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Monday, March 28, 2016

Lifting the Curtain on Union Organizing Campaigns


Filed in Workplace Rights By  on March 23, 2016

“Pay no attention to that man behind the curtain. The great Oz has spoken,” the actor Frank Morgan thundered in the famous 1939 movie. Once Toto pulled back the curtain, and we saw the white-haired man frantically pulling levers and turning cranks, we knew who was really talking.  Viewers can argue about whether the Wizard of Oz was an enterprising charmer with brains, heart and courage to spare, or a cynical con artist.  But you can’t make an informed decision if you can’t see behind the curtain.
When the message is heard but the speaker is hidden, the result can be confusion. That’s what often happens in today’s workplaces when workers try to organize. Workers may perceive that trusted managers and supervisors are speaking their own minds, when in fact these co-workers are reciting a message crafted by professional consultants called “persuaders.”
New rules from the Labor Department will now provide transparency to workers and the public. We have refreshed an outdated statutory interpretation, putting in place a simple, common-sense reporting requirement for when employers pay for persuader services during union organizing efforts. The rule in no way limits what employers or consultants can say. It just means that workers will know who has crafted the message.
Basic fairness dictates that workers know who is responsible for the information that is being shared with them during union organizing efforts. If someone was trying to persuade me about something as personal and direct as my job and my workplace, I’d want to know all of the sources for their messages. Only then would I feel I could judge for myself the content of the messages.
In many cases, unions already have to disclose information about how they spend their money, including during organizing. But on the employer side, workers have had little if any information, as the prior interpretation of the statute made it easy for paid consultants to influence and persuade workers without their involvement ever becoming known.
Persuaders often have employers tell their employees that a union is an outsider or a “third party.” Sometimes this message is taken even further. Workers are told that they and the employer are a family and the family will be harmed by the intrusion of the third-party union. But many employees might give this “intruding union” argument less weight if they knew that the employer itself brought in an outside third party. In addition, workers who are told that there is no money for raises that the union might push for may be interested in knowing how much money their employer is spending on outside consultants.
The reporting requirements put into place by the revised rules are minimal. Employers and consultants will file a brief form with checkboxes when they have entered into persuader agreements. Consultants will also file a form when they present union avoidance seminars for employers. That’s it. Plus, the form already exists. Employers and consultants already file it in some cases, when persuaders themselves directly communicate with the employees.
The new interpretation simply applies the statute to circumstances when it’s most needed: when the consultant is hidden. The rule only applies to agreements entered into after the rule becomes effective. This is a small change that will result in a meaningful increase in the amount of information available to workers and the public.
For all the rhetoric that has flown forth during the years the department has worked on this regulation, let’s face it: many employers engage consultants when there is a union organizing effort. If an outside expert drafts communications for you to  share with your employees, and if you are  willing to pay the outsider to prepare what you tell  your employees, then all this rule tells you to do is to draw back the curtain and reveal who scripted the message and managed its delivery.
Michael Hayes is the director of the department’s Office of Labor-Management Standards.


https://teamster.org/news/2016/03/teamsters-hail-new-labor-dept-rule-leveling-organizing-playing-field

49 comments:

Anonymous said...

IT'S ABOUT F******KEN TIME THAT THIS LAW COMES IN AFFECT MOST UNION BUSTERS COME IN AND INTRODUCE THEMSELVES AS COMPANY EMPLOYEES WHICH THIS IS ALL LIES, TRYING TO PERSUADE THE WORKER'S NOT TO FORM A UNION WHICH AGAIN IS AN EVERY INDIVIDUAL RIGHT TO FORM A UNION IF MANAGEMENT IS IMPLEMENTING UNFAIR LABOR PRACTICES WHICH OCCURS MOST OF THE TIME IN OUR WORK PLACE THE COMPANY KNOWS ABOUT OUT IT BUT WHEN IT GETS OUT OF HANDS AND THE WORKER'S UNITE AND BRING IN THE UNION FOR HELP THAT'S WHEN CORPORATE CLEANS THEIR HANDS WITH THE PROBLEM OR CONFLICT AND MANAGEMENT IS LEFT OUT IN THE COLD! C-YA WOULDN'T WANTA BE YA.

Anonymous said...

Xau it's time once again to raise up and demand some respect sign them cards and take what will not be given a better future for your family
White wolf out

Anonymous said...

THE FIRST PLACE WE LOSE OUR BATTLES IS IN OUR OWN MIND.

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 3rd like he has Promised, only to be Seen, so that every employee that he has can Truly Respect Mr Jacobs. we're sure he's a man of Dignity not like X-CONWAY?.

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 3rd like he has Promised, only to be Seen, so that every employee that he has can Truly Respect Mr Jacobs. we're sure he's a man of Dignity not like X-CONWAY?.

Anonymous said...

The truth is power is not given it is taken vote yes so you can sit at the table and tell them what you want

Anonymous said...

Xau meeting April 9th the time is now tom is gone and they bring in Rocco seems like he is worse and how funny tom is now TM at yellow union company so much for union is so bad hahaha

Anonymous said...

You can all see for yourselfs that the Truth of all Management with the Exception of a Few are Full of Sh****t, to work for a Company like X-CONWAY or XPO where they push thier Management Teams in all Terminals to be ANTI-UNION but yet the first chance they get to go work for a Union Company they without missing a Beat; AND THEY ALL CONTRIDICT THEMSELVES!!!
I REST MY F*****KEN CASE, AGAIN.

Anonymous said...

Laredo is strong, camera man is here

Anonymous said...

White wolf here it took a year but Abe is gone fired today Carmas a bitch Now you can post whatever you want on Facebook

Anonymous said...

Abe...Where?

Anonymous said...

Is that the dude that had posted rscial comments on Facebook?

Anonymous said...

50 cents it's never been about the money only I notice a lot of dsr only focus on 50 cents you received two dollars plus thanks to the teamsters union and the problems never went away so don't always worry about 50 cents get a chance to negotiate your future money ,benefits pension ect ect not just 50 cents that's XPO way of getting out of negotiations and dsr buy into that... UNION YES FOR BETTER FUTURE AND NEGOTIATIONS WHICH WILL INVOLVE US NOT ONLY XPO

Anonymous said...

50 cents it's never been about the money only I notice a lot of dsr only focus on 50 cents you received two dollars plus thanks to the teamsters union and the problems never went away so don't always worry about 50 cents get a chance to negotiate your future money ,benefits pension ect ect not just 50 cents that's XPO way of getting out of negotiations and dsr buy into that... UNION YES FOR BETTER FUTURE AND NEGOTIATIONS WHICH WILL INVOLVE US NOT ONLY XPO

Anonymous said...

Yes the man that hides behind Facebook gone

Anonymous said...

Karma is a bitch, that's what happens when you practice hatred against races.....There's a price that will be paid. NNC IS IN THE HOUSE!

Anonymous said...

We need more management replacement!! Eliminate the Conway

Anonymous said...

Xdp will vote for Union next week they got 85% cards sign

Anonymous said...

Have they Filed the Petition yet to Vote?

Anonymous said...

NMF TEAMSTERS GOING STRONG BABY!!!.

Anonymous said...

Especially at xpn/superstar Farr shin ey car

Anonymous said...

Well seems like the pig is about to start getting painted..I bet all the xconway/xpo kiss asses are gloating about the rebranding.. But i want to show all you kiss asses and cock suckers who say they hate unions. Well just remember that Freightliner truck your driving was built by union workers.. So if you hate Unions get your asses out of that truck and protest that you want a union free truck.. What a bunch of sheep people are... Anyways here swallow this.

Anonymous said...

DETROIT – UAW members at Daimler Trucks North America’s (DTNA) facilities located in Cleveland, Mt. Holly and Gastonia, North Carolina, ratified a new four-year collective bargaining agreement today. DTNA and the UAW worked together to achieve a contract that rewards workers for several years of consistently increasing market share and quality production, while increasing the competitiveness of DTNA’s truck manufacturing plants based in North Carolina.
The contract includes a $7,000 ratification bonus and 3 percent wage increases the first and third years of the agreement, with 3 percent lump-sum bonuses in the second and fourth years. Other economic gains include an increased night shift premium and an attendance bonus program.

Faced with the increasing cost of providing health care benefits to retired workers, the UAW and DTNA worked together to establish a Voluntary Employee Benefit Association (VEBA) that will secure retiree benefits for the long term. The contract, including the VEBA agreement for future retirees, becomes effective, upon Daimler Supervisory Board approval. Upon court approval, current retirees will also be included in the VEBA and DTNA will provide additional funding.

Anonymous said...

XDP FILED PETITION TO HAVE A VOTE AT THE LOCATION, EITHER THEY GET RID OFF 2 FOM OR WE GO UNION VERARDI, WILSON GOT TO GO! WE NEED BRIAN PRINCE BACK!! ASAP

Anonymous said...

AND THE FIGHT CONTINUES FOR THE 1ST AMENDMENT FOR THE LABOR WORKERS TO HAVE A BETTER LIFE,FUTURE,WITH DIGNITY AND RESPECT, WE SHOULD ALL VOTE AGAINST FOR A FREE STATE OF UNION IN FLORIDA!!! ( NOT A RIGHT TO WORK STATE ) !!! LIKE THEY DID IN WISCONSIN.
WHEN WILL WE STOP THESE DIRTY POLITICIANS OR THE C.E.O'S OF AMERICA OR THE RICH $$ THAT KEEP TAKING ALL OF OUR HARD WORKING MONEY $$$ IN PAYING OFF WHOEVER THEIR PAYING OFF TO KEEP THIS STATE A ( RIGHT TO WORK STATE ) WE THE PEOPLE ARE F*****KEN! DONE!WHY DON'T WE TRY TO TAKE ALL THAT MONEY FROM THE RICH AND SEE WHAT HAPPEN OR TELL THEM THAT THEY DON'T NEED SECURITY OR A CONTRACT OF THEIR JOBS??? ASK THEM HOW THEY WOULD FEEL! UNION ALL THE WAY!!!

Anonymous said...

1. Can I make a phone call to the union and request a vote for my terminal or do I have to meet them in person?
2. Is their a different union besides teamsters to talk too? It's just that the teamsters seem to run poorly these days based on people's perspectives

Anonymous said...

Is xpo gonna sell us to fed ex or ups? Can it happen soon, I still tell people I work for conway, xpo seems like a joke, no uniforms, rebranding, if I want an xpo short than I have to buy it, wtf is that

Anonymous said...

^Right to work is good for alot of jobs in Wisconsin. However, for the bigger employers say more than 50 people, it should be exempt.

Anonymous said...

What percentage of the workers has to approve a union in?

Anonymous said...

You have to meet them in person. You have to sign a union card. And if you want a vote and win you need the majority of the employees to vote a big YES.. If you guys do that ,then you and your coworkers have the power to ask for what you guys want..
Yes there is Other union's as you can read the Freightliner worker's have the UAW Union...
As for the teamsters running things poorly. Just remember one thing. when you join a union along with your coworkers.You guy decide what happens in your area and contract.. And if you hear that you guys have no control by having a union..Ask what control do you guy's have now? UNION'S GIVE'S US A PART IN PLAYING THE ECONOMIC GAME.

Anonymous said...

Xpo isn't going to sell anything for at least 3 year's. Either they have to show a profit to the buyer or show a loss to the government so xpo can get some of the money that was lost.. But don't worry xpo is going to start kissing ass. The Equipment is about to be rebranded and you'll be getting some crappy xpo uniforms. And everyone will be happy...
Oh but don't forget Doug. His very well compensated .because he had a contract. Keep the dream alive...

Anonymous said...

51%

Jr said...

You need 50+1 to win a union election if your barn or terminal has 40 employees illegible to vote you'll need 21 yes votes to be a Union terminal represented by the teamsters or any other union representative.

Anonymous said...

And don't forget card check law passed about a year ago.

Anonymous said...

WELL SAID MY FRIEND, TELL ME WHAT PROTECTION DO YOU HAVE NOW? I'LL TELL YOU NONE! AND IT WILL ALWAYS BE NONE! U WILL ALWAYS BE AT WILL EMPLOYEES UNTIL U HAVE A CONTRACT THAT'S WHY THESE BIG COMPANIES DON'T WANT UNION! SO THEY CAN TELL YOU WHAT TO DO WHENEVER THEY WANT.

Anonymous said...

YOU DON'T WANT TO WIN WITH 51% U NEED TO WIN WITH AT LEAST 70-80% OF THE VOTES WHY BECAUSE FOR THE RECORD FOR YOU UNION BUSTERS OUT THERE YEAH YOU KNOW WHO YOU ARE, NOONE IS STUPID EXCEPT THE IGNORANCE OF IN YOUR OWN MIND, AND THAT'S WHERE YOU LOSE YOUR FIRST BATTLE. THE WILL SICK THIER DOGS ON YOU WHICH IS THE COMPANY’S LAWYERS AND THEN IT WILL TAKE YOU FOREVER TO GET CERTIFIED, JUST LIKE WHAT'S HAPPENING WITH LAREDO TEXAS. EVENTUALLY THEY WILL GET IT IT'S JUST A MATTER OF TIME THEIR JUST WAITING TO SEE WHO JUMPS OUT OR WHAT HAPPENS NATIONWIDE WITH OTHER TERMINALS THAT'S ALL IT'S JUST A GAME.

Anonymous said...

Hello everyone I have a great resource for you all.its the Xpo ethics line if you are have problems with management,supervisors or anything.this is a great equalizer without further do here's the info www.ethicspoint.com or 800-638-1486 you can remain anonymous please note if you leave your name you may be retaliated against.

Anonymous said...

Hello everyone I have a great resource for you all.its the Xpo ethics line if you are have problems with management,supervisors or anything.this is a great equalizer without further do here's the info www.ethicspoint.com or 800-638-1486 you can remain anonymous please note if you leave your name you may be retaliated against.

Anonymous said...

CHARLOTTE ,NC FIRED THERE TERMINAL MANAGER AND ALL HELL HAS BROKE LOOSE. HOLD ON GUYS HELP IS ON THE WAY.

Anonymous said...

Yeah that's the problem. You will get retaliated against..Even if you don't leave your name.They have caller Id..
We have no power against management..they get away with being bullies.

Anonymous said...

What union does everyone go with? Teamsters or UAW? I would feel that the UAW would be a wiser choice but does it really matter? I'm debating on whether to actually meet and sign a card and I don't want to pick a bad one. I guess either way, our $ stays with our umbrella correct? And that I mean if we setup a retirement plan, all of our money stays in our contract minus union dues?
Im kinda nervous meeting them even though it's in my right too, will they be contacting my terminal and spreading the word that I started it? I think if a vote came through, it would be like 60/40 yes, alot of heads down the last 5 years. Thank you for input

Anonymous said...

Does anyone thing we will be sold again? The ltl? If so, who would be possible buyers, I'm on the fence whether to make a career or go to a better company where I can make a career. I don't like feeling that if I stumble one day, I'll be pushed into a corner of the wall and door

Mo jones said...

Teamsters are a better choice for trucking industry.don't worry if you sign a Union authorization card and meet with a Union organizer information is confidential. You're protected by the national labor relations board. Information, knowledge, is power

Anonymous said...

An average of $700/yr. on Union dues are tax deductible.
An average of $3,224 on health insurance premium we are paying per year is not tax deductible.with a Union contract we can probably be saving at least $1,500/yr including unions dues.

United and Strong said...

You pay $200 a week to stay out of the union now so you will be ahead by spending $60 a month on dues. The more you learn what can be done for you and what can't be done to you for trying to organize the better off you will be driver. Fear sells until you stop buying it.

Anonymous said...

LISTEN UP PEOPLE LINE-HAUL IS RUNNING OUT OF TIME ! IMAGINE WHAT THESE LINE HAUL DRIVERS THAT BEING DRIVING FOR SUCH A LOG TIME WILL DO WHEN THEIR
LINE-HAUL DISAPPEARS? I'VE GOT THE ANSWER FOR YOU! YOU CAN'T COME BACK TO P&D NO SR BRAD JACOBS WON'T LET YOU JUST WAIT AND SEE. WHY? LET ME GIVE YOU THE ANSWER!
AND THE ANSWERS IS? BECAUSE YOU WILL BE TO COSTLY$$$ FORM HIS OPERATION THAT'S WHY. ENJOY YOUR SUMMER!!!!!!!

Anonymous said...

Yes

Anonymous said...

So Bubba here XPO is saying all across the nation that LINE-HAUL IS HERE TO STAY, people if you believe this you are all a fools but hey to each it's Own time will only tell and the Truth will always PREVAIL!!!

Anonymous said...

XPO looks for more LTL savings in outsourced linehaul
XPO plans to put the former Con-way Freight's outsourced linehaul work up for bid for the first time in years, part of a broader plan to seek greater savings in its logistics and transportation businesses, chairman and CEO Bradley S. Jacobs said in a Meeting.