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/
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!