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By Calvin Studivant
Alternate Vice President, Bus Department

In late August, a federal appeals court vacated the Federal Motor Carrier Safety Administration’s final rule requiring electronic onboard recorders.

The court said the rule does not sufficiently protect drivers from being harassed by employers to remain at the wheel when they are fatigued. The final rule was scheduled to go into effect in June 2012. A lower court, which had set aside a challenge, was told to revisit the case.

The 7th Circuit Court of Appeals said the FMCSA “needs to consider what types of harassment already exist, how frequently and to what extent harassment happens, and how an electronic device capable of contemporaneous transmission of information to a motor carrier will guard against (or fail to guard against) harassment.”

As a member of the FMCSA advisory committee, I previously voiced concern over this rule, and it is comforting that our concerns were recognized by the appeals court. I expect the lower court will instruct the FMCSA to revise the rule to include better driver protection.

Also of interest to our bus members, the National Labor Relations Board has instructed all carriers subject to the National Labor Relations Act to inform employees of their rights to organize and be represented by a labor union. This will certainly help in our efforts to organize the unorganized. See the separate article on this ruling elsewhere in this issue of the newspaper.

Turning to news of our bus locals, members of Local 1715, Charlotte, N.C., recognize the quality of UTU representation. In recent weeks, three members were returned to work following successful processing of their grievances.

Additionally, the UTU has prevailed in 14 grievances that put $1,000 in back pay into the wallets of each of these Local 1715 members.

We also have begun contract negotiations with the carrier on behalf of Local 1715 drivers. As part of this process, we are restoring respect lost while represented by another organization prior to the UTU representation election victory earlier this year. We are in the process of delivering improved working conditions on the Charlotte property by modifying tentative contracts agreed to by the other organization.

Local 1715 also has completed its local elections. Kevin Moss was elected general chairperson, Hasson Trent was elected vice general chairperson, and Bruce Wright was elected local president. We are very proud of these new officers and the members.

Also in negotiations is Local 172 in Darby, Pa., where Vice President Vic Baffoni is assisting at the bargaining table. 

WASHINGTON — Employers, including union and non-union bus companies, covered by the National Labor Relations Act must now post notices on bulletin boards informing employees they have a right under federal law to organize and be represented by a labor union.

The National Labor Relations Board (NLRB) issued that final ruling last week after concluding many workers are not aware of their rights under the National Labor Relations Act.

If employers communicate with employees regarding personnel issues via the Internet or an internal company Intranet, they must also post the notice on those sites, ruled the NLRB.

The New York Times reported that this is the first time, since passage of the National Labor Relations Act in 1935, that employers have been ordered to post notices about employee rights to organize.

“This rule ensures that workers’ rights are effectively communicated in the workplace,” said AFL-CIO President Rich Trumka. “It is necessary in the face of widespread misunderstanding about the law and many workers’ justified fear of exercising their rights under it.”

The ruling does not affect railroads or airlines as they are covered by the Railway Labor Act, which is administered by a separate federal agency, the National Mediation Board.

WASHINGTON – In a move organized labor has long pushed for, the National Labor Relations Board (NLRB) June 21 proposed new representation-vote rules that will speed-up the voting process and give more transparency to employer actions intended to discourage a “union, yes” vote.

NLRB rulings impact UTU Bus Department members. Rail and airline labor relations are administered by the National Mediation Board.

The NLRB ruling – intended to reduce time-consuming litigation prior to a rep vote, and ensure information about organizing drives is disseminated more quickly — is open for public comment for 75 days, after which the NLRB is expected to issue a final rule.

“The UTU has long been pushing for transparency and streamlining of the rep-vote process,” said UTU National Legislative Director James Stem. “This will restore some level of integrity to the rep-vote process, which has been subject to manipulation by employers.”

Under the proposed rule, employers no longer would be able to delay rep-votes through legal challenges over which employees are eligible to vote. Instead, such litigation would be allowed only after the rep-vote has taken place.

Additionally, the NLRB proposes to allow electronic filing of authorization cards and requests for a rep-vote; and a requirement that employers provide, in a timely manner to union organizers, a voter list of all employees, including phone numbers and email addresses.

The NLRB also proposes that employers disclose the identity of all consultants hired to provide “advice” to the employer on how to respond to organizing drives, or who write materials used by the employer to communicate with workers about the organizing drive. Currently, employers need only provide the identity of consultants who communicate directly with workers.