A federal judge yesterday issued a temporary injunction ordering the owners of the Flatbush Gardens apartment complex in Brooklyn to end a months-long lockout of more than 70 unionized porters and maintenance workers and resume bargaining “immediately” with the union while the case moves through the NLRB process.
The injunction was sought by NLRB Brooklyn Regional Director James Paulsen, who issued a complaint against Renaissance Equity Holdings, LLC in May alleging various unfair labor practices, including failure to bargain in good faith with the workers’ union, the Service Employees International Union, Local 32BJ. The case is currently pending before an NLRB administrative law judge.
In his
decision, Judge Brian M. Cogan of the U.S. District Court in the Eastern District of New York said he granted the injunction, in part, to prevent the locked-out employees from losing health insurance coverage and being evicted from their apartments.
The
order restores all previous terms and conditions of employment except for reducing the wage rates of employees because of the Employer’s claimed financial hardship. Employees were locked out in late November 2010.
Judge Cogan denied a motion to dismiss the injunction based on an argument by Renaissance that the January 2012 recess appointments of three National Labor Relations Board members were improper, writing that, “In the interest of judicial restraint, the Supreme Court has counseled that a court should not decide a constitutional question unless the question is absolutely necessary to the court’s decision.”
Judge Cogan concluded that resolution of the constitutional question was unnecessary because the injunction petition was separately authorized by the Acting General Counsel under powers delegated by the Board when it had an undisputed quorum. Because the injunction petition was approved by both the Board and the Acting General Counsel, “one of these approvals must have been valid regardless of whether the President’s appointments to the Board were constitutional.”
In relying on the Acting General Counsel’s authorization, Judge Cogan rejected arguments by Renaissance that the delegation of injunction powers to the General Counsel was invalid or lapsed if the Board lost its quorum.
Thursday, March 29, 2012
Friday, March 23, 2012
Shipping giant FedEx to pay $3 million to settle charges of hiring discrimination brought by US Department of Labor
OFCCP News Release: [03/22/2012]
Contact Name: Mike Trupo or Laura McGinnis
Phone Number: (202) 693-6588 or x4653
Release Number: 12-0507-NAT
WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that it has entered into a conciliation agreement to resolve allegations of hiring discrimination by federal contractors FedEx Ground Package System Inc. and FedEx SmartPost Inc., both subsidiaries of Memphis, Tenn.-based FedEx Corp. The agreement concludes compliance reviews that spanned seven years and numerous FedEx facilities in multiple states, and includes the largest single financial settlement negotiated by OFCCP since 2004.
"We are committed to building an economy that lasts — one in which every qualified worker gets a fair shot to compete for jobs, and every employer plays by the same set of rules," said Secretary of Labor Hilda L. Solis. "This settlement is proof that we will aggressively protect workers, promote workplace diversity and enforce the laws governing federal contractors."
During a series of regularly scheduled reviews, OFCCP compliance officers found evidence that FedEx's hiring processes and selection procedures violated Executive Order 11246 by discriminating on the bases of sex, race and/or national origin against specific groups identified at 23 facilities in 15 states. The affected workers include men and women as well as African-American, Caucasian and Native American job seekers, as well as job seekers of Hispanic and Asian descent. The reviews also uncovered extensive violations of the executive order's record-keeping requirements.
Under the terms of the conciliation agreement, the companies will pay a total of $3 million in back wages and interest to 21,635 applicants who were rejected for entry-level package handler and parcel assistant positions at 22 FedEx Ground facilities and one FedEx SmartPost facility. FedEx also has agreed to extend job offers to 1,703 of the affected workers as positions become available. The 21,635 rejected job seekers represent one of the largest classes of victims of any case in OFCCP's history.
"Being a federal contractor is a privilege and means you absolutely, positively cannot discriminate, not when you are profiting from taxpayer dollars," said OFCCP Director Patricia A. Shiu. "Under this agreement, FedEx will have to really examine and revamp its hiring practices across the entire company. The American people ought to have confidence that one of our nation's most trusted brands will not tolerate discrimination."
In addition to the financial remedies and job offers, FedEx Ground has committed to wide-ranging reforms. The company has promised to correct any discriminatory hiring practices, develop and implement equal employment opportunity training, and launch extensive self-monitoring measures to ensure that all hiring practices fully comply with the law. FedEx Ground also has agreed to engage an outside consultant to perform an extensive review of the company's hiring practices and provide recommendations to change and improve those practices, to train incumbent and future supervisors and employees, and to monitor compliance with the equal employment opportunity laws enforced by OFCCP. Finally, the company will take necessary steps to comply with all record-keeping requirements.
FedEx Ground is based in Coraopolis, Pa. The 22 FedEx Ground facilities where OFCCP found violations are located in Sun Valley and Sacramento, Calif.; Tampa, Fla.; Ellenwood, Ga.; Carol Stream and Chicago, Ill.; Indianapolis and Jeffersonville, Ind.; Lenexa, Kan.; Livonia, Mich.; St. Paul, Minn.; South Hackensack, N.J.; Albany and Brooklyn, N.Y.; Greenville, N.C.; Addyston and Grove City, Ohio; Lewisberry, Pa.; Fort Worth, Houston and South Houston, Texas; and North Salt Lake City, Utah. OFCCP also conducted compliance evaluations at two FedEx Ground facilities in Phoenix, Ariz., and San Antonio, Texas, but found no violations.
FedEx SmartPost is based in New Berlin, Wis. The FedEx SmartPost facility where OFCCP found violations is located in Charlotte, N.C.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp/.
Contact Name: Mike Trupo or Laura McGinnis
Phone Number: (202) 693-6588 or x4653
Release Number: 12-0507-NAT
WASHINGTON — The U.S. Department of Labor's Office of Federal Contract Compliance Programs today announced that it has entered into a conciliation agreement to resolve allegations of hiring discrimination by federal contractors FedEx Ground Package System Inc. and FedEx SmartPost Inc., both subsidiaries of Memphis, Tenn.-based FedEx Corp. The agreement concludes compliance reviews that spanned seven years and numerous FedEx facilities in multiple states, and includes the largest single financial settlement negotiated by OFCCP since 2004.
"We are committed to building an economy that lasts — one in which every qualified worker gets a fair shot to compete for jobs, and every employer plays by the same set of rules," said Secretary of Labor Hilda L. Solis. "This settlement is proof that we will aggressively protect workers, promote workplace diversity and enforce the laws governing federal contractors."
During a series of regularly scheduled reviews, OFCCP compliance officers found evidence that FedEx's hiring processes and selection procedures violated Executive Order 11246 by discriminating on the bases of sex, race and/or national origin against specific groups identified at 23 facilities in 15 states. The affected workers include men and women as well as African-American, Caucasian and Native American job seekers, as well as job seekers of Hispanic and Asian descent. The reviews also uncovered extensive violations of the executive order's record-keeping requirements.
Under the terms of the conciliation agreement, the companies will pay a total of $3 million in back wages and interest to 21,635 applicants who were rejected for entry-level package handler and parcel assistant positions at 22 FedEx Ground facilities and one FedEx SmartPost facility. FedEx also has agreed to extend job offers to 1,703 of the affected workers as positions become available. The 21,635 rejected job seekers represent one of the largest classes of victims of any case in OFCCP's history.
"Being a federal contractor is a privilege and means you absolutely, positively cannot discriminate, not when you are profiting from taxpayer dollars," said OFCCP Director Patricia A. Shiu. "Under this agreement, FedEx will have to really examine and revamp its hiring practices across the entire company. The American people ought to have confidence that one of our nation's most trusted brands will not tolerate discrimination."
In addition to the financial remedies and job offers, FedEx Ground has committed to wide-ranging reforms. The company has promised to correct any discriminatory hiring practices, develop and implement equal employment opportunity training, and launch extensive self-monitoring measures to ensure that all hiring practices fully comply with the law. FedEx Ground also has agreed to engage an outside consultant to perform an extensive review of the company's hiring practices and provide recommendations to change and improve those practices, to train incumbent and future supervisors and employees, and to monitor compliance with the equal employment opportunity laws enforced by OFCCP. Finally, the company will take necessary steps to comply with all record-keeping requirements.
FedEx Ground is based in Coraopolis, Pa. The 22 FedEx Ground facilities where OFCCP found violations are located in Sun Valley and Sacramento, Calif.; Tampa, Fla.; Ellenwood, Ga.; Carol Stream and Chicago, Ill.; Indianapolis and Jeffersonville, Ind.; Lenexa, Kan.; Livonia, Mich.; St. Paul, Minn.; South Hackensack, N.J.; Albany and Brooklyn, N.Y.; Greenville, N.C.; Addyston and Grove City, Ohio; Lewisberry, Pa.; Fort Worth, Houston and South Houston, Texas; and North Salt Lake City, Utah. OFCCP also conducted compliance evaluations at two FedEx Ground facilities in Phoenix, Ariz., and San Antonio, Texas, but found no violations.
FedEx SmartPost is based in New Berlin, Wis. The FedEx SmartPost facility where OFCCP found violations is located in Charlotte, N.C.
In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. As amended, these three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran. For general information, call OFCCP's toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp/.
FedEx Q3 Profit Rises; Updates 2012 EPS View
3/22/2012 7:50 AM ET
(RTTNews) - FedEx Corp. (FDX: News ) posted third-quarter net income of $521 million or $1.65 per share, up from $231 million or $0.73 per share a year ago.
Earnings for the recent quarter includes a $0.10 per share reversal of a reserve associated with a legal matter at FedEx Express. Last year's third quarter earnings included $0.08 per share in costs related to the combination of the company's FedEx Freight and FedEx National LTL operations.
Adjusted earnings per share were $1.55 versus $0.81 in the same quarter last year. On average, 23 analysts polled by Thomson Reuters expected the company to report earnings of $1.35 per share. Analysts' estimates typically exclude special items.
Revenue reached $10.56 billion, up 9% from $9.66 billion in the previous year Analysts estimated revenues of $10.62 billion.
"FedEx Corp. results were driven by improving yields, record holiday package shipping and exceptional performance at FedEx Ground," said Frederick Smith, FedEx Corp. chairman, president and chief executive officer. "We expect our solid performance to continue in our fourth quarter, capping off a strong fiscal year."
Looking ahead, FedEx projects earnings to be $1.75 to $2.00 per share in the fourth quarter. Analysts expect the company to earn $1.98 per share for the quarter
(RTTNews) - FedEx Corp. (FDX: News ) posted third-quarter net income of $521 million or $1.65 per share, up from $231 million or $0.73 per share a year ago.
Earnings for the recent quarter includes a $0.10 per share reversal of a reserve associated with a legal matter at FedEx Express. Last year's third quarter earnings included $0.08 per share in costs related to the combination of the company's FedEx Freight and FedEx National LTL operations.
Adjusted earnings per share were $1.55 versus $0.81 in the same quarter last year. On average, 23 analysts polled by Thomson Reuters expected the company to report earnings of $1.35 per share. Analysts' estimates typically exclude special items.
Revenue reached $10.56 billion, up 9% from $9.66 billion in the previous year Analysts estimated revenues of $10.62 billion.
"FedEx Corp. results were driven by improving yields, record holiday package shipping and exceptional performance at FedEx Ground," said Frederick Smith, FedEx Corp. chairman, president and chief executive officer. "We expect our solid performance to continue in our fourth quarter, capping off a strong fiscal year."
Looking ahead, FedEx projects earnings to be $1.75 to $2.00 per share in the fourth quarter. Analysts expect the company to earn $1.98 per share for the quarter
Tuesday, March 20, 2012
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