Wednesday, December 9, 2015

For the Record: Debunking Myths About the Gardena Strike


On November 9, 2015, FedEx employees from the Gardena, CA terminal went on strike to protest the company's unfair labor practices. FedEx management has wasted no time trying to spread misinformation about the events of that day.
Here are a few of the myths that management would like you to believe about the Gardena strikes and the truth about what really happened.

MYTH: The police refused to enforce trespassing laws because, as union members, they are biased.

REALITY:  According to Penal Code 552.1 PC union activities are an exempted from trespassing laws. "This article [prohibiting trespassing on or near posted industrial property] does not prohibit: (a) Any lawful activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent, or member thereof, or of any employee group, or any member thereof, employed or formerly employed in any place of business or manufacturing establishment described in this article, or for the purpose of carrying on the lawful activities of labor unions, or members thereof." (From <http://www.shouselaw.com/trespass.html)

This means that the police were just following the law. Unfortunately, FedEx would rather question the integrity and authority of officers than accept that it is perfectly legal for their employees to strike. 

MYTH: The Teamsters forced the terminal to shut down.

REALITY: The representative for FedEx in an Ex Parte hearing explicitly stated that FedEx made a "judgement call" to "not attempt…to bring a truck in or take a truck out". Our sources have confirmed that the union leadership that was present that day was more than willing to negotiate that the terminal remain open and operational.

If any financial damage was done by this strike, it was caused by managements' unwillingness to even address the picketers.

MYTH: The picketers were disruptive and harassed a fellow employee.

REALITY: In the Ex Parte hearing requested by FedEx, Sergeant Berardi of the L.A. County Sheriff's Department, testified that the picketing was so peaceful that he did not feel the need to post a peace officer at the event.

The one accusation of harassment is questionable at best, with the accuser having multiple discrepancies between their signed declaration and testimony. There were however, multiple witnesses who testified that an anti-union employee brandished a tire iron in an aggressive manner during the event.

In a recent newsletter about the strike, FedEx states that "the way the Teamsters and pro-union employees behaved in Gardena speaks for itself" and we agree. The POLICE obviously thought they were well behaved, the only credible threats of violence came from ANTI-UNION  employees and the only reason there was any disruption of work and pay was because THE MANAGERS decided to shut down the terminal for the day.

It appears that FedEx is up to their same old tricks of deceit and misinformation again. It is disappointing that their anti-union campaign would even go so low as to attempt to smear a police officer's integrity to uphold the law but it just goes to show that they will stop at nothing to try to stop their employees from joining the Teamsters.

Stay Strong and Fight On!

3 comments:

Joe Nuño said...

Hearing all about RJ in Devore putting his foot in his mouth without thinking his thought has made me wonder and laugh...is he for the Union?
Or is he trying too hard to hate us pro Union and putting to much effort in sucking up in management?
Good job Today RJ for your input at the drivers meeting... You just put the secret out RJ

Anonymous said...

I am a former non Union GI/Estes driver who knows a lot of Former Viking/Fed Ex drivers who run on the line board And i heard the company wants to pay them along with the city drivers the same rate of pay. I heard 35 per hour? That is long over do and i think that is great.But my personal feelings are that line drivers in all fairness should make 50 per hour.And again this is A company decision to pay this rate I don't feel that line drivers should be upset.I think line drivers should argue with Management that your Job deserves more per hour for the reasons that you are in Climate and road conditions changes all the time example Snow-Rain-Winds driving at Night and early mornings away from your families on holidays and fatigue drivers from other Trucking companies and just regular people trying to reach there families afar.I have worked City for 14 years and line for 15 and most important work Union now "Teamsters" I have been injured from work and do not stress about my job not being there or not having my Benefits paid for Health and welfare that means every thing is paid for including my pension.So I think you drivers should stick together and think about why Fred Smith is doing this? Demand more and Demand he pay a Pension and your health and welfare. He makes a TON of money it is about time he take care of his drivers the heart and soul of Fed Ex Good luck and think about it. Ramon ABF driver.

Anonymous said...

Its up to the workers if they want to become union fedex employees or stay being subcontractors for a company that don't seem to care. Where would you rather work Kroger or scum mart (Walmart)