Ricochet1a
Well-Known Member
I've posted entirely too much this weekend, I've been working at a computer the entire time and have written here during my "time outs" to clear my mind...
Regarding Employment at Will...
Most employees don't realize that Employment at Will enables either the employee OR the employer to terminate the employment relationship without notice or cause. Employers don't exercise their right to terminate without cause very often due to a few legal obstacles that are present - there are three.
First, what is known as the Public Policy Exception. This is simply an exception to the doctrine of Employment at Will in that an employer may not terminate employment if there is an explicit legal prohibition. Whistleblowers fall under this category. Express employees may think that the work conditions which Express pushes employees into doing - speeding would be the primary example - would protect them, but the burden of proof would be on the employee to demonstrate that Express required them to engage in speeding to meet work requirements. Being able to prove such a thing is impossible unless you can afford a law firm with forensic investigators (which you would pay for).
Second, is what is known as Implied Contract Exceptions. This is when an employer spells out in corporate literature that termination can occur for only certain actions, and a certain process for termination must be followed - which the employer then fails to follow in the termination of an employee. The terminated employee in this instance again has the burden of proof - hope you have deep pockets to pay an attorney. Express has no such thing as an implied contract, open your employee handbook to the first pages and you can read the legalese which states there is absolutely no implied contract regarding employment with Express - it is strictly at will for both parties, no implied contracts.
Finally there is what is known as a "covenant of good faith" exception. The doctrine of covenant of good faith merely requires some form of "just cause" for an employer to terminate an employee. However, only a few states have this legal doctrine, and just what exactly constitutes "just cause" is open to interpretation.
This means that any employee of Express working without a contract of employment, can have their employment terminated at any time, for any cause, OR FOR NO CAUSE - and there isn't a hell of a lot they can do about. For kids working in a fast food restaurant, no big deal. For someone making a career out of a job - guess what the cause of all the fear is among the employees....
So... guess what you can do to change this situation? Organize, bargain, get a contract which spells out reasons for which the employer may terminate employment - and the process which they must follow to actually terminate someone's employment. Read the UPS/IBT Master Agreement - see all the protections they have compared to Express employees.
The only way Express employees will gain protections like this is to sign those union representation cards, vote to certify a union and have the union negotiators start bargaining.
If you have the ability to get out of Express (like I did), get the heck out - there is no logical reason to stay.
If for whatever reason you are going to stay with Express, then make a decision to sign a card, get a friend to sign a card, then get another friend to sign a card. When enough people sign cards, the IBT will be waiting to call for a certification election. Till then, if you haven't signed a card, all the bitchin' and moanin' in the world isn't going to do you a bit of good and it might just get your employment terminated if you are a bit too loud for Express. Sign a card, smile a lot in front of your station management, and organize off site. If you can't leave and choose not to organize, then your only option is to accept what Fred is dishing out and take it.
Put succinctly, either leave, organize or bend over - make your choice.
Regarding Employment at Will...
Most employees don't realize that Employment at Will enables either the employee OR the employer to terminate the employment relationship without notice or cause. Employers don't exercise their right to terminate without cause very often due to a few legal obstacles that are present - there are three.
First, what is known as the Public Policy Exception. This is simply an exception to the doctrine of Employment at Will in that an employer may not terminate employment if there is an explicit legal prohibition. Whistleblowers fall under this category. Express employees may think that the work conditions which Express pushes employees into doing - speeding would be the primary example - would protect them, but the burden of proof would be on the employee to demonstrate that Express required them to engage in speeding to meet work requirements. Being able to prove such a thing is impossible unless you can afford a law firm with forensic investigators (which you would pay for).
Second, is what is known as Implied Contract Exceptions. This is when an employer spells out in corporate literature that termination can occur for only certain actions, and a certain process for termination must be followed - which the employer then fails to follow in the termination of an employee. The terminated employee in this instance again has the burden of proof - hope you have deep pockets to pay an attorney. Express has no such thing as an implied contract, open your employee handbook to the first pages and you can read the legalese which states there is absolutely no implied contract regarding employment with Express - it is strictly at will for both parties, no implied contracts.
Finally there is what is known as a "covenant of good faith" exception. The doctrine of covenant of good faith merely requires some form of "just cause" for an employer to terminate an employee. However, only a few states have this legal doctrine, and just what exactly constitutes "just cause" is open to interpretation.
This means that any employee of Express working without a contract of employment, can have their employment terminated at any time, for any cause, OR FOR NO CAUSE - and there isn't a hell of a lot they can do about. For kids working in a fast food restaurant, no big deal. For someone making a career out of a job - guess what the cause of all the fear is among the employees....
So... guess what you can do to change this situation? Organize, bargain, get a contract which spells out reasons for which the employer may terminate employment - and the process which they must follow to actually terminate someone's employment. Read the UPS/IBT Master Agreement - see all the protections they have compared to Express employees.
The only way Express employees will gain protections like this is to sign those union representation cards, vote to certify a union and have the union negotiators start bargaining.
If you have the ability to get out of Express (like I did), get the heck out - there is no logical reason to stay.
If for whatever reason you are going to stay with Express, then make a decision to sign a card, get a friend to sign a card, then get another friend to sign a card. When enough people sign cards, the IBT will be waiting to call for a certification election. Till then, if you haven't signed a card, all the bitchin' and moanin' in the world isn't going to do you a bit of good and it might just get your employment terminated if you are a bit too loud for Express. Sign a card, smile a lot in front of your station management, and organize off site. If you can't leave and choose not to organize, then your only option is to accept what Fred is dishing out and take it.
Put succinctly, either leave, organize or bend over - make your choice.
