Couldn’t Have Done it Without You ......................................... 9
UFCW Local 1059 UnionWize (USPS 567- 2010 Negotiating Committees
310) is published bi-monthly by UFCW Local
1059 at 4150 E. Main St., Columbus OH
43213-2962. Periodicals Postage Paid at Community Service Corner .............................................................. 11
Columbus OH.
POSTMASTER: Send address change to
UFCW Local 1059, 4150 E. Main St.,
Columbus 43213-2962.
LETTERS TO THE EDITOR intended for
publication are welcome and should be
addressed to UFCW Local 1059, 4150 E. Main
St., Columbus, Ohio 43213. They should Legal Help Provided
include the writer’s full name, address, union
affiliation, company, store number, and its An attorney from the Law Offices of Leonard S.
location. Letters may be edited for clarity or
space.
Sigall will be at the Local 1059 office, 4150 E.
Main Street, Columbus, Ohio, on January 11th and
February 8th from 1 P.M. to 5 P.M. Members may
call 614-866-4025 for an appointment. There will
be no consultation charges.
Continued from page 1
has a designated area for a Local 1059 bulletin board hired where the company has a chance to evaluate
usually located near the breakroom area. The bulletin you). The company must show that they had a reason
board has information about your union and to discharge or discipline you.
telephone numbers to contact us (Shop Card). Local 2) Seniority: Quite simply the longer you are
1059 also has Local Union Officers who are in charge employed the more benefits you receive. This is a
of running the Local Union. At the top of the Shop bedrock principle of unionism. The amount of time
Card you will see my name as President and Mark you have on the job determines some of your benefit
Fluharty as Secretary-Treasurer. We are here to make levels. For example, the contract may state that if
sure that you get proper representation. there are layoffs, the people who have been at work
What is a contract? for the longest period of time must be laid off last
A contract, or collective bargaining agreement, and the people who have been at work for the
governs the relationship between the employer and shortest time must be laid off first.
the union. It is negotiated by the union with a 3) Wages: Your contract will set rates of pay for
negotiating committee of union members from that all workers based on their classification. You know
facility or common employer under the same when you can expect guaranteed pay increases.
contract. A contract gives workers’ rights that they 4) Holidays, Vacation Days: Your contract will
would not have without a contract; it also grants the clearly spell out which days are considered holidays.
employer certain powers to be able to manage their Since many of our members work in retail, your
business needs. employer will likely still be open on those days. If
Key Contract Provisions you are required to work on a defined holiday, in
All contracts are different and you should check most cases, you will receive time and one-half
the provisions in your contract. Here are some of compensation for the work performed on that day.
the clauses included in all Local 1059 contracts: Vacation time earned will be clearly defined
1) Just Cause: You cannot be fired or disciplined within your union contract; explaining how you earn
without just cause after completion of your paid time off, process for requesting time off, and
probationary period (the period right after you are how your vacation pay will be calculated.
5) Sick Leave, and Health Care Benefits: Based
upon the length of time employed, Local 1059
members earn the right to short-term disability.
Short-term disability (STD) insurance pays a
percentage of your salary if you become temporarily
disabled, meaning that you are not able to work for
a short period of time due to sickness or injury
(excluding on-the-job injuries, which are covered by
workers compensation insurance). After a length of
time, it will also provide for an opportunity to have
access to a medical plan that is largely paid by your
employer.
In Solidarity – Pictured from left: President Quickel, 6) Pension Plans: Every Local 1059 contract has
Debbie Wieloch Giant Eagle employee Local 23 the opportunity to be a participant in a defined
(Pittsburgh), Adam Chilenski – Kroger 897, Ryan pension plan or a 401(k) with contributions from your
Doan – Kroger 867, Travis Long – Kroger 898, Tom employer. Unfortunately, with the recent downturn
Denton – Kroger 931, Tim Gay – Kroger 942, Nicole in the economy, more and more employers are not
Opielewsk Giant Eagle employee Local 23 and providing employer paid pensions. I am very proud
Secretary-Treasurer Fluharty. Debbie and Nocole of the fact that this is not true of Local 1059 contracts.
visited Local 1059 at the Columbus Area Meeting. 7) Grievance Procedure: A grievance is the formal
Debbie told her story about how she was handcuffed documentation that is filed through the union to
and arrested for talking to Giant Eagle employees in resolve violations against the contract. Within the
Pittsburgh about becoming union during their breaks. grievance the member will give detailed information,
Local 1059 employees pictured here participated in article or section of contract violated, if applicable,
Rally at Giant Eagle headquarters about Giant Eagle brief description of the incident and what the
anti-union position. Continued on page 4
3
Continued from page 3
suggested remedy of this violation should be. which might result in disciplinary action.
The grievance procedure will not help you fight I have outlined some benefits of being a Local
every unfair thing the employer does. It only helps 1059 member. We are very proud of the work that
enforce the rights that are in the contract, or rights we do on your behalf at Local 1059 and will continue
that you have by federal, state or local law, or rights that work into the future. Let me take a moment to
that come from past practices of the company. Past address an issue that is becoming more troublesome
practices are things the company has always done in – I want to go into more detail on #8 paid breaks.
the past but has stopped doing or failed to do in your Please take your breaks – within our whole industry
particular case. there has been continued pressure to schedule less
8) Paid Breaks: Your contract outlines a length hours therefore causing more of a workload for each
of time of an employer paid break depending on how individual. Many employees trying to accomplish
long you work in that day. Most contracts provide everything they have been asked to do within the
the following if you work an eight hour shift – you framework of the day – knowingly skip their breaks.
get a break for a length of time (usually 15 minutes) You should give your employer a good days work
during the first part of your shift; get an unpaid lunch for a good days pay – but you should not give them
period somewhere around the middle of your shift; more work than they are entitled to. In the long-
and then get another paid break in the last half of term, this gives the employer a false sense of what
your shift. Please consult your contract for the can be accomplished within the hours allotted. I
specifics on when you receive your breaks. know that there are instances where you might miss
9) Weingarten Rights: This benefit is guaranteed a break, but let that be the exception and not the
by the U.S. Supreme Court. Weingarten states that norm. If you are feeling pressure to not take your
an employer’s denial of an employee’s request that a breaks, let your Union Representative know – you
union steward be present at an investigatory are probably not the only one. As I mentioned earlier
interview which the employee reasonably believed in this article, we are only as strong as our members.
might result in disciplinary action constituted a Have a wonderful safe and happy holiday
violation of the National Labor Relations Act. This season.
means you have the right to ask that a steward be
present when you are being interviewed on a matter
Voting is Power
Join UFCW Local 1059 as we travel to Lawrenceburg, for a day gambling trip.
Wednesday, February 23, 2011
6
did not explain the video tape which showed
them retrieving 3 items in the same way.
What is Theft? Result: Fired - If a vending machine at the
workplace does take your money, you should
notify your supervisor and if not taken care of
By Greg Behnke
Executive Assistant to the President
report the situation to your Union Representative.
Do not try to resolve the situation by shaking/
Most people would agree that a thief is breaking/or forcing product from the vending
someone who stole money from your wallet or machine.
purse. If someone took your car, your child’s Another case involved an employee who was
bike, tools from your garage or a piece of jewelry grazing. Grazing is the term normally used
that you set on a counter for a few seconds that when an employee is eating unpaid fresh
person would be identified as a thief. unpackaged product in a retail store. This
However, many people do not view others as employee was seen eating (grazing) pieces of
they would themselves. Many people duplicate chicken, roast beef and ham while preparing a
retail movies and music, and copy professional deli tray. This same person was also seen eating
photographs. The artists that star in these (grazing) pickles and olives while preparing
movies and sing the songs and take the pictures another deli tray and later opened a box of
make a living by the sales of these items. By cookies for free samples to the customers and
people illegally duplicating these items, they are ate two of those. She stated that she was only
actually stealing from those artists. making sure that the products were fresh and
In the workplace, many forms of temptations maintaining quality. Result: Fired
are in front of us and we need to know what is The last case involved an employee who
appropriate and what is not. There have been found a necklace by the employee entrance. This
many cases of Local 1059 members over the was over a holiday weekend where very few
years accused of theft and I will highlight a few. employees needed to work. The employee
One case involved an individual in the Meat pocketed the necklace and thought no more
shop that felt it was alright to open and sample a about it. However, the lady who lost the
new lunchmeat item that the store was carrying necklace (not an employee) reported the loss to
so that he could tell customers the quality of the the management team who reviewed video
product. Result: Fired tapes trying to determine where the necklace
This case involved an employee who needed disappeared. The tape revealed that the employee
to take a couple of aspirin and went to the picked up the necklace and never turned it in to
fountain (soda) area of the store and helped management.
themselves to a half cup of pop to help swallow Result: Fired - Most Company policies
the pill. Result: Fired require all items found on the Company’s
Several cases have involved employees premises be turned into the Company.
cutting themselves or needing some cough The best rule of thumb is that if you didn’t
syrup, aspirin or ibuprofen and goes to the shelf bring an item with you or you did not pay for it,
to open whatever they need. do not eat it or take it. Also, remember most
Result: Fired - Many of the work places we retail locations have a policy about items you
represent have an area or supplies which may purchase while at work which may require a
have bottles of medications or bandages special sticker or attached receipt.
available for use by employee’s, however no one
other than management should open anything
off the shelf. Happy Holidays
An employee forced product out of a vending
machine in the break room. The employee stated to you and yours
that the machine took their money and they
were only getting the product they paid for. This Greg Behnke
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The leadership of Local 1059 is committed to
negotiating good contracts to improve the lives of
Collective Bargaining 2010 – the members we represent and I’m sure 2011 will
The Year in Review have its own challenges. We start out the year with
By Mark Fluharty
negotiations with Ohio Packing, CSS, and Meijer
Secretary-Treasurer Toledo in early spring. We will also be taking on the
Meijer Universal Benefits Agreement this year
In 2010 Local 1059 negotiated and ratified which affects all of our Meijer member’s fringe
contracts with CVS, Drew Shoes, Meijer, and Rich benefits as well as their health care. I’m sure this
Products. will be quite the challenge.
With employers trying to use the struggling
We are always looking for members to get
economy and high unemployment as an excuse for
involved in their contract. Make sure you complete
tightening their wallets, this year has been a
challenge at the bargaining table. With the help of contract surveys and return them. We use this
our negotiating committees, Local 1059 has been information along with grievances filed and input
able to negotiate good solid contracts with from the union representatives to develop our
improvements in contract language and wage contract proposals for negotiations. If you are
increases while maintaining good benefits. I can’t interested in being on a negotiating committee for
stress enough the importance of good bargaining your contract, let us know. It is your contract and
committees and would like to recognize their hard remember, you are the U in union.
work. I have often said if you want to see what your Labor Quote;
employer is really like sit with them at the “Whatever their faults Unions have been the
bargaining table and you will see. Committees have
most powerful and effective voice for all working
to be able to make tough decisions and sometimes
unpopular ones in order to get a contract both sides people”.
can live with. Bruce Springsteen
8
We Couldn’t Have Done it Without You
2010 Negotiating Committees
CVS Meijer 110 (Lima)
Rich Products
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Community Service Corner . . .
Allow me to introduce Peggy Henderson who county and are in need of assistance contact
works for Kroger (store 926) Secretary-Treasurer Fluharty at (614)237-7671 or
in Heath, Ohio in the meat (800)282-6488 ext. 213.
department. Peggy started
working for Kroger in 1986.
Peggy started as a
What’s Your Story
volunteer in January with If you are involved in your community let us
United Way of Licking know. We would like to publish your story and why
County in the labor agency it’s important to you to be involved in serving the
and works to help union folks community.
who may need assistance. Are you involved in community service? Local
Peggy Henderson
Peggy started in 2007 and got 1059 would like to recognize our members and their
Kroger 926
involved because she feels commitment to community service whether it’s
passionate when it comes to volunteering on behalf of your union or in your
helping those who are in need. If you live in Licking own community.
If you have any questions please contact: Paul Smithberger (614) 237-7671 or (800) 282-6488 Ext. 250
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New Orleans/5 Day Mexican Riviera Cruise
March 27, 2011 - April 2, 2011
7 Days/6 Nights Itinerary:
Day Port Arrive Depart
Sunday Fly to New Orleans
$1099
Per Person Double
March 27 Afternoon and Evening Free
Monday Morning sightseeing tour of
Occupancy
limited avalability
March 28 New Orleans
Embark Carinval “Triumph” Sail 4:00 p.m.
Your Vacation Includes Tuesday Fun Day at Sea
• Roundtrip Airfare March 29
• One night French Quarter Hotel Wednesday Progresso, Mexico 7:00 a.m. 4:00 pm.
• Sightseeing Tour of New Orleans March 30
• 5 Night Cruise on the “Carnival Triumph”
• Meals and Entertainment Thursday Cozumel, Mexico 9:00 a.m. 5:00 pm.
onboard the ship March 31
• Port and government taxes Friday Fun Day at Sea
April 1
Not included:
• Optional Shore excursions Saturday Disembark 7:00 a.m.
• Alchoholic beverages and soft drinks April 2 Return Flight Home
• Items of personal nature
• Cover charges in specialty restaurants
SHIP: CARNIVAL TRIUMPH
• Medical/Health cancellation, baggage
and interruption insurance
• Fuel surcharges imposed by the airlines
or cruiselines
Make first payment of $300 per person to UFCW Local 1059 and mail to 4150 E. Main St. Columbus, Ohio 43213
Attention Paul Smithberger/UFCW New Orleans. Telephone (614) 237-7671 or (800) 282-6488 ext. 250
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An example is a bill recently passed Congress,
sponsored by U.S. Senator Sherrod Brown (D-OH),
Wal-Mart Once the “Healthy, hunger-free kids act of 2010.” Senator
Again at Bottom Brown said after the bill’s recent passage in the U.S.
By Allie Petonic House, “With our economy still on the mend,
Political Director ensuring that children can still receive a low-cost or
free school lunch is critically important, and that’s
Of the many ways Union members show exactly what this bill does. It also helps ensure that
solidarity for Union brothers, sisters, and other those foods are healthier and more appealing and sets
working families is by supporting family needs important standards for foods not in the school lunch
during holidays. Our Union is familiar with efforts program.”
like the One New Toy program that supplement Senator Brown’s legislation would utilize direct
families’ holiday food needs and provide gifts where certification—a streamlined approach to determining
gifts could not be possible. family eligibility—to enroll more students in nutrition
Similar acts of charity happen throughout the programs. This approach relies on existing data to
year, but Unions also work toward economic justice promote broader participation in the national school
year-round: bargaining for family-sustaining wages lunch program. Brown’s bill would help
and benefits; attempting to bring more workers to the automatically enroll children for a free or reduced
bargaining table through organizing campaigns; price lunch if their families have already filled out
advocacy and direct action to stop layoffs, put more paperwork for the Supplemental Nutrition Assistance
people to work, and improve worker safety. Program (SNAP), the State Children’s Health
Businesses increase their charitable efforts during Insurance Program (SCHIP), or Medicaid.
holidays, too. Basic needs are met through some of In a related bill, Senator Brown also authored
these charitable efforts, through food, clothing, and provisions of a bill just passed by the Senate, the
other donations. Reputable companies (many where “FDA Food Safety and Modernization Act of 2010.”
our members work) and irresponsible companies Brown’s provisions give the Food and Drug
(Wal-Mart) carry out these campaigns. Administration (FDA) new authority to recall
dangerous foods and establish a comprehensive
Unions’ actions embrace the belief, “charity is no
traceability system to quickly and accurately trace the
substitute for justice withheld,” words that some
source of tainted food in the event of a foodborne
religious faiths attribute to St. Augustine. Unions’
illness outbreak. Food safety is important to food
actions demonstrate that charity is not enough, and
workers’ safety and productivity and consumer
it’s why Unions advocate for policy changes that keep safety. Brown’s goal “is to make food safety a
families out of poverty and bring families out of foregone conclusion, and this legislation moves us
poverty. significantly closer to that goal.”
Must be 21 to TEXAS HOLD’EM Entry Fee
participate $25.00
Date: Friday, January 21, 2011
Place: UFCW Local 1059
4150 E. Main Street
Columbus, Ohio 43213
Time: 7:00 pm Limited to first 48 participants
If you have any questions please contact: Paul Smithberger (614) 237-7671 or (800) 282-6488 Ext. 250
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Events & Meetings New Member Orientation
New Member Orientaion is new and improved starting in
Cleveland Browns, Sunday December 26, 2010 Aprill 2011.
Texas Hold’Em, Friday January 21, 2011
Columbus Blue Jackets, Tuesday February 1, 2011
Hollywood Casino, Wednesday February 23, 2011
Corn Hole Tournament, Friday February 25, 2011
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PENSION OFFICE Paul Smithberger 250 Carlos Stiffler 218
(614) 237-7423 or Administrative Office 223 Dues Office 229
toll-free (800) 282-6483 Organizing Director 235 Service Director 222
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United Food & Commercial Workers periodical postage
paid at Columbus, OH
International Union, CLC
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TO All UFCW Members – The Local 1059 Staff and I want to wish you
and your families a safe, healthy, and special holiday season!
Randy Quickel Mark Fluharty
President Secretary-Treasurer
Greg Benhke
Executive Assistant
Carlos Stiffler Bobbie Fletcher Mark Hertenstein Brian Perkins Neil Hertenstein
Allison Appel Tom Gartner Amy Jeffers Allie Petonic Anthony Bridges
J R Berroyer Janice Gillenwater John King Mack Quesenberry
Sylvester Carothers Rick Gregory Julie Klein Ryan Berroyer
Brenda Loper Mike Nichols Sue Lilly John Smith
Mark DelCecato Carolyn Hamilton Diana Marlette Paul Smithberger
Mark Dersom Rhonda Helcher Tina Morgan Cliff Walker
President Quickel and Secretary-Treasurer Fluharty with new stewards, pictured during training on November 5th