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August 23, 2017
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Teamsters With Allentown Housing Authority Vote to Authorize Strike
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CalPortland Strike Ends and Larger Strike Avoided as Teamsters Members Ratify a Contract
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Teamsters Local 986 Demands Worker Retention at Hard Rock Hotel, Las Vegas
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Child Abuse Registry
Updated On: Aug 29, 2011

  Pursuant to New Jersey Law, a finding that a parent or guardian committed child abuse or neglect results in the abuser's name being placed on the Department of Youth and Family Services (DYFS) Child Abuse Registry. A listing on the Registry can have negative consequences on future employment, and also may preclude recreational involvement with kids such as serving as a coach. Two recent New Jersey Supreme Court decisions have refined the definition of "child abuse" and "neglect" in the State, and have limited the circumstances in which a parent may be placed on the Child Abuse Registry.

   In DYFS vs.T.B., 2011 WL 3425666 (NJ Sup. Ct. 2011), the Supreme Court held that a mother who accidentally left her four year old child unsupervised for two hours, believing that the child's grandmother was home, did not "neglect" the child and deserve to be on the Registry. More specifically, the mother and child lived with the child's grandparents. The mother and child lived in the downstairs portion of a ranch-style home, and the grandparents lived upstairs and frequently supervised the child. One Sunday evening,  the mother and child were returning home from visiting family when the child fell asleep in the car. Upon arriving home, the mother saw the grandmother's car in the driveway and assumed the grandmother was at home (according to the mother and grandmother, the grandmother was "always" home on Sunday evenings). The mother put the child to bed and went out to dinner with a friend. However, the grandmother was not home that evening, and the child panicked when he woke up without any adult supervision. He crossed the street and went to a neighbor's house, who called the police. The mother returned home between 9:30pm and 10:00pm, found the police at her house, and was transported (but not arrested) to the police station to make a statement.

   Therafter, DYFS conducted an investigation, and held that the mother neglected the child by failing to adequately supervise him. The Appellate Division affirmed, but the Supreme Court reversed the decision, holding that a parent only commits child neglect if he/she fails to exercise a minimum degree of care in supervising the child, which requires conduct that is grossly negligent or reckless to constitute neglect or abuse. In this case, the Court held that the mother was plainly negligent, but not grossly negligent, when she left her child unsupervised for two hours because she mistakenly thought the grandmother was home. While the mother obviously should have checked to see if the grandmother was home, her conduct did not constitute child neglect. As a result, the holding was reversed and the mother's name was removed from the DYFS Child Abuse Registry.

   Similarly, in DYFS v. P.W.R., 205 NJ 17 (2011), the Supreme Court held that a child's father and stepmother, although by no means stellar parents, did not abuse and neglect their sixteen-year old daughter. The child told her grandfather that her stepmother was "slapping her around" and taking money she earned working at a fast-food establishment. The grandfather called DYFS, which conducted an investigation. DYFS removed the child from the home immediately because there was no central heat in the home, the child had not been to the pediatrician in two years, the father admitted that the step-mother had slapped the child in the face and taken some of her earnings for cable bills, and the parents restricted the child's ability to see her grandfather. A hearing was held at Superior Court, Family Part, to determine whether removal of the child from the home was appropriate, and the Family Part held that DYFS had proven its allegations of abuse and neglect and removal was appropriate. The Appellate Division affirmed.

   However, the Supreme Court reversed the decision, holding that the actions of the father and stepmother did not fall below the minimum degree of care required by the Statute. Specifically, the court held that occasionally slapping the teenager in the face as a form of discipline, which did not result in bruises, scars, lacerations, fractures, or any other medical ailment, did not constitute "excessive" corporal punshment: it was not "neglect or abuse", even though there was no central heat in the home, as the parents could not afford to have it fixed and they were using space heaters instead: requiring the working age child to contribute to support the family was not a reason for DYFS to remove the child from the home: there was no evidence that the child was in imminent danger because she had not seen a pediatrician in two years; and the parents had the right to restrict the child's visitation with her grandfather. Accordingly, the Court reversed the lower court's decision that the parent abused and neglected the child.

   In sum, the definition of child abuse and neglect in this State has recently been clarified by the Supreme Court. The conduct described above, while unfortunate, did not constitute abuse and neglect, and makes clear that the Supreme Court will require that improper conduct towards a minor must be intentional and significant before a parent's placement on the DYFS "child abuse" registry will be permitted.


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Current Campaigns
  • The IBT and your Atlanta Committee members, Geoff Maloney and Chris Rogers have been negotiating with Company management since 2010; almost as long as the IBT have been negotiating for the Express Jet CRJ members. 

    The Company has now given us their final, closeout proposal on wages. Neither the International Brotherhood of Teamsters Airline Division, the Business Agents of Local 210 and Local 19, nor your rank-and-file committee members are recommending this be ratified. A detailed letter from your ExpressJet CRJ Negotiating Committee can be found here. A copy of the company’s last, best and final offer can be found here.

    Ballots were mailed on Tuesday, June 20, 2017.  Each member will receive voting instructions and credentials required for voting.  Voting will close on Monday, July 10, and will be counted the same day. 

  • The ‘Let’s Get America Working!’ campaign seeks to restore a dynamic and prosperous middle class to drive economic growth by helping to advance policy decisions that create and maintain good middle-income jobs, guarantee retirement security, expand access to the American Dream, and ensure that the benefits of the ongoing economic recovery are felt by the many, not just the few.

  • We Are eXPOsing XPO’s Global Greed

    XPO Logistics is a top ten global logistics and transportation company with annual revenue of $15 billion and 89,000 employees, another 10,000 workers classified as independent contractors, and thousands more working for firms that subcontract with XPO. We are the REAL workers at XPO Logistics worldwide exposing the truth about the company’s global greed, illegal wage theft, unsafe conditions, and abhorrent and vicious anti-worker, anti-union tactics. 

    This greed includes mistreating former Con-way Freight workers in the United States who are being kept in the dark about terminal closures and layoffs, and the company’s illegal refusal to bargain contracts and denying their workers’ federally protected right to organize. It also includes port, rail and last-mile drivers around the country and in Southern California fighting wage theft in excess of $200 million because they are misclassified as independent contractors and denied the right to form their union. This greed has caused numerous lawsuits and strikes.  Greed also means an unsafe workplace and mistreating its warehouse employees.

    XPO’s greed extends to Europe beginning with breaking its promise to not layoff any workers for at least 18 months. French workers and the unions have been fighting back against XPO’s disrespect, lies and attempts to slash jobs. Similar struggles are taking place in Great Britain, Spain, Belgium, the Netherlands, and across Europe.

    Join the worldwide struggle now! Get involved with this campaign by joining the Facebook group “XPO Exposed.”

    Together, we can eXPOse the company’s global greed and win fairness, respect and dignity for tens of thousands of XPO employees around the world!

  • This webpage provides information on the Teamsters Union’s legislative advocacy at both the federal and state level as well as our field activity to support those policy positions and to get strong labor candidates elected to office.  Among other resources, you will find our federal legislative scorecard, formal statements of policy position and communications to Capitol Hill,  a weekly update on federal legislative happenings, an overview of bills we are tracking at the state level, and quick links to take action on priority issues.

  • Negotiations for the National Master Automobile Transporters Agreement (NMATA) recently concluded and a tentative agreement has been reached. On Thursday, Feb. 16, 2017 representatives from carhaul local unions met in Detroit to endorse the National Agreement and the Central-Southern Supplement, paving the way for members to vote. The Eastern and Western Supplements were approved in 2016, and will not be re-voted. However, all carhaul members will get to exercise their right to vote on the National Agreement and General Monetary Changes.

    Ballots will be mailed out on or about March 10 and are tentatively scheduled to be counted on March 30.

    The tentative agreement is from September 1, 2015, until May 31, 2021.

  • Workers’ pensions are being endangered by both Congress and those charged with overseeing them. The Teamsters and our members are standing united to say “No!” to cuts and “Yes!” to greater retirement security!

  • On Wednesday, April 5, 2017, the International Brotherhood of Teamsters and Southwest Airlines reached an agreement covering more than 300 material specialists. Details of the agreement are available on this webpage, along with materials explaining the components of this contract.

    Ballots will be mailed on or about Wednesday, May 31, 2017. Each member will receive voting instructions and credentials required for voting via mail, along with paper copies of the tentative agreement’s highlights, the tentative agreement, and a copy of the seniority list. Voting will close on June 21, ballots will begin to be counted the same day.  Please continue to check this page for more information, it will be posted as soon as it becomes available.

  • The Teamsters Union represents more than 250,000 members at UPS and UPS Freight. UPS remains an active member of the American Legislative Exchange Council (ALEC) despite the organization’s anti-worker and anti-union agenda that seeks to undermine and weaken worker protections.

  • This web page provides information on our fight against fast-track legislation. The measure requires Congress to take only a quick up-or-down vote on secret trade deals like the Trans-Pacific Partnership and does not allow such agreements to be amended. It limits Congress’ constitutionally mandated oversight of such trade deals and lets others decide what’s best for America. The result is fewer good-paying U.S. jobs and unsafe food and products for Americans. Read more to find out why fast track is the wrong track for Teamsters and America.

  • Workers across the country at FedEx Freight and Con-way Freight are standing shoulder to shoulder to form their unions with the Teamsters to win a more secure future. Momentum is building with a first wave of victories with many more to come.

    There is growing worker resentment toward the companies after years of being treated unfairly. While the companies have suddenly made improvements since workers began to organize, workers know that without a legally binding contract the company can take these things away at any time.

    The unfulfilled promises that have been made to drivers and dockworkers over the past decade are coming back to haunt management.

    But now workers are taking action and standing up for themselves by forming their union. It's a different era now. It's Teamster Time! LIKE our Facebook page, here.

 
 
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