FedEx Legal and Union Cards

[MrFedEx]

I took Snackdad's advice and Googled "versus FedEx", and as he said, there are literally hundreds of cases readily available for perusal. I just picked a few at random and the main thing that is very obvious is that in each and every case FedEx simply overwhelms the legal system to the greatest extent possible.

One case in particular stood out, which was that of a motorcyclist suing FedEx for a courier basically running him over. In short, FedEx was obviously at fault. The attorney who runs the site has a picture showing 14 lawyers and assistants at the front of the courtroom. According to this same attorney, there are at least 6 other FedEx legal personnel that he couldn't fit in to the picture.

This is what you are up against when you sue FedEx, and these people are very good at killing cases. Think it was expensive to fly, feed, and house at least 20 people for 1 case in Texas that they will probably lose? Consider the amount of people they're willing to throw at a case they have a reasonable chance of winning.

The Teamsters say that they won't try to organize Express stations because not enough employees will sign cards. Every employee who has at least a room temperature IQ knows that they can be fired at any time for any reason under the "at-will" clause at FedEx. If you do get canned and try to go the legal route, how many attorneys are going to want to go up against the FedEx "Legal Machine", especially if they're a small firm? Not many.

Until the Teamsters can offer full legal support to FedEx employees, a lot of them are going to be afraid to sign cards because they absolutely, positively know that they will be targeted for termination. It's very easy for management to set-up amost anyone for termination because the bar is set so low with the "at-will" provision. I know of someone who was recently fired on the spot for not having the proper uniform on. This was a one-time incident, and the courier had no prior problems with being in uniform. From what I've heard, he simply forgot to dry his clothes, had nothing to wear, but decided to show-up for work because it was the "right thing to do". Gone.

Get a clue, Mr Hoffa and the Teamsters. You need to step it up with your legal team and be willing to go to bat for employees who get fired for exercising their completely legal right to organize their workplace. Once there is some legal protection, there will be many more willing to sign union cards on the spot.

 

[Cactus]

That's right.We need to have someone back us up.However, where have the Teamsters been? Have they even bothered to come within 100 feet of an Express station to hand out cards? It seems they have neglected to generate interest.

 

[upsguy80]

Why dont you guys grow some friggin balls and man up if you all do it together they cant fire all of you

 

[MrFedEx]

Why dont you guys grow some friggin balls and man up if you all do it together they cant fire all of you

Actually, they probably would. You don't "get" FedEx, which is pretty typical for someone outside the company. Think WalMart.

 

[WhatCrass]

That's right.We need to have someone back us up.However, where have the Teamsters been? Have they even bothered to come within 100 feet of an Express station to hand out cards? It seems they have neglected to generate interest.

Why don't you go down to the union hall, meet with a Business Agent, and then grab some cards?

Card checking in public is a great way to alert management that a union drive is going on.

 

[WhatCrass]

Why dont you guys grow some friggin balls and man up if you all do it together they cant fire all of you

I agree that workers need to grown a damn pair, but you are legally protected by the NLRB when you are engaging in union activity as long as it's:

A) Not on company time
B) In the parking lot or break room.

 

[WhatCrass]

Until the Teamsters can offer full legal support to FedEx employees, a lot of them are going to be afraid to sign cards because they absolutely, positively know that they will be targeted for termination. It's very easy for management to set-up amost anyone for termination because the bar is set so low with the "at-will" provision. I know of someone who was recently fired on the spot for not having the proper uniform on. This was a one-time incident, and the courier had no prior problems with being in uniform. From what I've heard, he simply forgot to dry his clothes, had nothing to wear, but decided to show-up for work because it was the "right thing to do". Gone.

The problem is that even during a union drive, the leaders of it MUST BE PERFECT WORKERS. You can't come in a minute late and you have to do everything by the book.

 

[Ricochet1a]

I agree that workers need to grown a damn pair, but you are legally protected by the NLRB when you are engaging in union activity as long as it's:

A) Not on company time
B) In the parking lot or break room.

Here in is the problem. The only time Couriers and RTD's aren't on company time is when they are on break - which occurs when they are in their route areas, separated by a fair distance from their next nearest route. Therefore, the "legal protections" don't cover the time when Express employees typically talk to each other - the AM and PM sorts. FedEx has a policy which pretty much prevents Couriers in adjacent routes from meeting at a common point to take their mid-day breaks - there are restrictions on putting miles on the trucks when in a break code. If management sees Couriers coordinating breaks and putting on extra miles, they are targeted for disciplinary action.

 

[Ricochet1a]

The problem is that even during a union drive, the leaders of it MUST BE PERFECT WORKERS. You can't come in a minute late and you have to do everything by the book.

You are absolutely correct. I have first hand experience of being targeted for disciplinary action due to my starting union advocacy. The problem - again - is that Express has Catch 22's setup all over the place making it impossible to be a "perfect worker" and getting the job done - along with having normal operating practice pitting the "word" of the employee against their manager if something does happen.

Some make the mistake in resorting to falsification - they're gone... Others may make a mistake of having supposedly missing scans, having a time card with a supposed missing time code, having a gas receipt mysteriously disappear after submitting it, having AB batches disappearing between turning them in and having them imaged. And yes, if you are thinking that Express management will use any means necessary to develop documentation on "union agitators", you are absolutely correct. A "perfect worker" in Express is a management suck-up which manages to get the job done without bending any critical policies in the process. If management wants an employee gone, that employee will be gone in a matter of months if not a single month.

 

[WhatCrass]

Here in is the problem. The only time Couriers and RTD's aren't on company time is when they are on break - which occurs when they are in their route areas, separated by a fair distance from their next nearest route. Therefore, the "legal protections" don't cover the time when Express employees typically talk to each other - the AM and PM sorts. FedEx has a policy which pretty much prevents Couriers in adjacent routes from meeting at a common point to take their mid-day breaks - there are restrictions on putting miles on the trucks when in a break code. If management sees Couriers coordinating breaks and putting on extra miles, they are targeted for disciplinary action.

Damn, you got it hard at Express. Is there anyway you can a few solid guys to meet up at a bar after work?

 

[Ricochet1a]

Damn, you got it hard at Express. Is there anyway you can a few solid guys to meet up at a bar after work?

I even tried that a couple of times. Without giving too much detail, I offered to buy the first couple of beers for anyone who would meet at a local establishment and listen to me and another give a quick 20 minute presentation we had prepared. Had a fair number show up - didn't do too much damage to my pocket book - and they had their free beer while listening to me and another. Once the free drinks ran out - so did everyone there. I think Styx had a song were the singer lamented that he they had plenty of friends as long as he was buying the drinks...

It did get the issue of unions up for discussion, but as I pointed out in another string, I was playing to a deaf crowd.

Trying to get Express Couriers to meet for ANYTHING outside of something at the Express location while on the clock is like trying to herd cats. Even when Express has one of their "free burger and a drink while on the clock" events (to show their never ending gratitude), people don't hang around - they grab a burger a drink, inhale each and leave immediately. When Express tries a Saturday event to show their gratitude (off the clock BBQ and free event), only those looking for a free meal for their kids and the last of the diehards show up. Attendance is rarely over one-third of station staff.

The thing people at UPS need to understand is that the union there is part of the unofficial culture. Of course UPS upper management would like to do away with the Teamsters, but the Teamsters have been there so long that it is part of the culture at UPS.

At Express, any talk of union is almost tantamount to corporate treason. About the closest analogy I can think of is the old East German Stassi. The way that system worked is that virtually everyone informed on everyone else, to prevent being put under the spotlight themselves. Express is about the same way when it comes to union talk. There are those that are sympathetic, but there are also those that will listen and nod their head, then as soon as possible run in to see their manager and give a full report on the "union agitators" in a hope of scoring brownie points themselves. They are pathetic people that do this, but the Express environment has created these people using fear.

For a long time, what most of my coworkers didn't realize, is that my immediate manager at the time would tell me - off company property - who ran in and did a tattletale act on me or whoever else that was attempting to quietly advocate unionization. This manager was very sympathetic to unionization, since they realized that if the Couriers were to unionize, that their own compensation package would by consequence be improved (if the Couriers got back the DBPP, within a short period of time frontline salaried personnel would too, or they would end up rebelling). FedEx does know that if a union does get in, not only the wage employees but also the salaried employees would have their compensation package improved.

One of the reason so many of what I'd called the "talented" lower management are leaving, is that they realize that Express won't unionize given the current conditions, and that they are losing as much or even more ground than the wage employees. The latest pool of ASPIRE (management training) candidates are a bunch of suck ups.

I heard this past afternoon that Express is going to push back start times even further now. Freight is sitting in the building waiting, but start times are getting pushed back further and further. Signs of change in motion...