Saturday, July 31, 2021

The Struggle is Real!

First, I like to congratulate the very brave and persistent XPO employees of Florida and New Jersey on their new Teamster contract! 

It has been a very long time coming. But with this victory more will come.

Our struggles at FedEx Freight were very difficult.  With their anti union tactics of everything from, one on ones, anti-union propaganda and firing of pro union employee, using " constructive terminal" tactics and just outright lies. FedEx had deterred most of our terminals from moving forward. Except for our Stockton Teamsters.Who still haven't negotiated a contract, because of FedEx's not keeping their promise of "if a terminal would vote for representation we will negotiated". But have won several unfair labor charges against FedEx. They are alone.

XPO Teamsters beware! Though you are getting  contracts,which is a very good thing, yes. But don't underestimate XPO's attempts to find some of their loyal employees to try to decertify or undermine your successful campaign.

With your success, courage and will. You may have paved the way for others to follow your lead. Are you listening FedEx Freight employees!


Your Brother from FedEx Freight


Rudy Hernandez / aka irudedog 

P and D driver

San Bernardino Ca.

Thursday, July 29, 2021

 

Wage and Hour Division


The U.S. Department of Labor today announced a final rule to rescind an earlier rule, “Joint Employer Status under the Fair Labor Standards Act” that took effect in March 2020. By rescinding that rule, the Department will ensure more workers receive minimum wage amind overtime protections of the Fair Labor Standards Act.

 

The rescinded rule included a description of joint employment contrary to statutory language and Congressional intent. The rule also failed to take into account the department’s prior joint employment guidance. The U.S. District Court for the Southern District of New York vacated most of the rule in 2020.

 

Under the FLSA, an employee can have more than one employer for the work they perform. Joint employment applies when – for the purposes of minimum wage and overtime requirements – the department considers two separate companies to be a worker’s employer for the same work. For example, a joint employer relationship could occur where a hotel contracts with a staffing agency to provide cleaning staff, which the hotel directly controls. If the agency and the hotel are joint employers, they are both responsible for worker protections.

 

A strong joint employer standard is critical because FLSA responsibilities and liability for worker protections do not apply to a business that does not meet the definition of employer.

 

The final rule becomes effective September 28, 2021.

 

For more information about the FLSA or other laws it enforces, visit the Wage and Hour Division, or call toll-free 1-866-4US-WAGE.


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Monday, July 19, 2021

WORKERS AT XPO LOGISTICS IN MIAMI MAKE HISTORY, RATIFY FIRST CONTRACT

 

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(MIAMI LAKES, FL) – Following a six-year battle, from organizing to completed contract, workers at XPO Logistics in Miami made history on Saturday, July 10 when they voted unanimously to ratify the first Teamsters contract at the transportation and logistics giant, which puts the workers’ rights and work lives in a legally binding written contract for the first time.

“XPO management said workers in the U.S. would never ratify a contract, but never is now,” said Jim Hoffa, Teamsters General President. “I applaud the workers who stood strong and united over the past six years, despite the company’s horrific anti-worker actions and delays.”

“This historic event is the result of nearly six years of bargaining, company law breaking, and delays by XPO, which purchased Con-way Freight in late 2015,” said Ernie Soehl, Director of the Teamsters National Freight Division.

The drivers and dockworkers at the former Con-way Freight voted to join Local 769 in December 2014. While thousands of workers at XPO in Europe belong to unions, this is the first ever Teamster contract at the company and paves the way for more to come.

“Workers have picketed, leafletted, filed labor charges, testified in court, filed lawsuits, conducted a ULP strike and more to win justice, and now that justice is here with the ratification of their first contract,” said Josh Zivalich, President of Teamsters Local 769 in Miami.

“We remained strong, united and focused here in Miami and we never quit our fight for justice,” said Mike Zangrillo, a driver. “I urge my coworkers in other locations to fight for a fair contract and to not give up.”

The contract includes “just-cause” protections, a grievance process, successorship language, job protection language and retirement protections, among other improvements.

Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico. Visit www.teamster.org for more information. Follow us on Twitter @Teamsters and “like” us on Facebook at www.facebook.com/teamsters.

WORKERS AT XPO IN N.J. RATIFY CONTRACT; 2ND CONTRACT APPROVED IN A WEEK NATIONWIDE

 

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(TRENTON, NJ) – Drivers at XPO Logistics in Trenton, New Jersey made history of their own on Saturday, July 17 by ratifying their first contract, one week after their co-workers in Miami did the same, and the two groups now have their rights and protections in a legally binding contract for the first time.

“For the second time in one week, XPO workers ratified their first contract at XPO despite XPO management saying workers would never ratify a contract,” said Jim Hoffa, Teamsters General President. “These two groups’ positive contract votes give other XPO workers the hope that they too can fight and win a more secure future as Teamsters.”

“I’m proud to welcome all the XPO workers into the Freight Division, and I’m especially proud since the Trenton workers are members of my local, Local 701,” said Ernie Soehl, Director of the Teamsters National Freight Division. “These two contract victories are critical in our fight to build worker power at XPO.”

“I’m happy to be joining our brothers in Miami who ratified their contract and I look forward to expanding and improving upon this two-year agreement that gives us a strong foundation to build from,” said Bruce Ryan, a linehaul driver at the former Con-way Freight and XPO since 1996. “I also look forward to bringing more XPO members into the Teamsters Union so that they can also have their rights and protections in writing.” XPO purchased Con-way in 2015 for $3 billion.

The group of 34 drivers at XPO in Trenton voted to join Local 701 in April 2017. XPO has delayed negotiations, broken labor laws and mistreated workers, all in its attempt to deny workers their federally protected right to form their union and negotiate a contract.

The contract includes “just-cause” protections, a grievance process, successorship language, job protection language and retirement protections, among other improvements.

Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico. Visit www.teamster.org for more information. Follow us on Twitter @Teamsters and “like” us on Facebook at www.facebook.com/teamsters.