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XPO Xpo Union Thread.

Discussion in 'XPO Logistics' started by upnorth, Oct 12, 2016.

  1. Hollywoodz

    Hollywoodz Well-Known Member

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    As far as I can tell, there is no one in upper management who is willing to demand accountability when it comes to freight damages. I have spoken with and exchanged emails with several upper management personnel indicating my frustration with damaged shipments. There is a process in place to control the frequency of damages, but no one takes the responsibility to implement it.

    For one, I am tired of apologizing to customers for damaged freight on my trailer. I use all the standard excuses and inform my customers that it is an issue we are working on. At least I try to make it sound sincere. My opinion is that this should be the very first step, whether we are building a future or jacking up the stock price for a quick sale.
     
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  2. toilet paper

    toilet paper Well-Known Member

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    Apparently you've never read a union contract
     
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  3. sucker666

    sucker666 Well-Known Member

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    Could not agree with you more.
     
  4. highspeeds

    highspeeds ENTERTAINMENT USE ONLY

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    This just in. Still no contract. You were saying ?
     
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  5. Fly-by-night

    Fly-by-night Only when you care to send the very best

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    What the hell does this have to due with being a BURNS SUCCESSOR??? Was trying to point out that the union shops are not as safe as they think
     
    Last edited: Jan 19, 2020
  6. Fly-by-night

    Fly-by-night Only when you care to send the very best

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    ???? Express-1 Expedited Solutions started in 1989, Brad left United Rentals in 2007, He then took over Express-1 Expedited Solutions in 2011 at which time he renamed it XPO.
    Yes that why I asked. Why leave the asset light companies like Amerex Oil Associates and Hamilton Resources and get into very high asset heavy companies like United Waste, United Rental, and then into XPO. Yes the Logistics part is asset light, but then buy a LTL company. Also have a pile of XPO intermodel and drayage containers.
     
  7. Hollywoodz

    Hollywoodz Well-Known Member

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    This article will help to explain successorship and the "perfectly clear" doctrine. In essence, if the buyer intends to retain the majority of employees and continues to conduct the business of the company as it has operated traditionally, he may set the terms of employment outside the terms of the union contract, HOWEVER, he must still recognize the union and enter into a CBA with the union.

    If it is "perfectly clear" that he intends to accept all of the employees and continue the nature of the business, then he must accept the union AND the terms of the contract.


    https://www.laborrelationslawinside...rfectly-clear-exception-in-successorship-law/
     
    icuicp likes this.
  8. Fly-by-night

    Fly-by-night Only when you care to send the very best

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    That is one opinion the buy has. Unlike what BJ did here when he bought Con-way.
     
  9. Fly-by-night

    Fly-by-night Only when you care to send the very best

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    This is from the NLRB. In short the buy does not have to hire anyone from the union barn and in can even close it down.
    You are a Burns successor if you hire the majority of your employees from the predecessor's workforce, and from their perspective day-to-day life at work remains largely unchanged. (You may, however, before hiring your workforce, set initial terms and conditions of employment without bargaining with the union, unless you are a "perfectly clear" Burns successor. See below.)
     
  10. Fly-by-night

    Fly-by-night Only when you care to send the very best

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    But the buy can still shut down terminals he doesn't want or need. He can also make everyone including union member reapply for there jobs. That was one thing that was not done when XPO bought Con-way
     
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  11. Hollywoodz

    Hollywoodz Well-Known Member

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    This is a very complicated issue open to various degrees of interpretation. The one thing I do know is that we have a "Successorship" article in our "pending contract" that mandates any transfer of ownership REQUIRES the new owner to accept the union AND the terms of the contract. So, any contract with a "Successorship" article makes "Burns" and any other NLRB definitions of "perfectly clear" irrelevant. When you have a "Successorship" article in your contract, the buyer MUST accept both the union and the terms of the contract.

    In a non union shop, the company can do whatever it wants. We all remember that XPO shuttered 7 terminals after the acquisition. In a union shop, a "perfectly clear" buyer must accept the terms of the existing contract. I will agree with you that the latest NLRB decisions have narrowed the definition of "perfectly clear" and made it easier for buyers to set their own terms and conditions prior to bargaining with the union. However, (see below), even though they have the right to set their own terms and conditions, they are still required to recognize the union.

    "In Ridgewood, the new employer acquired a nursing home with a unionized workplace. The Board held that Ridgewood discriminated against existing union employees by not hiring them for the sole purpose of avoiding its bargaining obligations with the existing union. Because Ridgewood would have retained a majority of union employees had they not discriminated against four employees, Ridgewood was a successor company. However, the Board also concluded that unless a successor company discriminates against "all or substantially all" union employees, the company retains the right to set initial terms and conditions prior to bargaining with the recognized union. As a result, even though Ridgewood discriminated against some employees, Ridgewood had no duty to bargain with the existing union before it unilaterally implemented terms and conditions."
     
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  12. sucker666

    sucker666 Well-Known Member

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    A buyer still can not come in and close barns just because they have union negotiations.
    The reason Xpo could not do it was the same. I know this doesn’t sit well with you but it is what it is .
    “ IF” there is a buyout no one will shut operations down to make people reapply. Again this is not a company that’s in financial strain and is going out of business.
    We heard the same fear mongers for years tell people if you vote a union in they will shut that location down.
     
  13. Fly-by-night

    Fly-by-night Only when you care to send the very best

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    Yes you are correct. In your example of the Ridgewood case they kept the place open and ran it the same way. I saying if someone bought XPO and had a terminal in the same area as say yours could by right they came lay every off at you place and have no need or requirement to hire any of you at there current location. To walk around saying that we are union and untouchable is not 100% correct.
     
  14. sucker666

    sucker666 Well-Known Member

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    No even ever implied that anyone 100% safe union or non union. If a competitor where to buy us that already had an existing terminal s in an overlapped area they would definitely have just cause for closing any terminal.
    Now if an investor let say came into the picture and had no ltl operation in the area that would be another story.
     
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  15. Hollywoodz

    Hollywoodz Well-Known Member

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    Agreed there is no 100% protection. With the successorship article that we have in our pending contract, it mandates that the buyer accept the union contract and that they must recognize the union as the representative for the bargaining unit. If, as you state, the buyer has a terminal in the immediate area, I have to admit, I don't know how that would work...BUT, I will find out and post when I know.
     
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  16. Trucker 206

    Trucker 206 Well-Known Member

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    Is there a ‘dovetail’ clause in the pending contract? If so, then the new ‘combined’ terminal would have to recognize seniority. But, if you have a Union terminal combining with a non, that probably wouldn’t do any good. Which is why it’s imperative that ALL terminals organize within the operation.
     
  17. smokin'joe

    smokin'joe Just Smokin' the Blues...

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    Which the containers are more than likely leased and not owned, pulled by independent contractors who have sued for misclassification.
     
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  18. icuicp

    icuicp Well-Known Member

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    XFK and XCN had to have Director of Operations ( regional manager ) roll through due to unionization efforts. This is the St. Louis region. XFK is Florence Kentucky and Cincinnati Ohio.

    In recent times Cincinnati has had organizing efforts with rallies outside of terminal. Florence has been a dumpster fire for awhile.
     
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  19. highspeeds

    highspeeds ENTERTAINMENT USE ONLY

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    $5 billion in debt. And he sold all the terminals off. Ours on Jan 2nd. Jacobs goes to the share holders with great numbers and cooked books. But HE KNOWS THE TRUTH. Just saying.
     
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  20. highspeeds

    highspeeds ENTERTAINMENT USE ONLY

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    And now you are twisting and turning and trying to give scenarios where you could be right. And this is the first step to accepting that everyone else you are arguing with is saying a lot of things right.
     

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