Well, you wanted to see what a grassroots drive would 'look like', so I typed up this HIGHLY hypothetical narrative of how things would unfold. The emphasis is on TIMING. The Express Couriers don't have a lot of time, so the rapidity of movement illustrated in this hypothetical narrative is what is needed.
Month 1:
An informal network (“Grassroots Underground”) is established among various posters to the Brown Café forum. This network has Express Couriers working to distribute representation cards in their stations, among their coworkers. In addition, these Couriers work to establish a network of likeminded Couriers in stations in adjoining areas to their own station. The network is facilitated by a private forum which has leaders who keep track of which stations have organizers working in them, along with which stations do not. Numbers of representation cards that have been distributed are kept track of by the network leaders (and publicly disclosed), but the numbers distributed in SPECIFIC stations are kept strictly secret (not even communicated to other station level organizers), to prevent the FedEx union avoidance team from having information as to where to focus their activities.
At this point, FedEx Express is unaware of anything happening out of the norm.
Month 2:
Station managers begin to report to their Seniors and then District Managers that union representation cards are showing up in stations, with no real ability to positively identify those who are distributing them. About half of Couriers are reported as being sympathetic to signing and sending them in – some even signing the cards in the presence of management. Word gets sent to Memphis, directives to monitor and discourage signing of representation cards is given back – all to be done in accordance with previously held union avoidance training given to managers.
Lobbyist in the pay of FedEx report back that their contacts in D.C. deny that the IBT is taking any action with regards to organizing Express. This is purely a grassroots attempt to organize. Less than 20% of stations have reported any union activity at this point, so Express executive management is thinking this is nothing to get unduly alarmed about.
Month 3:
Increasing reports of union activity are pouring into Memphis. At this point, fully one-half of Express stations have reports of union representation cards showing up. No reports of confrontation between wage employees and management have come in, but at this point, Express is worried that they have a problem on their hands. Express PR has reported that the “Underground” is claiming to have distributed cards to 10,000 Couriers at this time – still no reports on how many of those cards have actually been signed and returned to the IBT.
A privately funded, public information website geared towards encouraging Express Couriers to sign and send in IBT representation cards shows up. This site ISN’T funded or sponsored by the IBT – nor does it use any form of advertising. Information about this site is rapidly disseminated among Express Couriers who read the content and are convinced that there is no other way to reverse the trend in their career ‘progression’, other than to organize.
Express begins to hold ‘captive meetings’, where Couriers are held 20-30 minutes a day for meetings which present the Express view of unions and how that would “destroy the working relationship between its employees and management”. Station management report back that the overwhelming majority of Couriers are silent during the meetings and won’t engage management in the pre-scripted presentation which is designed to convince Couriers that Express is truly looking out for their best interest.
Outright misinformation is begun to be presented regarding the IBT, its history and operating patterns, attempting to present the IBT as being an even worse option for the Couriers.
Lobbyists begin reporting that something is indeed happening; the IBT is getting large numbers of representation cards sent in by Express Couriers (reported though the D.C. ‘grapevine’ of lobbyists). No numbers reported as to how many of these cards exist at this point (this is a closely guarded secret by the IBT). Express fully mobilizes its “Union Avoidance Team” and has it go out to stations that have had the greatest incidents of reported ‘pro-union’ activity to begin their work.
Month 4:
The organizing activity taking place within Express is now making national level news. Reports from Express station management have fully two-thirds of stations with some level of detected union activity. Most concerning to Express management, virtually ALL of the large, major metropolitan stations has indication of union activity. The percentage of Couriers who have been ‘exposed’ to union representation cards is estimated at being 80% at this stage by Memphis management. Express knows it has a full blown crisis at this state.
Lobbyists report that the IBT is now beginning to take an active role in the organization effort. Professional IBT organizers are working with and in some cases taking over from the amateur efforts done by the ‘Grassroots’ movement. IBT Literature is beginning to show up in stations and stations that were previously hit by card distributing activity are experiencing another round of cards showing up along with professionally produced literature to go with them. No information is obtained by FedEx lobbyists in regards to the IBT’s plans to petition for a certification election at any time in the future.
Express decides to take a two pronged approach to union avoidance at this stage. Publicly, Express denies there is any real organization drive occurring. The IBT hasn’t made a public statement, so there ‘can’t be’ any drive occurring. Large volume customers are getting worried that their shipments might get caught up in an ‘Express labor conflict’, so they want assurances that no disruptions will take place. FedEx sales begins to hold confidential meetings with these large volume shippers that ‘no disruption will take place’ and will offer addendums to the existing contracts guaranteeing service should any labor dispute escalate.
Internally, Express is in full crisis mode. The union avoidance team has been given ‘carte blanche’ to take whatever measures they deem necessary to stamp out the organizing activity. Couriers suspected of being in leadership positions within the drive are subjected to intense scrutiny on the job, disciplined for the slightest infraction and particularly charismatic organizers are to be offered ‘buyouts’ to leave Express and halt any organizing activity. Any Courier which makes an open statement in favor of organizing is to be disciplined with whatever means available – even if that means the outright fabrication of an incident in order to induce silence of that employee and to send a message to the rest.
Month 5:
The Underground Network is reporting that it has distributed representation cards to fully 22,000 Couriers. Many more Couriers have viewed the privately funded informational website and have sent in signed cards without disclosing the fact to anyone. The Network is working to get yet another round of literature distributed in stations in which there has been at least one round of distribution.
Express management comes out and announces that there will be a 6% across the board pay raise to wage employees in October 2013. There is no ‘linkage’ between this pay raise announcement and requirements for Couriers to halt organizing efforts (clearly illegal). Some Couriers think they have ‘won the fight’ and wane in their support of a union. Others recognize this move by Express is one of desperation and vow to push on to get the IBT to petition for an election as soon as they have the required number of cards in.
Express begins making confidential plans to ward off a potential strike. Operational plans on the hiring of temporary replacement Couriers, the luring of Ground drivers (who are already familiar with FedEx operating methods) and methods of getting potential strikers to cross a picket line are drawn up. Engineering is given directives to go ‘all out’ to get DRA operational in the major metropolitan areas, to enable replacement Couriers to get volume off while maintaining service. Engineering reports back that they will need till the end of 2014 to get an absolute majority of routes operating under DRA with some level of efficiency and reliability.
District Managers are given briefings on how operations will be conducted in the event of a strike and begin to coordinate with station management in methods to ensure service can be maintained in the event of a strike. Feedback from District Managers isn’t favorable: most areas of the northeast, west coast and upper Midwest report that maintaining any level of operation in the face of a strike will be impossible. Plans are drawn up to maintain service with large volume shippers while ‘handing off’ small volume shippers to Ground. The plans to shift delivery of ‘deferred volume’ over to Ground are brushed up, and the upper management in Ground is notified to be prepared to accept this volume directly from Express ramps and be able to get it off by Express commitment times. Ground contractors are given ‘vague’ notification about potential spikes in volume and told to be prepared for, “an exceptionally heavy Christmas season”.
Express begins to publically advertise for temporary Courier positions. This is done to both cover themselves in the event of successful organization and eventual strike, AND to dissuade existing Couriers from even voting to strike should they organize.
Month 6:
The IBT makes a public announcement that it is indeed working at organizing Express. No word is given as to the number of signed representation cards sent in, but the IBT does admit to ‘considerable numbers’ have been returned.
The Underground Network is still working to get representation cards distributed in the smaller stations that are distant from major metropolitan areas. The IBT is focusing on getting handbills distributed in areas that are traditionally ‘union friendly’ and in areas which the Network has indicated there have been no station level organizers present.
Express has gone into full crisis management mode with the announcement by the IBT that it is attempting to organize Express. Large and small customers are inundating sales with calls over concerns that their shipments would get ‘hung up’ in any potential labor strife. FedEx Sales makes further assurances that the RLA prevents labor strife from interfering in operations and that court action would be sought to prevent any sort of ‘illegal labor action’.
UPS has grabbed the opportunity to start taking shippers away from Express, offering them no discount on their pricing, BUT offering to ensure smooth flow of their volume should Express strike. FedEx rapidly learns of this move and the crisis intensifies in Memphis. FedEx stock begins to drop in value and market analysts predict some form of ‘labor action’ in Express before the end of the year. With the Christmas season rapidly approaching, fears of a strike at Express have FedEx management hitting the airwaves attempting to calm the speculation and assure both investors and customers that there will be no disruption.
Month 7:
The IBT has still to petition for a certification vote, but it is making ‘strongly worded statements’ to the press that it already has enough signed representation cards to successfully petition for a vote should it do so.
The Network has completely handed off activity to professional IBT organizers. Only about 10% of stations at this point have not had any union activity occur within them – and these stations are the smaller, rural stations (Feeder Stations) which have proportionally fewer Couriers in them.
FedEx management has decided that it is a foregone conclusion that the IBT will be successful in organizing. The 6% pay raise announced 2 months ago isn’t having the desired effect on organizing activity. Stock price has dropped to $90 a share and is predicted to go to $60 a share should the IBT successfully organize Express Couriers. Reports are coming in that the ‘RTs’ are seeing union activity in them, with reports that drivers are distributing representation cards amongst themselves.
Month 8:
The IBT announces that is has enough signed union representation cards from Express Couriers to successfully petition the NLRB for a certification election and win that election. It publically encourages Express Couriers that have not signed and returned union representation cards, to do so. However, it does not actually petition for a vote at this point.
Express comes out to its employees at this stage and clearly threatens their jobs should organization take place. Since there is no established legal protection at this stage, Express figures it can get away with just about anything since it has nothing to lose at this stage.
Given the ‘double edged’ nature of the RLA – Express cannot stage a lockout; it has an obligation under the RLA to maintain flow of commerce. The training of replacement Couriers is well underway, but many of the applicants cannot pass the background, credit, criminal history, or drug screening checks. The cost to get a single replacement Courier has risen to $5,000 (total cost of program divided by number of successfully trained replacement Couriers). These replacement Couriers are trained SOLELY on DRA methods, they are not trained on ‘traditional’ sort or routing methods.
In recognition that DRA cannot currently (late 2013) handle the multiple time commits of both Priority and Standard Overnight service, an operational plan of suspending Priority Overnight service is made. Deferred volume will be shifted over to Ground in the event of a strike, and overnight service will be strictly limited to Standard Overnight. First Overnight service will be maintained for shippers who absolutely must have shipments early in the day. Engineering is given directives to do whatever it takes to enable ‘straight line’ routing of what will be just Standard Overnight volume using DRA software.
Month 9:
The IBT petitions the NLRB for a certification election of Express Couriers. The IBT claims that it has 17,500 signed representation cards from Express Couriers. FedEx goes all out to fight the approval of the election, claiming many of the cards are forged, signed under false pretenses or illegible. Christmas is weeks away, and Express cannot have customers shift their volume to UPS right now. Express stock falls to $55 a share and market analysts predict that Express will be forced to recognize an IBT union within a couple of months.
After a contentious hearing, the NLRB proceeds with the process of verification of the signed representation cards. Express fights at every step of the way, making claim after claim that the cards don’t meet legal muster. After a month long process, the NLRB approves the petition for a certification election.
