New Calif. law will bring equal pay for all

http://teamsternation.blogspot.com/2015/12/new-calif-law-will-bring-equal-pay-for.html

Once again taking the lead where the dysfunctional U.S. Congress failed to do so, California’s legislature and Gov. Jerry Brown – with significant lobbying from the Teamsters and other unions – pushed through a strong equal pay law that brings fairness of all workers.

Jerry Brown signed the bill into law in October.

The California Fair Pay Act (CFPA), which takes effect Jan. 1, closes loopholes created since the federal Equal Pay Act passed in 1963, at least in the Golden State, home to one of every eight people in the U.S. The CFPA is among almost two dozen pro-worker laws the Democratic-run pro-labor legislature approved in its 2015 session.

The California law expands federal equal pay rights by mandating that employers pay workers, regardless of sex or gender, equally for “substantially similar” work, not just strictly equal work. Federal courts have been increasingly strict in deciding what is “equal work” the federal law covers. They’ve turned most such pay discrimination cases down.

The California law also strengthens worker protection against employer retaliation and requires firms to keep employment records, including pay records, for three years, not two.

A legal summary says California bans paying workers of the opposite sex less for "substantially similar work, when viewed as a composite of skill, effort, and responsibility." And the employer must take account of "similar working conditions," not just wages at the worksite or company branch involved.

California employers could still discriminate in pay, but only if they can show the wage differences “are due to a seniority system, merit system, a system that measures the quantity or quality of production, or a ‘bona fide factor other than sex, such as education, training, or experience,’" the law adds.

And if they cite those reasons, they must be directly job-related – and show that the factor that produces wage discrimination is “consistent with business necessity." The new law then gives workers a defense against business necessity by showing “an alternative business practice exists that would serve the same purpose without producing the wage disparity.”

The California law also bans employers from retaliating against workers who disclose their own wages, discuss other workers’ wages, ask about others’ wages or help other workers exercise their rights. But if the worker asks about wages, the
employer can refuse to answer.

If the employer is guilty of breaking the law, the worker gets back pay plus interest, an equal amount in damages, and attorney’s fees.

• Press Associates, Inc., contributed to this report.

ONE YEAR LATER NMF/MIAMI REMAIN STRONG IN WORKING FOR COLLECTIVE BARGANING CONTRACT

Conway/XPO Forced to Follow Law and Negotiate Contract

https://www.nlrb.gov/case/16-CA-159605

Judge: Con-way Violated Rights of Workers in Los Angeles

https://teamster.org/news/2015/11/judge-con-way-violated-rights-workers-los-angeles

Teamsters

America's Strongest Union

Con-way Freight, Inc. violated the rights of workers who were trying to form their union with the Teamsters and must re-hire two workers it unlawfully fired during the organizing campaign, among other remedies, an administrative law judge with the National Labor Relations Board (NLRB) has ruled.

“By instructing employees not to wear union insignia, threatening employees for supporting the Union, filing criminal charges against an employee, suspending employees, and terminating employees because they supported the Union, the Respondent has engaged in unfair labor practices…,” Administrative Judge Eleanor Laws wrote in her decision.

The workers at Con-way’s Los Angeles terminal were trying to join Local 63. The company must cease its illegal activities, reinstate the two fired workers and pay them back wages and benefits, and take other steps.

To read the decision, click here.

We received this message from the Justice for Port Drivers campaign and wanted to share it with you!

As Amazon announced a plan to hire 100,000 temps to handle the holiday rush, the ugly truth about the horrid conditions of those who work in the company’s supply chain are being revealed. Recently, warehouse worker Jeff Lockhart Jr., a married father of three, died working at an Amazon fulfillment center in Chester, Virginia. But it isn’t just in Amazon’s warehouses that workers are suffering. Consider the story of Julio Garcia, who hauls imports for Amazon off the docks at our nation’s largest seaport – the Ports of Los Angeles/Long Beach.

Day in and day out, Julio Garcia gets in the company’s truck, drives to the port, and transports the electronics, clothes, and toys that Americans buy online every day from Amazon,com . Julio Garcia consistently works 50-60 hour weeks as a professional truck driver, yet his family was denied a home loan by the bank because they deemed his income “unstable.”

How could this be? Julio Garcia drives full-time for one of Amazon’s contractors, a giant company called XPO Logistics that is valued at more than $2.5 Billion. XPO, like thousands of similar American corporations, engages in an employment scheme that leaves his family unable to show a “stable” income despite “stable” work by treating its workers as employees but paying them as “independent contractors.” This scheme not only allows them to avoid payroll taxes, but also lets the company deduct their business expenses from drivers’ paychecks. They charge the drivers to drive the company truck, charge him to register, insure, fuel, and maintain their truck, and they even charge drives to park the company trucks at the company yard! “There are weeks that they charge me so much that I make less than the minimum wage – and some weeks I owe the company for the privilege of working for them,” said Julio Garcia.

This is wage theft and it is illegal, so Julio Garcia is one of more than 700 professional truck drivers in California who have filed a claim with the state Labor Commissioner. This week, he and his coworkers delivered a petition with a list of their demands. It’s fallen on deaf ears, so XPO drivers are again on strike – their 8^thstrike in the last two years.

Sincerely,

Justice for Port Drivers campaign

P.S. Support us by signing this petition demanding changes from employer XPO Logistics.please sign petition

FEDEX FREIGHT GARDENA,CA STRIKES!

  Monday,nov. 9, in the City of Opportunity, our courageous brothers and sisters have taken a step toward a brighter future by  striking for the right to vote for Teamster representation. The decision to strike follows the successful Stockton campaign as well as other triumphant campaigns across the nation.
  The journey to this point has been a long one. Over the years, we have faced the deceptive anti-union tactics of FedEx Freight including harassment, wrongful termination and the blatant spread of misinformation. But despite their best efforts, we have stood strong in our fight to bring the Teamsters to FedEx because we know that a union contract is our only opportunity for a better future. 
  The choice to strike is a difficult one, but nothing worth having has ever been easy. Today and for however long it may take, we stand with our brothers and sisters in Gardena.  

Stay strong and fight on!

-The Change FedEx to Win Team

L

XPO closes purchase of Con-way; layoffs begin within Con-way system

http://www.dcvelocity.com/articles/20151030-xpo-closes-purchase-of-con-way-layoffs-begin-within-con-way-system/

More than 10 percent of workforce is cut at HQ, IT center, source says; rebranding to XPO name takes effect.

By Mark B. Solomon

It wasn't long after XPO Logistics Inc. announced today that it had finalized its $3 billion acquisition of trucking and logistics provider Con-way Inc. that the bloodletting began at Con-way's headquarters in Ann Arbor, Mich., and elsewhere.

XPO will cut more than 10 percent of Con-way's workforce at Ann Arbor and at its Portland, Ore.-based technology center, according to an individual familiar with the situation. Between 2,500 and 3,000 employees work at both locations, the individual estimated. Included in the cuts will be an entire layer of Con-way upper management, whose elimination will save its new owner about $28 million a year; the managerial segment was not adding much value to the organization, according to the individual.

Also on the chopping block is an 80-person group devoted to developing and implementing "lean" management principles, an ambitious efficiency program that Con-way has championed for years. Shortly after the deal was announced in early September, Bradley S. Jacobs, Greenwich, Conn.-based XPO's chairman and CEO, met in Ann Arbor with leaders of the project and came away dubious that the benefits of the work justified the size of the current headcount, according to the individual.

The individual said that Con-way's drivers are likely not included in the layoffs. It is also unclear whether there will be further rounds of cutbacks

Executives who remain with XPO will be required to sign a two-year noncompete agreement, the individual said. The requirement could result in an exodus of top-level employees, who may wish to stay, but may worry they will find their hands tied should they subsequently find opportunities elsewhere in the industry.

The cuts, which had been expected internally for weeks, include employees in administration, operations, sales, and information technology, according to the individual. XPO declined comment other than a statement from Jacobs in announcing the deal's close that "we're moving quickly to eliminate redundancies and leverage our scale to better serve our more than 50,000 customers." At the time the deal was announced, XPO pledged to improve Con-way's operating profit by up to $420 million over the next two years. Part of that will come from cost cuts.

Con-way's four operating divisions—Con-way Freight; truckload carrier Con-way Truckload; third-party logistics-services provider Menlo Worldwide Logistics; and freight broker and intermodal marketing company Con-way Multimodal—have been rebranded as XPO Logistics. Menlo and Con-way Multimodal will be immediately integrated into existing XPO Logistics units operating in identical segments. Con-way Truckload, which as Contract Freighters Inc. was bought by Con-way in 2007 for $750 million and which today might fetch a little more than half that, will likely be sold for what Jacobs believes is the right price. He has said the unit might have value as a hauler of brokered freight.

Jacobs said earlier this month that XPO had received three unsolicited offers for Con-way Truckload. He wouldn't identify the bidders or the price of each offer.

Con-way Freight generates about $3.3 billion in annual revenue, which is more than half of the parent's $5.8 billion in revenue. It is known for providing excellent customer service, but in recent years has struggled to operate efficiently, or as profitably as many investors would like. Con-way Freight has specialized in the premium segment, where time in transit is compressed and service levels are relatively high. However, about three-quarters of LTL traffic moves in slower, more economical services, an area where the unit had little, if any, involvement.

Jacobs said earlier this month the new LTL unit will focus far more on the economy category, and could leverage the network of the former Pacer International, an intermodal provider with a great deal of equipment that XPO acquired in early 2014.

XPO has engaged recruiting firm Spencer Stuart to find a replacement for Joseph M. Dagnese, the head of Con-way Freight, who had been expected to leave the company at the time the deal closed. The complexity of integrating Con-way, and in particular positioning the LTL unit for future success, means that XPO will take its foot off the acquisition brake for at least a year, Jacobs said recently. Through 17 acquisitions in the past four years as well as internal expansion, XPO has gone from a company that didn't exist in late 2010 to a $15 billion firm today.

Hoffa Joins Port Truck Drivers Strike At Long Beach/Los Angeles Ports

https://teamster.org/news/2015/10/hoffa-joins-port-truck-drivers-strike-long-beachlos-angeles-ports

(Long Beach, Calif.) - Today, Teamsters General President Jim Hoffa joined port truck drivers, warehouse workers, community and faith allies, and Teamster officials at a press conference at ITS marine terminal at the Port of Long Beach.

The workers and Teamster officials announced that misclassified “independent contractor” drivers at Chinese-owned port trucking company Intermodal Bridge Transport (IBT) filed a petition to be recognized first as employees, and to be represented by the Teamsters. IBT driver Jose Portillo reported that the company official who received the petition threw it on the ground and the workers walked off the job on strike. This is their second strike.

The Teamsters also entered into a new partnership with the Warehouse Workers Resource Center, including support for Cal Cartage warehouse workers who announced the intent to go on strike starting Wednesday morning Oct. 28.

Teamsters General President Jim Hoffa released the following statement: The misclassification of workers, and the devastating wage theft, ends here. Yesterday I visited with supply chain workers who haul imports and exports to and from the docks at our nation’s largest port, and with the warehouse workers who unpack and reload items onto trucks destined for major retailers like Amazon and Walmart. Every one of these egregiously exploited workers shared stories of their inhumane working conditions and their determination to fight back, not just for themselves but for all of their supply chain co-workers. I told them “You have the support of the 1.4 million Teamster members. We will bring justice to port truck drivers and warehouse workers nationwide!”

Teamsters Vice President Fred Potter made the following announcements: “This morning, a majority of misclassified independent contractors at Intermodal Bridge Transport (IBT) presented a demand to be recognized first as employees, and to be represented by the Teamsters. Upon receiving no word back, they took up their picket signs and went on strike against the company’s unfair treatment. They demanded a dignified and safe working environment; demanded that the company immediately repair all unsafe trucks and ensure every truck has a functioning Air Conditioning unit; and demanded access to a dignified break room with clean drinking water, proper restrooms, and a place where we can prepare their meals and rest during their long days at work. This is the first time in American history that workers misclassified as independent contractors have simultaneously demanded their rights as employees and their right to form a union.”

“Wage theft isn’t just about misclassification. It’s about workers who are supposed be paid a living wage – and they’re not, Potter said. "And that is happening right here on port property, at the Cal Cartage warehouse, where the company is violating the City’s living wage ordinance. We support these workers and pledge to stand with them throughout their fight to help them secure dignity, respect, and fair day’s pay for a hard day’s work."

On Monday, Oct. 26, port truck drivers misclassified as “independent contractors” began their eighth “Unfair Labor Practice” strike at America’s largest port complex, the twin ports of Los Angeles/Long Beach. The striking drivers included those misclassified as “independent contractors” by Pacific 9 Transportation (Pac 9), who have been on an indefinite strike since July this year for 15 straight weeks, and those employed by global giant XPO Logistics  (NYSE: XPO), which has spent $7.34 Billion in the last year expanding their reach in the global supply chain.

On Tuesday, Oct. 27, misclassified drivers from Intermodal Bridge Transport (IBT) began their second Unfair Labor Practice strike after delivering a petition for improved working conditions, recognition as employees, and to be represented by the Teamsters. These drivers are on strike to protest unfair labor practices, including misclassification and retaliation, harassment, and intimidation for having filed claims for wage theft with the California Labor Commissioner’s Division of Labor Standards Enforcement.

Today, California Cartage warehouse workers announced that they will be on strike starting Wednesday. In the past year, workers at this warehouse have come together to demand an end to wage theft, unsafe conditions, and irregular schedules at a massive warehouse at the Port of Los Angeles. These workers, who have been coming together with the support of the Warehouse Worker Resource Center, now have the support of the Teamsters Port Division, which has been fighting for justice at the Ports of Los Angeles and Long Beach for many years.

“I have worked at Cal Cartage through a staffing agency for years. I’m going on strike because the company is trying to intimidate workers who ask for basic health and safety, good wages and permanent jobs,” said Anthony Vallecillo, a Cal Cartage worker from Wilmington.

Picketing will occur starting Wednesday, October 28, from 7:30-8:30 and 4-5 pm at 2401 E. Pacific Coast Highway, Wilmington, CA, and from 9-5 at Sepulveda and Middle Road, Wilmington, CA 90810.

BACKGROUND ON MISCLASSIFICATION: As America’s lowest wage workers are beginning to see justice with a $15 hourly wage on the horizon, the cries of the millions of American workers who are misclassified as “independent contractors” are reaching a fevered pitch. Spanning employees in the janitorial, e-commerce, entertainment, home care, construction, port truck driving industries these workers are not only robbed of basic workplace protections like the right to minimum wage, overtime pay, and a safe and healthful workplace, but they are also being cheated out of such rudimentary workplace benefits as unemployment compensation when they are laid off; workers’ compensation when they are injured on the job; and the right to form a union have a voice on the job – a voice that allows workers to gain respect, dignity, and the ability to bargain collectively for better wages and working conditions. Misclassification robs workers of these rights.

As “independent contractors,” workers do not have the ability to engage in group activity to protest and resolve workplace issues. Further, misclassification deprives workers of protections afforded “employees” under the National Labor Relations Act (NLRA). Port drivers are on the front line challenging this unfair labor practice by filing charges with the National Labor Relations Board alleging that misclassification itself violates the NLRA (as does retaliation for filing wage and hour claims”).

WAGE THEFT: Employees illegally misclassified as independent contractors are also victims of pervasive wage theft that robs workers of billions of dollars a year. Misclassifying drivers enables trucking companies to shift their business expenses on to the backs of low wage workers who are controlled by the trucking company that employs them. Predatory truck lease schemes bind drivers to their employer. Companies deduct the cost of diesel fuel, insurance, maintenance, parking, even the cost of printing paychecks, leaving drivers with very little or even negative paychecks. Studies have shown that the average port truck driver is subject to $4,000 per month, or $48,000 per year, in wage theft. Without the ability to fight back at their workplace.

TAX FRAUD: Misclassification doesn’t just hurt the workers and their families – it hurts us all through pervasive and wide scale tax fraud that robs our schools, our roads, our public safety services of billions in vital resources.

THE FRONT LINE: On the front line of the fight to end the misclassification/wage theft scheme are the professional truck drivers at our nation’s largest port complex – the twin ports of Los Angeles and Long Beach, who haul everyone’s cargo, including Amazon, Costco, and Proctor & Gable. Nearly one-half a trillion dollars in goods per year flow through these ports – more than 40 percent of U.S. imports and exports – yet the men and women who haul these containers on and off the docks to nearby rail yards, distribution centers, and warehouses are denied employee rights. By striking and filing unfair labor practice charges port drivers are fighting back!

Laredo Manager Faces federal charges

https://www.nlrb.gov/case/16-CA-159605

Time to Protect your Jobs

Brooklyn CWA Cablevision members speak to their Non-union Coworkers regarding Altice

Published on Sep 28, 2015

When Altice buys Cablevision, only the Brooklyn Cablevision techs who are members of CWA will have any seat at the table to protect jobs. Listen to your Brooklyn coworkers speak about how they will have a voice during the sale. Most analysts say that Altice will reduce wages, contract out and layoff.

Some call it a "bloodbath." This is the time to protect your jobs.

https://www.youtube.com/watch?v=YJxPy8RPhmg&index=51&list=PLE6BCEE65D356E57A

XPO, Con-way deal faces a roadblock with credit rating review

http://m.landlinemag.com/Story.aspx?StoryID=29829#.VgSxOYY8LCR

By Tyson Fisher, Land Line staff writer

XPO Logistics’ plan to acquire Con-way for $3 billion may not be a sure thing. One day after news of the deal broke, Moody’s Investors Service announced that XPO’s ratings would be under review for a possible downgrade. XPO has a current rating of B1, which is considered a “high credit risk,” according to Moody’s website.

Moody’s announcement was a direct response to XPO’s plans to acquire Con-way, which would be the second multibillion-dollar acquisition for XPO this year. Back in April, XPO bought Norbert Dentressangle, a European transport and logistics company, for $3.5 billion.

Moody’s review questions XPO’s ability to integrate both Con-way and Norbert Dentressangle without burying itself in excessive debt. Currently, four classes of ratings are under review, all of which are already at a high-risk B1 rating. XPO’s outlook, currently ranked as “stable,” will also be under review. 

A document dated Sept. 17 on Moody’s website suggests that XPO’s plan to acquire Con-way is “credit negative.” A similar document dated April 28 declared the same “credit negative” status for the Norbert Dentressangle acquisition. XPO announced plans to purchase Norbert on April 27 and officially completed the deal on June 8, according to XPO’s website.

Relatively new to the game, XPO Logistics began in 1989 as Express-1 Expedited Solutions and was purchased by Segmentz in 2004. XPO completed its first acquisition in 2008 with Concert Group Logistics for $9 million in cash and the issuance of 4.8 million shares of XPO stock. Since then, XPO has acquired nearly 20 companies, with six of those in 2013 alone.

According to the New York Stock Exchange, XPO’s stock has been steadily increasing since 2010. XPO stock reached its peak in May at $50.56 a share. Since then, the price has plummeted more than 40 percent. At press time, XPO stock was priced at $29.21, nearly 6 percent lower than the opening price for the day.

Guarantee Expired

No time for walls or division. One Mind one Heart! Let's sign cards!

XPO Logistics To Acquire Con-way

http://www.thestreet.com/story/13282888/1/xpo-logistuics-xpo-stock-up-in-after-hours-trading-after-acquiring-con-way.html?puc=yahoo&cm_ven=YAHOO

Conway Futurehttp://www.reuters.com/article/2015/04/29/ibt-xpo-driver-rally-idUSnPn29Cp15+88+PRN20150429

Teamsters: XPO spends $3.5 Billion in wages stolen from California truckers to buy French company

PR Newswire

Apr. 29

Today, XPO Logistics, whose port truck drivers at subsidiaries Pacer Cartage ("Pacer") and Harbor Rail Transport ("HRT") are currently on strike at the Ports of Los Angeles and Long Beach and at Pacer facilities adjacent to the U.S.-Mexico Border, announced the acquisition of French 3PL Norbert Dentressangle for $3.5 Billion in cash and debt.

Statement by Fred Potter, Director of the International Brotherhood of Teamsters Port Division:

"We are shocked to learn that just as XPO Logistics battles the company's immigrant port truck drivers in California Superior Court to avoid reimbursing them more than $2 Million in illegal deductions stolen by the company's subsidiary, Pacer Cartage, from their paychecks, the company has gone on what is being called an "acquisition spree." The timing of the announcement is particularly shocking in light of the fact that Pacer Cartage and Harbor Rail Transport drivers are currently on strike from Los Angeles down to the U.S./Mexico border to protest the company's illegal business and labor practices."

Statement by Humberto Canales, Port Truck Driver for Pacer Cartage:

"I can't help but wonder if the reason that XPO has enough cash on hand to buy another company for $3.5 Billion isn't because they are avoiding business expenses like payroll taxes and equipment maintenance by misclassifying us as independent contractors. I worked 48 hours a few weeks ago and they deducted so much from my check that I literally made zero dollars. This just isn't right." (Click here for a copy of Mr. Canalaes' paycheck for the period ending March 12, 2015, is attached.)

On Wednesday, April 29, 2015, starting at 2:30 PM (Pacific time), striking port truck drivers from XPO's subsidiary Pacer Cartage will be joined on the picket line at Union Pacific's Los Angeles Transportation Center (LATC) by hundreds of allies. 

What:  Picketing and Rally to Stop Wage Theft

When:  Wednesday, April 29, 2015; starting at 2:30 PM PST

Where: Union Pacific Railroad/LATC, 1041 Richmond St., Los Angeles, CA 90031

About Pacer/XPO Logistics 

XPO Logistics, operating through subsidiaries Pacer Cartage ("Pacer") and Harbor Rail Transport ("HRT"), is among the top five trucking companies servicing the Ports of LA and Long Beach as well as intermodal rail yards in the area. HRT is the company within the XPO Logistics group that specializes in moving goods to and from the ports, while Pacer Cartage specializes in moving goods to the rail yards. Pacer's key customers include Procter and Gamble, Walmart, Toyota, and Costco.

There are approximately 280 misclassified drivers working in both companies in their LA area locations and 90 additional drivers in Pacer Cartage's San Diego location. Because of this, XPO Logistics' subsidiaries are facing several legal actions related to misclassification that create great liability for the company:

• In March 2014, the California Division of Labor Standards Enforcement (DLSE) issued findings in the wage claims of seven individual drivers from Pacer San Diego, all of whom it found to be employees who had been illegally misclassified as independent contractors. The DLSE awarded these drivers a combined $2.2 million. Pacer appealed these seven awards to the California Superior Court, San Diego and the court has filed a tentative ruling upholding the DLSE's decision. 
• Pacer Cartage is also facing a class action lawsuit due to the company's alleged willful misclassification of employees. This lawsuit involves about 662 drivers; the estimated liability amounts to more than $5 million. 
• Additionally, three misclassification lawsuits that name 150 drivers as plaintiffs have been filed against XPO Logistics' companies. All of these cases remain pending.

PRESS CONTACTS:

Barb Maynard, (323) 351-9321; barb@mcsonline.org

/PRNewswire-USNewswire -- April 29, 2015/

SOURCE Justice for Port Truck Drivers

X

This is proof of the representation and on the job rights you get when deciding to join a union.

Ķ

Educate Yourselves And Look For The TRUTH

HERE IF PROOF THAT WHAT CONWAY TELLS US OR HAS TOLD US ABOUT HAVING A UNION IS A BUNCH OF BULLSHIT.AND ALL YOU DUMB ASSES WHO FALL FOR CONWAY'S BULLSHIT NEED TO TAKE A THE TIME TO EDUCATE YOURSELVES AND LOOK FOR THE TRUTH OF WHAT A UNION CAN DO FOR THE WORKERS OF ANY INDUSTRY.......... The 151 workers at Google Express in Palo Alto, employed through contractor Adecco, sought out the Teamsters for help with improving working conditions and treatment on the job. ........The next step for Teamsters-represented Google Express workers is to negotiate a contract to improve their working conditions, as tech industry workers throughout Silicon Valley have done in recent months. Facebook shuttle drivers, employed through Loop Transportation, became members of Local 853 in November. In February, they ratified their first, industry-leading agreement, which raised average pay to $27.50 an hour, including split differential, up from $18 an hour. Shuttle drivers for Apple, eBay, Yahoo, Zynga, Genentech, Amtrak and Evernote, employed through Compass Transportation, voted overwhelmingly in February to join Local 853. On Aug. 1, the workers unanimously approved a union proposal for a first contract that encompasses the economic package from the Facebook agreement—including hourly pay increases over the three-year contract; shift differential pay; a six-hour minimum for drivers who do not work split shifts; and employer contributions to a defined pension plan, among other gains... .....AND THIS GOES OUT TO THE MECHANICS...WAKE THE HELL UP AND MAKE A STAND .STOP BEING A BUNCH OF KISS ASS BITCHES .LOOK AT WHAT THE DRIVER GOT WITH A CONTRACT.IT TOOK CONWAY 40years to give us shift differential. And that’s thanks to LAREDO TX.IT HAD NOTHING TO DO WITH HOW MUCH YOU WORKED OR HOW MUCH ASS KISSING YOU DID.IT WAS BECAUSE OF THE UNION THREAT

Stop Outsourcing Our Jobs

Conway claims that it only calls in contractors for shag work. The pictures here show different. These drivers have been doing route work. To make matters worse, it appears they are outsourcing our work to Mexican drivers. Another example of why we need to unionize. That's the only way to put an end to Conways lies and deceiving ways.

Labor board: Employer cannot say union could hurt business

http://www.washingtonexaminer.com/labor-board-employer-cannot-say-union-could-hurt-business/article/2569661

By SEAN HIGGINS • 8/6/15 

The National Labor Relations Board has ruled that an employer who warned workers before a labor election that getting a union could hurt business was making an illegal "veiled threat."

The case illustrates the pro-union direction under President Obama of the board, the federal agency that enforces labor laws and that has made several moves in recent years to strictly limit what employers can say regarding unionizing.

In a 2-1 decision, a three-member panel of the board said Tim Krise — the vice president of Student Transportation of America Inc., a Bristol, Penn., school bus company — violated the rights of his employees when he reportedly told them during a voluntary meeting that the company "could walk away" from its contract with the Bristol Township if operations "became too costly." A month after the November 2013 meeting the company's workers voted 24-23 in a favor of joining the Teamsters. Two ballots, however, remain contested and have not been counted, leaving the election in limbo.

Labor board members Kent Hirozawa and Lauren McFerran sided with the union. "We find that employees could reasonably infer from Krise's statements that, if the petitioner (i.e., the union) won the election, the employer's costs necessarily would rise and cause the employer to walk away from its contract with the township, leaving the drivers out of work. Although Krise did not directly threaten employees with job loss, a threat need not be direct in order to be coercive," they wrote.

The board ordered the remaining contested ballots to be opened and counted. If they showed that the union won, it would be recognized. If the union did not win, then a new vote must be held.

Steve Bernstein, a labor lawyer with the management-side firm Fisher and Phillips, said the board has long taken a "dim view" of employers of making negative predictions regarding workers forming unions.

"I will say, though, that board seems to be sliding that spectrum further away from free speech and expanding the scope of comments that are unlawful," he said, noting that employers previously often got the benefit of the doubt in ambiguous cases.

The board's decision reversed an earlier one by an administrative law judge who, applying long-held board precedent, had earlier ruled that Krise's remarks were non-objectionable comments on the economic realities of running a business. The judge further noted that at the same meeting he said the company "wanted to be in for the long haul," indicating that management was not thinking about closing down.

A key part of the case, the majority said, was Krise's apparent claim that it was written into the contract with the township that the company could walk away if its costs climbed too high. However, the contract actually allowed the township, not the company, to walk away in that situation. The contract also required the township to offset half of any additional higher labor costs the company would face should its workers unionize.

"Given that Krise's statement about the contract was inaccurate and that the contract in fact provided for additional support from the township in the event of unionization, there was no objective basis for his veiled threat that the employer could abandon its contract with the township due to rising costs that he implicitly associated with union victory in the election," Hirozawa and McFerran said. Since there was no basis, the comments were not protected speech.

Board member Harry Johnson dissented, arguing that the facts were too vague to draw such conclusions and likely pointed in a different direction. He said Krise "either misstated a provision of the employer's contract with the township or was misunderstood by the [sole] witness" who testified that he said that.

"Furthermore, as the majority concedes, Krise never mentioned laying off employees or closing the facility. In fact, to the extent Krise mentioned any future action, he told employees that he was in it 'for the long haul' and that he wanted the facility to succeed," Johnson noted.

Under President Obama, the labor board has often narrowly interpreted comments from employers as threats. In 2011, it filed an unprecedented complaint against Boeing for opening a new plant in South Carolina. The board argued the move amounted to retaliation against the union that represented Boeing's machinists in Washington state, although the new factory was an expansion and no workers lost their jobs. The complaint was based primarily on a company official's statement that "strikes happening every three or fours years in Puget Sound" had influenced the decision to locate the new plant in South Carolina. The case was later withdrawn when Boeing settled with the union.

In March, the board's general counsel issued new directives strictly limiting what companies can and cannot say in their employee handbooks. The new rules argue that even seemingly innocuous company rules such as prohibitions on "false or misleading representations about your credentials or your work" would now be considered labor violations.

Conway Teamsters get NLRB Certification in Laredo

Don't Drink The Con-Aid

(UOS)Hayward,CA Shop Filed Petition

We the mechanics of the Hayward shop in California (UOS)are asking the Union to represent us.Because we want to make a difference in our futures as well as for others who are willing to join our fight to set a better standard of living.For all the workers. Please be advised that I.A.M. & A.W. Machinists Automotive Trades Local Lodge No. 1101, District Lodge No. 190 of Northern California, represents the majority of your employees who perform work in the Con-Way Freight Maintenance Department at the Hayward facility located at 2200 Claremont Court Hayward, CA. 94545. If necessary, we are prepared to agree to an independent, impartial third party check of the authorization petition from your employees to prove our majority status. We are requesting immediate negotiations to consummate a collective bargaining agreement covering wages, benefits, hours and working conditions for and on behalf of the employees that we represent. We believe this process will be the least disruptive for the Company and your employees and the best way to keep attorney fees and other costs to a minimum. In accordance with Federal Law, we are requesting that you maintain a “status quo” environment with the affected employees. Absolutely no reprisals may be taken against them, nor may you or any representative of the Company threaten, coerce, or interrogate any employee or interfere with their Union activities. http://www.nlrb.gov/case/32-RC-154522