U.S. Court of Appeals Affirms NLRB decision against Union Pacific's Overnite Trucking Co.
In its historic opinion, the Fourth Circuit affirms the NLRB's decision that Union Pacific's subsidiary must recognize and immediately negotiate with the Teamsters as the exclusive collective bargaining agent at four Overnite Trucking service centers in Louisville, KY, Lawrenceville, GA, Bridgton, Missouri and Norfolk, VA. In approving the first four of eleven bargaining order cases, this opinion sets the precedent for the remaining seven bargaining order terminals at the UP subsidiary.
"[T]here is no question that Overnite was guilty of a litany of serious and pervasive misconduct and violations of the [National Labor Relations] Act," the Fourth Circuit ruled in its opinion.
Additionally, the Fourth Circuit opinion requires:
-- UP/Overnite to pay Teamster represented workers million of dollars for
wages unlawfully withheld by Overnite's management in 1995 and 1996:
* As a result of the Fourth Circuit opinion, UP/Overnite is required to
pay the remaining 20 percent of the money the company owes Teamster
represented workers for wages unlawfully withheld in 1997.
(UP/Overnite paid the 80 percent of the illegally withheld 1997 wages
in a settlement with the NLRB.);
* For its unlawful conduct, UP/Overnite Transportation will have to pay
an estimated $4 to 5 million to the affected workers.
The original trial against UP/Overnite began in February 1996 and concluded one year later in January 1997. The trial focused on a consolidation of hundreds of individual violations against UP/Overnite by workers from across the country. The exhaustive record evidence includes thousands of pages of testimony, hundreds of witnesses in a dozen different cities and states and hundreds of exhibits.
On April 17, 1998, fourteen months after the start of the trial, Administrative Law Judge Benjamin Schleshinger ruled against UP/Overnite and issued one of the most condemnatory and stinging decisions in recent Labor Board history.
UP/Overnite appealed to the full National Labor Relations Board. Nineteen months later, on November 10, 1999, the NLRB upheld and extended the ALJ decision.
As it has earlier decisions by the NLRB and the U.S. Circuit Court of Appeals, the Teamsters applaud the reaffirmation of this decision. It once again, is sadly confirming evidence of UP/Overnite Transportation's status as one of the worst anti-worker companies in America.
The case involved UP/Overnite's nationwide subversion of its workers' fundamental, federally protected rights. Evidence presented during the case showed that UP/Overnite's violations of federal law were pervasive and directed by the highest level of officials at UP/Overnite corporate headquarters in Richmond, Virginia.
UP/Overnite's record as one of the nation's worst labor scofflaws continues to grow despite the company's protestations of innocence. First, UP/Overnite was slammed when the workers filed complaints against it at regional offices of the National Labor Relations Board around the country; it was slammed again when the Board consolidated hundreds of charges into this one massive charge; UP/Overnite was slammed again when the Administrative Law Judge issued his decision and again when the full Labor Board upheld and expanded on the ALJ decision; and slammed yet again in this latest opinion by the 4th U.S. Circuit Court of Appeals.
"When the company stands condemned time after time before the bar of justice, it pathetically whines that it did nothing wrong," said John Murphy, a Teamster Vice President and Director of Organizing.
"Overnite now stands condemned on its appeal. This Court of Appeals' decision demonstrates how hollow Overnite's propaganda has been when it said the over 1,000 charges filed against it have been filed against by its workers in the last five years were without merit.
"Overnite shopped around for the most advantageous Appeals Court to file its appeal. They picked the Fourth Circuit, based in Richmond, Virginia, not far for Overnite's corporate headquarters and still they lost. Unfortunately, like the multitude of earlier decisions against the company, Overnite Transportation Company, the trucking subsidiary of Union Pacific Corporation, will appeal this decision to the full court."
"We're going to be watching Union Pacific very closely to determine whether or not it will allow its subsidiary to continue along this course of pervasive violation of its workers' rights or whether or not it will rein in Overnite's management and demand that they adhere to the rule of law," concluded Murphy.
An UP/Overnite worker from Memphis said. "It is just like Overnite. Overnite appeals and appeals and appeals like a criminal on death row."
The Teamsters represent approximately 3,500 UP/Overnite workers at 37 UP/Overnite terminals across the country. Overnite Transportation Company, the trucking subsidiary of Union Pacific Corporation, lamely maintains that the Teamsters represent only 22 terminals.
For a full copy of the OPINION go to:
http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=992494.P