Thursday, May 21, 2015

Union Busters Lupe Cruz & Ass. LM-21

$3,169,698 is the price that Conway and other corporations are willing to pay to keep us union-free. That’s what they have paid to Lupe Cruz and Associates, a firm of union busters. That’s what Conway has paid so far to keep our wages and benefits down. That’s what they pay to make sure you have no rights at work. They spend that money willfully because that is nothing compared to what they will have to pay us in better wages and benefits should we organize. These people are hired to lie to us, to make us believe that we don’t need a union. They make money on people’s misery. Everything Conway has given to us over the past year is because they are trying to stop the bleeding. The wage increase is to pacify us. That will go away once the union movement dies down. Let’s keep making this company throw money away on union busters. All that money will go to waste and we will still get our union

Sunday, May 10, 2015

The Union Buster

Even though private employees have a federal right to organize a union in America, it's not always easy. Many employers hit the panic button when they hear the word "union" and hire a union busting consulting firm. These are firms that specialize in scare tactics, misinformation and intimidation.

The History of Union Busting - From Baseball Bats to Brief Cases

Years ago, when workers in America tried to form a union the company would call thugs in to beat up workers and intimidate them. Over time this industry evolved into a multi-billion dollar cottage industry and today's union busters use brief cases and wear ties.

From the moment a union buster steps onto a company's property he takes control of labor relations. It's his job to spread fear in an orchestrated and carefully planned campaign. Often times, the employer pays thousands of dollars per employee for the union buster to keep the union out. To some employers, it's not about the money it's about the power and they'll spend as much as they need to in order to prevent employees from exercising their federally protected rights.

There is a difference between a "management consultant" who helps management negotiate collective bargaining agreements and a "union buster". A management consultant represents management, obeys the law and tries to get a contract that is fair to all parties.

A union buster is a snake in the grass who goes to bed at night dreaming of ways to violate employees' rights. Sometimes employees don't even see the union buster during a campaign so the snake can avoid filling out financial disclosure forms with the federal government. The union buster has a whole bag of tricks that he uses to spread intimidation and misinformation. Unfortunately, all of his tricks are based on lies.

Lie #1 The Union Impedes Communication

Sometimes the union buster has a supervisor or member of the management team read from a "script" in front of workers in an attempt to show how "restrictive" things will be if the union is voted in. He will tell employees that if they have a union, employees won't be able to communicate with supervisors and everything will be military like.

What the union buster's puppet won't tell you is the first step of a union grievance procedure is for the employee to speak with their supervisor. The union encourages communication between employees and management. The more communication there is the better the company runs. The better the company runs the more money they make. The more money they make the more our members make.

Lie #2 We Won't Negotiate

During a union campaign, the union buster will have management try to convince the employees that they won’t negotiate if the union is voted in. The fact is, the federal law says the opposite. Management will negotiate because they have to negotiate with employees. It is an unfair labor practice for management to refuse to negotiate or even bargain in bad faith.

The union buster will also pretend like they might actually negotiate standards down at the bargaining table. But statistics from the Department of Labor say otherwise. Employees who negotiate collectively with their employers have higher salaries on average than their non union counterparts. In addition, safety is typically higher and turnover is typically lower at unionized facilities.

Bargaining unit employees vote on the final agreement and most employees won’t vote to cut their own standards.

Lie #3 Strikes

Scare tactics are a big part of the union buster’s campaign. They will have management talk a lot about strikes and act like everyone who organizes a union ends up on strike. The truth is, less than 2% of all contract negotiations end in a strike or work stoppage. If management were really trying to get the facts out they would talk about the 98% of bargaining that ends in a mutual agreement between the parties.

When the company states that a strike is imminent if employees organize they are breaking the law. The union doesn’t force anyone on strike. A strike is a decision voted on by the employees. In the 2% of contract talks that end in a strike a majority of employees voted to take action.

Lie #4 Dues

When employees begin to form a union, management suddenly becomes concerned about how you spend your money. They will exaggerate the amount of dues that members pay say the union just wants your money. What they won’t tell you is you don’t have to decide if you’re going to become a member and pay dues until after your contract goes into effect. If the improvements in pay, benefits and fair treatment aren’t worth your dues then you’re probably not going to join.

The union buster will train supervisors to act like they are worried that paying dues is a waste of your money. But when you think about it, they really aren’t concerned about how you spend your paycheck. It’s OK with them if you give it all to the church, blow it at a casino, invest it in the market or buy alcohol and cigarettes or anything else for that matter. They don’t care because they know it’s none of their business. The only reason they care if you’re paying union dues is because they don’t want you to organize and bargain collectively.

Lie #5 Just Give Us One More Chance

The union buster also trains supervisors and managers to beg for one more chance. They’ll say they didn’t know that employees were frustrated and now that they know they want a chance to fix the problems. They’ll say the company is one big family and they need just one more chance. Supervisors will start treating employees better and show new concern for their well being.

The union buster knows that if the union is voted down, the employees can’t file for another election for a year and that buys them time. Most employees who give management one more chance realize soon after the election that they’ve been lied to. Asking for one more chance is managements way of guilting employees into voting no in order to retain complete control of conditions and standards.

Lie #6 Promises

The union buster is a pro at the whisper campaign. They’ll get supervisors to whisper promises of promotions in employees ears or promise better pay if the union is voted down. They’ll give special treatment to certain employees if they turn against the union. But the special treatment will end on election day. Many employees who were tricked with promises find themselves treated just as poorly as their co-workers after the union loses an election.

Lie #7 Bargaining From Scratch

It is illegal for an employer to say you’ll be bargaining from scratch. It is also illegal for an employer to threaten to reduce benefits if the union is voted in. When you negotiate a first contract you start with the pay and benefits you have now and negotiate changes. You’ll decide what to ask for in your contract then vote on it.

Monday, April 13, 2015

Buffalo,NY (XBO) to vote on April 22

XBO to vote on April 22, 2015 6am thru 1pm

Buffalo DSR here...the union busters are all set to start their propaganda fest on April 13, 2015. It will be a brutal week for us, keep us in our prayers.

I wonder if Greg Lehmkuhl will make an appearance and make his fake pussy crocodile tears wile pleading for another chance. When the vote was postponed in December, Greg was scheduled to come and see us, but promptly canceled his appointment when he heard of the postponement. That goes to show exactly how much we really mean to him and the rest of the corporate leadership.

They only care when they have something to loose.

Due to several ULP charges filed by the Teamsters in mid December our original vote set for December 19, 2014 was postponed by the NLRB pending investigation. The investigation has been completed and a hearing date set. 

The NLRB has found enough evidence (mainly the company's own testimony gathered during the investigation)that the NLRB has issued a Notice of Hearing with a re-scheduled date of May 11, 2015 (the original hearing was to be April 27, 2015.) Case Number: 03-CA-142781 

If you want to see the original legal documents in PDF you can download them at the following link:

Please read the following posts to get the summary of the charges and the remedies sought. 

Keep the faith brothers and sisters this is FAR from over!!


Greg Lehmkuhl........ President
Tim Staroba..............Vice President, Operations Eastern Area
Brett Thompson....... Service Center Manager
Steven Beyer ........... Labor consultant and has been an agent of Con-Way within the meaning of Section 2(13) of the National Labor Relations Act.


(a) Greg Lehmkuhl, via video message played at all terminals, announced a nationwide wage increase in response to union organizing efforts.

(b) Greg Lehmkuhl, via video message played at all terminals, announced nationwide changes to the safety policies in response to union organizing efforts.

(c) Tim Staroba, wile at XBO interrogated its employees about their union sympathies.

(d) Brett Thompson, at XBO threatened employees with implied loss of the above mentioned wage increase if they selected the Teamsters as their bargaining representative.

(e) Brett Thompson, at XBO, provided employees with daily free food in response to the Union’s organizing effort.

(f) Steven Beyer, at XBO, threatened employees with loss of the above mentioned wage increase if they selected the Teamsters as their bargaining representative.

(g) Greg Lehmkuhl, at all terminals, implemented a wage increase on January 4, 2015 in response to union organizing efforts.

(h) About January 8, 2015, Respondent suspended, and about January 12, 2015, discharged its employee Leon Higbee 

(i) Con-Way engaged in the conduct described above because Leon Higbee assisted the Union and engaged in concerted activities, and to discourage other employees from engaging in these activities.

(j) By the conduct described above Con-Way has been interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the National Labor Relations Act.

(k) By the conduct described above Con-Way has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of Section 8(a)(1) and (3) of the National Labor Relations Act.

(l) The ULP's of Con-Way described above affect commerce within the meaning of Section 2(6) and (7) of the National Labor Relations Act.


As part of the remedy for the ULP's alleged above, Teamsters seeks an Order requiring Con-Way, to provide a copy of all payroll records necessary to analyze the amount of back-pay due under the terms of such Order. 
As part of the remedy for the ULP's alleged above, Teamsters seeks an order requiring that the Con-Way reimburse Leon for all work search & work-related expenses regardless of whether the Leon received interim earnings in excess of these expenses, or at all, during any given quarter, or during the overall back-pay period.

As part of the remedy for the ULP's alleged above, Teamsters seeks an Order requiring that at a meeting or meetings scheduled to ensure the widest possible attendance, Con-Way’s representative Brett Thompson read the notice to the employees on work time in the presence of a Board agent. 

Alternatively, the Teamsters seeks an Order requiring that Con-Way promptly have a Board agent read the notice to employees during work time in the presence of Con-Way’s supervisors and agents identified above.

In view of the extensive nature of the unfair labor practices alleged above Teamsters seeks an Order requiring Respondent to:

(1) post in all its terminals affected by ULP's alleged above, any Notice to Employees that may be issue by the National Labor relations Board


(2) electronically post the Notice to Employees for employees at all its terminals affected by the ULP's alleged above, if Respondent customarily uses electronic means such as an electronic bulletin board, e-mail, website, or intranet to communicate with those employees


(3) send a copy of any Board Order and Notice to Employees to all its supervisors at its Terminal's affected by the ULP's alleged above.

Look at that my brothers and sisters, ALL TERMINALS AFFECTED, that means Con-way will be posting a Notice to Employees at ALL TERMINALS.

Greg Lehmkuhl's wage increase, and change in safety policy was global, meaning company wide, and as such when this notice is ordered to be displayed by the NLRB, it will be global also. 

"Con-way will fight it, they will never let it happen" you might say, they will of course appeal it, and they will loose that appeal and the order will come, and they will have no choice because it will be an order by a federal judge. Lehmkuhl has pulled some rather bone headed moves, but do you believe for a minute he will jeopardize his freedom by ignoring a federal order. Will he really chance contempt charges and jail time for it, I don't think so, how can he spend the money he stole from us if he's in prison.

If you want to see the original legal documents in PDF you can download them at the following link:

Friday, March 27, 2015

An Unsafe "Safety" Rat

A Laredo “safety” driver has an interesting drive recently. In his haste, unsafe driving he managed to flip and total his set. I’m sure according to him he was being safe and the accident wasn’t his fault. Luckily these tractors at Conway have cameras to capture all the action! Unfortunately according to Laredo manager Ted Garcia and regional safety supervisor Ruben Zaragoza, the camera wasn’t on when the accident occurred. Interesting, that when this anti-union, rat driver gets into a wreck, there is no video evidence. Tap the brakes too hard, grind a few gears and they have you on tape. Flip a set and close the highway for 9 hours, no, the camera doesn’t come on for that. Smells like bullshit! Just an opportunity for these lying bastards to try and make it seem like they don’t fire everyone that gets into an accident. Seems like they are favoring this union-hating scum. This is a good example of the favoritism Conway uses to divide us.