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Where's The RLA Rage? Backroom Deal?
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<blockquote data-quote="Ricochet1a" data-source="post: 728765" data-attributes="member: 22880"><p>The reason there is no "public" outrage from FedEx, is that this isn't something that can be fought with public opinion. The FAA reauthorizaton bill is handled <em>legislatively</em>, not through a legal realm. Legislation can and is influenced by public opinion, thus the bailout website and the stream of apologists which appear here. </p><p> </p><p>The change in the procedure for certifying a union election is procedural. It is being listed in the Federal Register as a change in executive process. The decision has been in the works for awhile now, they decided to implement a procedural change in process to balance things up with NLRA procedures. Fred can hold his breath in public view all he wants, it isn't going to change an executive branch procedure. This is why any public reaction from FedEx will be muted. </p><p> </p><p>The impact of this is TREMENDOUS. It takes away the crown jewel of the RLA labor classification - the requirement of 50%+1 yes votes based on TOTAL EMPLOYEES PRESENT. It will change to being 50%+1 yes votes of total ballots cast. The remainder of the RLA distinctions remain in place: requirement to organize nationally as opposed to individual shop location, cooling off periods in disputes and contract negotiations and the ability of the federal government to intervene in protracted disputes. The reason Fred values RLA so much is the 50%+1 yes vote requirement of all employees in craft in a national vote. That makes it impossible to organize - as Delta Airlines has so aptly demonstrated. </p><p> </p><p>For those that think this is "undemocratic", just look at the requirements to elect a person to public office. We elect representatives to government based off the principle of a majority of vote CAST, NOT a majority of voters ELIGIBLE to vote. We have national elections with less than 50% voter turn out, with the winner receiving - more often than not - barely more than 50% OF THAT 50% that turned out. This means we have elected officials that have received "yes votes" from only 25 to 30% of all eligible voters. Do we think this is undemocratic? Hell no, those that choose not to vote made their decision not to participate. If elections required 50%+1 of eligible voters, NO ONE would ever get elected and we'd have chaos. </p><p> </p><p>By making this one change, FedEx has practically lost the battle to keep employees from organizing. Look for an increase in propaganda released DIRECTLY TO EMPLOYEES - mainly through an increase in videos we must watch and dog and pony shows given by senior managers and managing directors. I'm predicting that when FedEx and Delta are unsuccessful in reversing this change implemented in RLA procedures, that there will be some miraculous form of pay increases. Fred will dig deep and find some cash to throw at the Couriers, CSAs, RTDs and Mechanics. </p><p> </p><p>The changes take place in 30 days time and FedEx and Delta (with others) will no doubtly attempt to litigate this in court. In the meantime the Teamsters will have to step up and start organizing activities. </p><p> </p><p>Pending no reversal of this procedure in the Federal Register, I'm recommending that all Express employees that are interested in unionizing to sign union cards at this stage. I've recommended against it in the past due to the futile nature of signing union cards under the old definitions, but now the rules look like they are about to change. Many Express employees are apathetic and won't bother to participate to vote. Their non-participation will no longer count as a "no vote" in Fred's favor. There is definately enough desire to certify a union among Express employees - even on a national level election - to achieve a 50%+1 yes vote of ballots actually cast.</p></blockquote><p></p>
[QUOTE="Ricochet1a, post: 728765, member: 22880"] The reason there is no "public" outrage from FedEx, is that this isn't something that can be fought with public opinion. The FAA reauthorizaton bill is handled [I]legislatively[/I], not through a legal realm. Legislation can and is influenced by public opinion, thus the bailout website and the stream of apologists which appear here. The change in the procedure for certifying a union election is procedural. It is being listed in the Federal Register as a change in executive process. The decision has been in the works for awhile now, they decided to implement a procedural change in process to balance things up with NLRA procedures. Fred can hold his breath in public view all he wants, it isn't going to change an executive branch procedure. This is why any public reaction from FedEx will be muted. The impact of this is TREMENDOUS. It takes away the crown jewel of the RLA labor classification - the requirement of 50%+1 yes votes based on TOTAL EMPLOYEES PRESENT. It will change to being 50%+1 yes votes of total ballots cast. The remainder of the RLA distinctions remain in place: requirement to organize nationally as opposed to individual shop location, cooling off periods in disputes and contract negotiations and the ability of the federal government to intervene in protracted disputes. The reason Fred values RLA so much is the 50%+1 yes vote requirement of all employees in craft in a national vote. That makes it impossible to organize - as Delta Airlines has so aptly demonstrated. For those that think this is "undemocratic", just look at the requirements to elect a person to public office. We elect representatives to government based off the principle of a majority of vote CAST, NOT a majority of voters ELIGIBLE to vote. We have national elections with less than 50% voter turn out, with the winner receiving - more often than not - barely more than 50% OF THAT 50% that turned out. This means we have elected officials that have received "yes votes" from only 25 to 30% of all eligible voters. Do we think this is undemocratic? Hell no, those that choose not to vote made their decision not to participate. If elections required 50%+1 of eligible voters, NO ONE would ever get elected and we'd have chaos. By making this one change, FedEx has practically lost the battle to keep employees from organizing. Look for an increase in propaganda released DIRECTLY TO EMPLOYEES - mainly through an increase in videos we must watch and dog and pony shows given by senior managers and managing directors. I'm predicting that when FedEx and Delta are unsuccessful in reversing this change implemented in RLA procedures, that there will be some miraculous form of pay increases. Fred will dig deep and find some cash to throw at the Couriers, CSAs, RTDs and Mechanics. The changes take place in 30 days time and FedEx and Delta (with others) will no doubtly attempt to litigate this in court. In the meantime the Teamsters will have to step up and start organizing activities. Pending no reversal of this procedure in the Federal Register, I'm recommending that all Express employees that are interested in unionizing to sign union cards at this stage. I've recommended against it in the past due to the futile nature of signing union cards under the old definitions, but now the rules look like they are about to change. Many Express employees are apathetic and won't bother to participate to vote. Their non-participation will no longer count as a "no vote" in Fred's favor. There is definately enough desire to certify a union among Express employees - even on a national level election - to achieve a 50%+1 yes vote of ballots actually cast. [/QUOTE]
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