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Contract meeting

Dear Brothers and Sisters,
 
Teamsters local 127 may have had our last contract meeting; we need to tighten up some language a bit and get it all in black and white.
 
As soon as Teamsters get a draft of the new contract, we will get it to all you deserving members.
 
In Solidarity,
Brother George

George E. McGilloway
Secretary-Treasurer/Principal Executive Officer
Teamsters Local 127

Urgent News

The Teamsters and all unions had a meeting today with DOT Highway Administrator Jonathan Gulliver and he stated that DOT is going to use outside contractors to fill your jobs If you do not get vaccinated and self ascertain  by October 17.2021.


Jonathan also stated he did not want to do that and stressed how important that everybody be vaccinated and completed by October 17.2021.


Teamsters Local 127 is still at the bargaining table over this illegal mandate. Our attorney put them on notice that it is against the law to mandate a policy without first bargaining. DOT still unlawfully set an illegal mandate regardless of their obligation.

Please, if you need your job get vaccinated.

In Solidarity,
Brother George

Pay Inequities

Very Important!
 
Dear brothers and Sisters,
 
Please contact the Local 127 Union Hall If you are a supervisor and/or boss that is making less compensation than your subordinates.  As you may know, the DOT hired MEO’s one and two’s that are making more than some of the Teamsters already on the job.  Please contact this office immediately to discuss.
 
In Solidarity,
Brother 
George


George E. McGilloway
Secretary-Treasurer/Principal Executive Officer
Teamsters Local 127

COVID vaccine mandate – legal update

Memorandum and Order on Plaintiff’s Motion for Preliminary Injunction

Dear Brothers and Sisters,

We have received the following letter from our lawyer, Al Gordon:

As you know, we are still at the bargaining table with MassDOT on the COVID mandate and are still arguing to get the arbitrary October 17 deadline pushed off while we try to urge the Department to agree to a testing alternative or some other alternative for those members who choose not to vaccinate.  As you also know, the larger state-wide unions have a head start on their bargaining and thus also have a head start on legal proceedings both at the DLR and in the Courts.
 
The one Union furthest out ahead is the State Police Association of Massachusetts (SPAM), which has already filed charges at the DLR and filed for an injunction in the Superior Court.  I reviewed their filings, spoke with their counsel, and attended the Court hearings on Wednesday morning.  SPAM’s attorney argued the case forcefully and intelligently, but despite his strong efforts, the Court issued its ruling late yesterday (attached) denying SPAM’s request for an injunction.  While the Court didn’t accept the Commonwealth’s argument that the Court lacked jurisdiction, the Court ruled that SPAM failed to show irreparable harm and also that the granting of the injunction would be against the public interest.
 
As a legal matter, in order to get an injunction in any case, the petitioner has to prove three things: (1) that it has a likelihood of success on the merits, (2) that it would suffer an irreparable harm absent an injunction, and (3) that the harm to the petitioner in not getting an injunction outweighs the harm to the  public in granting the injunction.  Here, the Court didn’t bother addressing the first prong (likelihood of success at the DLR) and instead focused on the second and third prongs.  As relates to the second prong — irreparable harm — the Court concluded (as have basically all other courts in other states that have addressed this question) that the only harm is economic and that the harm is therefore not irreparable.  According to the Court’s view, an employee is free to refuse to be vaccinated while negotiations are ongoing and, if that person gets fired, the DLR has the power to order the employee reinstated and paid backpay if the Union is successful at the DLR.  As relates to the third prong — public interest — the Court found that Commonwealth’s interest in protecting public health and safety outweighs the Union’s interest in enforcing its bargaining rights.
 
As a matter of principle, I disagree with the Court’s ruling, but as it is in line with every other court decision I’ve read, I feel confident in asserting that we would be unable to obtain an injunction and that the October 17 deadline is therefore unstoppable at this point.  We will continue to negotiate with the Department, and we will likely file charges with the DLR after our next negotiating session next week, but those proceedings will take many months to complete.  In the intervening time, members who intend to get vaccinated should do so now, members who would assert religious or medical accommodations should apply for those immediately, and members who choose not to vaccinate for other reasons must make their decisions knowing that they may face discipline up to and including termination while the bargaining process and DLR charges continue to play out and that there is no guarantee that we will be successful in overturning the mandate either at the bargaining table or at the DLR.
 

Please let me know if you or your members have any questions at this juncture.

News

General Membership Meeting to be held at the Auburn Elks Lodge
754 Southbridge St.
Auburn Ma, 01501

On October,19.2021 At 5:00 pm

At this meeting: Nominations for officers

In Solidarity,
Brother George

Notification of Nomination and Election

Vaccine Announcement from the Commonwealth of Massachusetts

Hello All,
 
Attached please find a copy of information and forms related to the Covid-19 vaccine mandate and the process for employees to demonstrate compliance with the mandate. They include the following:
 
Thank you
Olinda
 

Olinda R. Marshall

Massachusetts Department of Transportation

Human Resources – Chief Labor Negotiator

Update

Dear Brothers and Sisters,
 
Governor Baker’s Executive Order 595 Mandate 08.19.2021
 
We the Teamsters Local 127 were the first Union to ask DOT to cease and desist this 595 mandate and demanded to bargain over it  DOT met with the Teamsters twice and we have a third round next week. Teamsters Local 127 have made many calls to the IBT in D.C. and to Joint council 10 here in New England to no avail.
 
Make no mistake about it: we the Teamsters believe it is an individual’s choice to take or not to take any vaccine; this is the USA, not Russia.  Having said that,our attorney has informed this office that the mandatory vaccine is inevitable Please be advised that all DOT employees need to get vaccinated and DOT assured Teamsters
that as long as an employee is in the process of getting the vaccine before Oct,17.2021 no progressive discipline will be levied on any Local 127 member.
 
Thank you for understanding.
 
In Solidarity,
Brother George

 
George E. McGilloway Secretary-Treasurer/Principal Executive Officer
Teamsters Local 127

New Hires

Dear Brother and Sisters,
 
Teamsters are aware of the fact that some new hires are coming on the job at higher rates of pay and grade.

We have our attorney looking into it  Our contract states – and DOT knows this – that all new hires start at the lowest pay and grade.
 
This Local will get to the bottom of this issue and make whole any affected members.  Or simply start the new hires at lowest rate and grade.
 
As for the DOT, common sense is very uncommon.
 
In Solidarity,
Brother 
GEORGE

Union Update

Dear Brothers and Sisters,

Governor Baker signed an executive order # 595 without first bargaining with the Teamsters Local 127.  It mandates that by October 17 all Local 127 members need to be vaccinated from COVID-19.

Teamsters filed all the appropriate charges and we will fight them on this.  Absolutely NO one will take the vaccination if they DO NOT want it, either by a doctor’s note or by your religious beliefs.

In Solidarity,
Brother GEORGE

Contract News for Unit D Only

Hi All,

Unit D only: you need to take a look at Unit D proposals and vote before Tuesday Aug,17.2021.  If you did not receive an Email from Teamsters Local 127, that means we do not have a valid email for you. Teamsters sent out to all unit D members using their state emails – some were not valid.  Please call the union hall and update your email.
Thank you.

In Solidarity,
Brother GEORGE

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