WASHINGTON -- Yesterday marked the 27th month of the unfair labor
practice strike against Overnite Transportation Company, the
trucking subsidiary of Union Pacific Corporation, according to a
Teamster press release. The workers began the strike in Memphis on
October 24, 1999. The strike quickly spread across the country and
is the longest freight strike in history. Strike activity continues
across the country. Here is an update of recent events:
BAD
FAITH BARGAINING CHARGE: In August 2001, the Teamster filed a
national unfair labor practice charge against Overnite for bad faith
bargaining. After more than 200 fruitless contract-negotiating
sessions, the Teamsters are hopeful the NLRB will soon issue a
complaint against Overnite for its refusal to bargain in good
faith.
No contract negotiations have taken place since March
2001. The national charge noted that whether it is on the loading
docks and break rooms of terminals across the country where threats
and promises are delivered, or whether the source of the conduct is
the overblown rhetoric and smarmy blithering of John Raudabaugh,
Overnite's chief contract negotiator, delivered in now countless and
always meaningless bargaining sessions, Overnite's violations
continue. Simply stated -- Overnite's unlawful conduct away from the
table and at the table are one in the same.
ILLEGALLY
WITHHELD WAGES: The United States Court of Appeals for the Fourth
Circuit will soon issue a decision regarding the wages Overnite
unlawfully withheld at Teamster represented terminals and the first
four of eleven bargaining order terminals. The Fourth Circuit had
already ruled that there is no question that Overnite is guilty of a
litany of serious and pervasive misconduct and violations of federal
law and ordered Overnite to recognize the four bargaining order
terminals and compensation the workers for the unlawfully withheld
wages. A month later, the court mysteriously vacated its decision
and entertained oral arguments in September 2001.
TEST OF
CERTIFICATION: On January 25, 2002, the Fourth Circuit Court of
Appeals will hear oral arguments on Overnite's appeal of the
certification of four terminals, Detroit (Romulus), MI, Buffalo
(Tonawanda), NY, and Bowling Green and Lexington, KY, that voted for
Teamster representation. Overnite has refused to recognize the
terminals and to allow them at the negotiating table.
For
example, workers at Overnite's Detroit terminal won their election
with 63 percent of the vote on March 15, 1995. Overnite challenged
the results of the election. On September 8, 1999, after a lengthy
appeals process, the NLRB certified the Detroit workers 1995
election victory for Teamster representation. Nonetheless, Overnite
still refused to allow the Detroit terminal to participate in
contract negotiations. The NLRB General Counsel issued a Summary
Judgment. Overnite appealed to the full NLRB. On March 8, 2001, the
full NLRB granted Summary Judgment against Overnite. Overnite
appealed to the U.S. Court of Appeals for the Fourth Circuit. The
Court of Appeals is finally hearing the case will issue a decision
within the year. Therefore, the Detroit workers, who voted
overwhelmingly for Teamster representation, will have their
certification delayed for more than seven years because of
Overnite's tactics to stall the process. Overnite's ``appeals
scheme'' to deny its workers' basic bargaining rights is well
documented. For example, workers at Overnite's Bedford Park terminal
in Chicago won their right to engage in collective bargaining in
1982 -- twenty years ago -- and are still without a contract because
Overnite refuses to bargain in good faith.
BARGAINING ORDERS:
In August 2001, the NLRB ordered Overnite to bargain with Teamsters
at Dayton and Richfield, OH, Nitro and Parkersburg, WV, Nashville,
TN, Rockford, IL, and Bensalem, PA, bringing Teamster representation
to 36 Overnite terminals nationwide. Overnite appealed the decision
to the Fourth Circuit Court of Appeals. No date has been set yet for
oral arguments.
OVERNITE MUST REPUDIATE ITS UNLAWFUL CONDUCT:
In December 2001, the NLRB ordered Overnite to repudiate its
unlawful conduct and to post a notice at all its terminals promising
its workers the company would stop violating their federally
protected rights.
WORST LABOR SCOFFLAW IN USA: Overnite
Transportation Company has had more than 1,000 unfair labor practice
charges filed against it since the workers began organizing for
Teamster representation in 1994. With more unfair labor practice
charges and complaints filed against it per employee, Overnite has
earned the reprehensible reputation as the worst labor scofflaw in
the United States of America.
BRIBERY DECISION AGAINST
OVERNITE: The NLRB unanimously affirmed an April 2001 decision
finding that Overnite engaged in soliciting and bribing employees to
circulate petitions to decertify the Teamsters. Additionally, the
NLRB found that Overnite violated federal law by threatening an
employee with disciplinary action if he refused to cross a picket
line.
$1 BILLION SHAREHOLDER LAWSUIT: In June, 2001, the
shareholders of Union Pacific sued Leo Suggs and other executives of
Union Pacific and Overnite, and Union Pacific's Board of Directors
for their 'Billion Dollar Blunder'; a systematic anti-labor campaign
at Overnite that caused a dramatic $1 billion dollars loss in
shareholder value. The lawsuit claims that the executives pursued an
unlawful conspiracy to deny the workers their federally protected
rights, reducing the value of Overnite from its $1.2 billion
purchase price to little more than $300 million, a $900 million loss
in shareholder value, and costing the shareholders an additional
$100 million dollars in pursuit of its unlawful campaign. On
February 5, 2002, the court will hear a procedural motion in
Memphis, Tennessee.
DECERTIFICATION ATTEMPTS: At the sixteen
terminals listed below, the NLRB threw out bogus decertification
attempts because of Overnite's ``pervasive and
egregious'' unfair
labor practices.
Atlanta, GA
Cincinnati, OH
Decatur,
AL
Grand Rapids, MI
Indianapolis, IN
Kansas City,
KS
Laredo, TX
Marietta, GA
Macon, GA
Memphis,
TN
Milwaukee, WI
Sacramento, CA
Saginaw, MI
St. Louis,
MO
Toledo, OH
Tupelo, MS
REPRESENTATION: The
Teamsters represent approximately 45 percent of Overnite's drivers
and dockworkers at 36 Overnite terminals across the county,
including five of Overnite's seven largest service centers.