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Wednesday, February 24, 2016

NLRB Orders FedEx Freight to Bargain With Teamsters Local 439

https://teamster.org


The National Labor Relations Board (NLRB) has ordered FedEx Freight to cease and desist from refusing to bargain with Teamsters Local 439, a huge victory for the drivers who voted 33 to 12 to form their union in March 2015.
The case is yet another example of how FedEx is trampling on the federally protected rights of its workers to form their union with the Teamsters. Similar foot-dragging by the company is occurring in other areas of the country, where workers have taken the bold step of forming their union to improve their lives. The company would rather spend hundreds of thousands of dollars on union busters and violate its employees’ rights rather than negotiate a contract.
In the Stockton case, FedEx Freight has contested the union’s certification as bargaining representative of the workers, while Local 439 has filed charges alleging that the company has refused to bargain.
In a February 18, 2016 decision and order, the NLRB ordered that FedEx Freight cease and desist from failing and refusing to recognize Local 439 as the workers’ exclusive bargaining representative.
The NLRB also ordered the company to cease and desist “in any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed” to them under federal labor law.
The NLRB also ordered FedEx Freight to bargain with Local 439.
“This is a huge victory for the drivers who voted to form their union with Local 439 and we will continue to fight on behalf of these workers until they ratify their first contract,” said Ken Guertin, Local 439 Secretary-Treasurer.
“The International Union, working side-by-side with all the freight local unions, is committed to this campaign over the long-term,” said Tyson Johnson, Director of the Teamsters National Freight Division. “We hope that the company will get serious and negotiate a fair contract for the workers in Stockton and elsewhere who have exercised their rights to form their union. The workers are seeking a better life for themselves and for their families.”
The company will likely appeal the latest NLRB order.
Meanwhile, in a separate settlement agreement pertaining to election violations that occurred prior to the March 2015 election, FedEx agreed to not violate workers’ rights to form their union.
“As part of the earlier settlement agreement, the company agreed to pay employee Edgar Aguilar about $4,900 in back pay for hours it took away from him at the time of the election,” said Rob Nicewonger, a Local 439 Business Agent. “This agreement shows that the company engaged in an intensive anti-union campaign that included management ride-alongs with drivers, pre-shift captive audience meetings, one on one meetings with workers, and regular mailings of anti-Union literature.  The Company’s  anti-union campaign also included remedying issues for workers and giving them benefits it had previously withheld from them in an effort to influence their votes.  Finally, FedEx Freight also simply retaliated against outspoken union supporters.

25 comments:

Anonymous said...

Way to go Fedx this is the way you do it with the Truth and by the Law. Congratulations from Mia 769 keep the Spirit and fight moving forward, and for what you believe in Once again Congrats.

Anonymous said...

How does a union work in a right to work state? Guessing if a union is voted in, the workers who decided to pay dues get backed and the others dont? What about rules, guidelines, pay? So do the non paying pple tag along for the free ride during those talks? Also, can union dues be cheaper? Like $20 a month, $65 is alot=700 a year...

Anonymous said...

My anti union meeting a few months back said that pension plans are diminshING and 401k is safer. If a union were in plqce, is it possible to scratch a pension and have xpo pay more into our 401k...now is hardly much... I think 3%

Anonymous said...

Two both of you asking questions about having a union the best thing to do is speak with a union representative. That way you can get the proper answers. And don't be afraid of speaking to the union if you do it on your own time the company can't do anything about it. If the company threatens you harasses you or punishes you for speaking to a union rep. by law you can sue the company and anyone that takes your right to speak to a union rep.and that 700 hundred is a tax write off.and it entitles you to a better living and it comes with a lot more benefits. Take the time and speak to a union representative...

Anonymous said...

Union dues is not the worst of your problem you pay more by NOT being in the union... benefits pension on and on

United and Strong said...

"Anonymous said...
How does a union work in a right to work state? Guessing if a union is voted in, the workers who decided to pay dues get backed and the others dont? What about rules, guidelines, pay? So do the non paying pple tag along for the free ride during those talks? Also, can union dues be cheaper? Like $20 a month, $65 is alot=700 a year...
February 24, 2016 at 10:26 PM"

RTW states allows you not to pay dues but freeload all the benefits. The final contract applies to all. If you did not fill out a card you may not be involved in the negotiation process. Being in a union your weekly benefits average $200 more. That is a combination of increased pay, pension, 401k, health care, etc.. You are already paying that $200 a week right now to the company so $17 is a reduction. Work your entire life in "transportation" and miss out on $700,000. Union or not it's your choice.

" Anonymous said...
My anti union meeting a few months back said that pension plans are diminshING and 401k is safer. If a union were in plqce, is it possible to scratch a pension and have xpo pay more into our 401k...now is hardly much... I think 3%
February 24, 2016 at 10:28 PM"

You have control of contract content. If your terminal wants to negotiate away the pension and beef up the 401k, that is your choice. Personally I would opt for both to be improved.

Anonymous said...

Noone has to pay Union Dues until you get a CONTRACT, meanwhile your protected for free until a Contract at least you are not at will Employee's.

Anonymous said...

They say there is no need for unions anymore, maybe they can explain to me where the middle class in this country has disappeared to???

Anonymous said...

That's BS we need Union to better ourselves and to have a better future, unless otherwise Corporate Executives will always make all the money$$$ and we will always be At Will Employee's if that's you all want, then you can all be maybes or Could have beens. I REST MY CASE.

Anonymous said...

Whatever is left of the middle class is keeping this country in life support.if it wasn't for the unions we all be earning Walmart wages,competing with Mexican trucking companies coming across the border to take our work if it wasn't for unions it will be a race to the bottom.

Anonymous said...

Well I was on the LTL comment boards. I read comments from 2 years ago. I see why the xconway slave driver's got away with getting away with fucking the working people. Way to many delusional slaves. I read post about how great Doug and his management ran Xconway and how great Xconway was going to be. Then about a 1 1/2 ago i started to warn all of you about the changes. So i read some comments about how i was a liar and didn't know what i was talking about. Then out of the blue xconway turns into XPO and suddenly Doug and management are a bunch of dumb asses and derelict's that ran xconway to the ground. Then they want to blame the union for the world issues. No wonder xconway was ran like a slave factory.It's the fault of the kiss ass workers. But now we are XPO and all the kiss asses started kissing ass right away. Saying how Jacobson is the Greates and how he was going to make things better and no one has anything to worry. Then XPO started their Economic plan and people were saying well someone had to be cut and XPO will take care of the people that are left.well how's that working out? This people are so delusional. So unless we become united as a group and start taking control of our futures nothing will be good for us. Our futures will always be unders XPO management's control. But to be truthful. People at XPO don't want a change. As long as they are kissing ass and getting their crumbs XPO management are the greatest. Sad to see so many ignorant people.

Anonymous said...

50 cent raise and they cut all the xsd dock workers hrs,from 8 to 6 hours per day. no more dock work for p&d drivers returning from their runs. No linehaul drivers allowed to work the outbound dock before their loads are ready. Who's going to load the frieght? well it backfired on them last friday, they had no one to load the linehaul runs with 16 breakers hanging, as they sent most of the dock workers home after six hours. So, they begged the linehaul drivers to work the dock again to get the freight loaded. Can't wait to see what they do this week!

Comon XSD,XCV,and XNJ it's time..... We need to at least protect what we still have before its too late and it's all gone! The union is ready to help and they can protect us!

Anonymous said...

All they can see in USB is oh boy 50 cents don't care about health care or pension and they say I don't have to pay union dues .. Stupid or pay way more by not being UNION YOU DUMMIES HAHA

Anonymous said...

DON'T WAIT FOR THE LAST MINUTE MIRACLE THERE WON'T BE ONE!XPO IS CUTTING AGAIN AND THEY HAVE TO CUT MORE EMPLOYEES THIER LOSING $$$$$ CUTS CUTS AND CUTS

Anonymous said...

I'm on the fence with a union in chicagoland, speaking in general but a union needs to learn how to cut ties with the fat lazy worker and backing them up when they fuck up or do a piss poor job. This goes in any job and union. Unions should be strong and kick out the fat lazy, oh cuz I'm green worker instead of taking their money and fighting for their job. Guessing this is easier said than done, just my two cents.

Anonymous said...

If you guys want to move forward, you need to communicate better, not just word of mouth. Maybe have someone pass out info outside the parking lot after shifts, or have ringleaders from termninals send emails to coworkers. The emails would be best to keep anonymous. This site is helpful but not for each terminal info.

Anonymous said...

I brought up that we need a union to a close group of coworkers, they didn't turn it down but they said if I were to bring up union to the wrong people, it would get bad ( more writeups, management would not go for it, I would find myself in a position of getting terminated for any reason once they found out ). They said my terminal (management and some workers) have a no way attitude towards a union. However when asking around, most people are open to the possibility and would be at least willing to listen.
I know the newer people would say yes, the seniors would probably say yes, the middle people are probably half.

I would like to see it happen in Chicagoland. Has any other terminals gone union? How is it working? My terminal is a class 1, would we find ourselves with even more rules, dwell times, motor moves, anything speeches? What about your health care, 401k, hours worked, overall attitude?

United and Strong said...

"Anonymous said...
If you guys want to move forward, you need to communicate better, not just word of mouth. Maybe have someone pass out info outside the parking lot after shifts, or have ringleaders from termninals send emails to coworkers. The emails would be best to keep anonymous. This site is helpful but not for each terminal info.
March 1, 2016 at 9:59 PM"


We have offered up help in the past and the offer still stands. We can help with centralized communication if you like on our site. Register and let us know what you need. There is a forum and private message system to help you keep in contact.
http://freightunited.is/union/

Anonymous said...

I ran into a standard forward trucker today and brought up how union company is, he said "they keep fucking with my pension", makes me hesitant to go work there or bring that to xpo, any insight on that?

Anonymous said...

It's in a contract and voted on how company can keep F with the pension

United and Strong said...

"Anonymous said...
I ran into a standard forward trucker today and brought up how union company is, he said "they keep fucking with my pension", makes me hesitant to go work there or bring that to xpo, any insight on that?
March 2, 2016 at 11:39 PM"

You decide what is in the final contract. Craft a pension plan that works for your situation. Make it stronger or dump it for a stronger 401k it's all you choice.

Anonymous said...

What is happening next week? Layoffs? For who? USB, where's that?

Anonymous said...

Usb is inland empire area of southern California san bernardino and riverside countys one of conways biggest service centers

Anonymous said...

Union = vote vote put it in contract vote yes or vote no it's your choice your contract nobody tells you what to do with your contract wake up XPO

Anonymous said...

The Truth is when you have Power and Money you can BUY TIME! and that is what Conway was doing passing all the Bullshit left behind on to XPO Logistics to pick up Dirt and continue with the Bullshit, but hey it's the same Shit we're still fighting for what we believe
and so is the Company. There will be a Cost of Living Increase for all of Conway's Employee's, we will see if the Executive of XPO LOGISTICS Mr Brad Jacobs will be Dignified with Honors Enough to give the cost of living Increase to all of his Employee's Nationwide on April 11th like he has Promised only to be Seen, so that every employee that he has so they can Truly Respect Mr Jacobs we're sure he's a man of Dignity not like X-CONWAY?.