For the Record: Debunking Myths About the Gardena Strike

Joe Nuno

Well-Known Member
Joe' the efforts are well meaning but yes it will take more than a handful of guys at one barn. It will take a large number of people at a highly concentrated group of terminals as well as that group's willingness to set aside their own self interests in a united effort to effect real positive change. Sadly, in today's world those people are too few in number.
I know what you mean, but freight runs different, freight can organize barn by barn, FedEx frt is under National Labor Relations act.
I know it's harder for the package division because you guys are under the National Railroad Labor, you'll need to organize nation wide, at least 51% nation just to win an election.
You can thank Freddy boy Smith, he wasn't dumb, he just made it harder.
But I know someday the package division will be tired of the BS and organize nation wide, hopefully you guys create a solidarity group nation wide.
 

bacha29

Well-Known Member
Joe, correct me if I'm wrong. Now I too know that Xpress is under the Railway Workers Act and yes it does take a nationwide vote. Now given those right to work states down south and the bible belt in the Midwest, getting a majority vote would be hard , maybe 41 or 42%. But it is my understanding that Ground is under Taft Hartley,can go union on a local by local basis and that's why they are so called "Independent contractors', but I believe their employees can vote.
 

bbsam

Moderator
Staff member
Joe, correct me if I'm wrong. Now I too know that Xpress is under the Railway Workers Act and yes it does take a nationwide vote. Now given those right to work states down south and the bible belt in the Midwest, getting a majority vote would be hard , maybe 41 or 42%. But it is my understanding that Ground is under Taft Hartley,can go union on a local by local basis and that's why they are so called "Independent contractors', but I believe their employees can vote.
What good would that do?
 

dvalleyjim

Well-Known Member
Seriously. A one day strike? In one building? Why? What did the drivers do but paint a target on their backs. Now the company has each individual over a barrel going forward for progressive discipline for any minor infraction and they can take their time "dealing with the trouble makers".

We had drivers threaten to go on strike back in the RPS day and they came in and bought us steak dinners with an open bar. HaHa
 

Joe Nuno

Well-Known Member
Joe, correct me if I'm wrong. Now I too know that Xpress is under the Railway Workers Act and yes it does take a nationwide vote. Now given those right to work states down south and the bible belt in the Midwest, getting a majority vote would be hard , maybe 41 or 42%. But it is my understanding that Ground is under Taft Hartley,can go union on a local by local basis and that's why they are so called "Independent contractors', but I believe their employees can vote.
The hourly should be able to vote but not the drivers, the dock workers clerical mechanics should be able to vote.
Now drivers would be a little harder, on the reason the Smith argues that they're not employees, that they are under the independent contractors.
I think is BS, they should be able to vote if they wear the trade mark uniforms of FedEx and technically the are employees.
And final question, yes they can organize barn by barn because RPS was built by a freight company, Roadway Service Incorporation.
RSI is under NLRA
 

bacha29

Well-Known Member
Joe, the courts first have to rule that all FXG contractors nationwide are and have always been misclassified as contractors but are in reality employees they will remain contractors not just'' technically employees''. Now a while back I saw an article about the right of unions to organize independent contractors. It was just a concept at the time. Perhaps you may know something about this.
 

Joe Nuno

Well-Known Member
Joe, the courts first have to rule that all FXG contractors nationwide are and have always been misclassified as contractors but are in reality employees they will remain contractors not just'' technically employees''. Now a while back I saw an article about the right of unions to organize independent contractors. It was just a concept at the time. Perhaps you may know something about this.
Joe, the courts first have to rule that all FXG contractors nationwide are and have always been misclassified as contractors but are in reality employees they will remain contractors not just'' technically employees''. Now a while back I saw an article about the right of unions to organize independent contractors. It was just a concept at the time. Perhaps you may know something about this.
your answer is here
http://independentcontractorcomplia...can-protect-from-misclassification-liability/

And here too
http://www.changefedextowin.org/2015/10/the-chairman-president-and-ceo-of-fedex.html?m=1
 

bacha29

Well-Known Member
Joe I read the two posts you mentioned a long time ago. As for the joint employer ruling, it will be tied up in appeals for a decade or more because the NLRB ruling involves just one little Northeastern state. This entire matter is only in it's earliest stages of litigation and has a long wat to go. As for Fred S his comments were a testament to his arrogance and are consistant with the views of his CATO Instsitute buddies. In Smith's opinion the definition of an independent contractor is whatever he says it is.
 
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