Taking On Taking On - Teamsters Local 25

1279_Local25_Spring07.qxp 4/6/07 11:21 AM Page 12
NLRB Shoots Down
FedEx’s Latest Ploy
Board Rules That Local 25
Literature Was Not Misleading
A National Labor Relations Board
(NLRB) administrative law judge has
shot down FedEx’s objections to the
worker victories in Wilmington,
Massachusetts, slamming the door on
the company’s latest ploy to deny
workers a strong voice on the job.
In the wake of the October 20, 2006
election, in which FedEx Home
Delivery workers voted 24-8 to join
Local 25, FedEx filed charges with the
NLRB. The company asserted that
Local 25 sent two misleading pieces of
campaign literature—a sample ballot
and information about initiation
dues—to workers prior to the vote.
The NLRB judge ruled against the
company on both objections.
The company even had the audacity
to assert that particular workers read
English poorly, which the company
argued increased the chances that they
were mislead by the union’s literature.
The administrative law judge dismissed
that argument.
“It seems to
me, almost
impossible to
determine—
objectively—short of extensive testing,
whether someone’s reading skills are
limited enough so that it increases the
tendency of a document to mislead in
any particular way,” the judge wrote.
“Once again, FedEx will stop at
nothing to try to deny these workers
their federally protected right to form a
union,” said Sean M. O’Brien, President
of Local 25. “They even tried to insult
our members’ intelligence and aptitude
of English. Thankfully, the administrative
law judge agreed that the company’s
argument is a last-ditch effort to
deny our members their rights.”
On February 16, 2007, the judge
issued the following recommendation:
“The employer’s objections to conduct
affecting the results of the elections in
Local 25 President Sean M. O’Brien attended a FedEx strategy
meeting in mid-March at the Teamsters Headquarters in
Washington, D.C. O’Brien was a main speaker at the event, attended
by union leaders and organizers from throughout the Northeast.
O’Brien shared insights into the recent organizing victory at FedEx
Home Delivery at two locations in Wilmington, Massachusetts.
Local 25 Director of Organizing and Government Affairs Steven R.
Sullivan and Organizer Steve South also attended.
the above matters should be overruled.
As the tally of ballots shows that the
majority of valid votes counted have
been cast for [Local 25] in each election,
it is recommended that the Board
certify [Local 25] as the collective-bargaining
representative of employees in
the appropriate units.”
Workers at two FedEx Home
Delivery locations in Wilmington
voted for the Teamsters.
Genaro Vargas, a driver in
Wilmington, said he was pleased with
the judge’s ruling.
“I felt insulted that the company
tried to say my English is not good
enough to understand what Local 25
sent me,” Vargas said. “I am a proud
Teamster, and I will not let FedEx try to
take that away from me.”
10 | The SPOKESMAN | SPRING 2007 | www.teamsterslocal25.com