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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:
http://voteyes4conway.altervista.org/alterpages/files/unioncharges.pdf

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!!

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THE PLAYERS

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.
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THE CHARGES

(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.

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THE REMEDY

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. 
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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

AND

(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

AND

(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:http://voteyes4conway.altervista.org/alterpages/files/unioncharges.pdf