What You Should Know

Where we are at today:

We will provide factual updates to where we are in this process as we move through it together. Please check here often for important updates.

September 24, 2024

On Wednesday, August 28, 2024, a group of 8 drivers presented a letter from the Teamsters demanding that ADUSA Transportation recognize Teamsters Local 391 as the “Official Representative” of all Full Time DC04 CDL Drivers. To ensure that each of you has a say in what happens here, the Company filed a petition for election (also known as an RM petition) with the National Labor Relations Board (NLRB) on Monday, September 9, 2024. The Company HAD to file the petition to ensure there was a VOTE. If we had not filed the petition, the NLRB would have ordered the Company to recognize the Teamsters WITHOUT A VOTE.

Because the Union wanted to limit voting to just Full Time CDL Drivers, a hearing was scheduled for Wednesday, September 18, 2024, to determine when and where the vote will be held and WHO will get to vote. ADUSA and the Teamsters agreed that the election will take place on from October 9 – October 10, 2024, in the Transportaiton Break Room from 8 a.m. – 12 p.m. and from 4 p.m. – 8 p.m. on both days. All full-time Lead Truck Drivers, Truck Drivers, Part-Time Truck Drivers and Switchers are eligible to participate in the election.

We do not think union representation is in your best interests. We would never recognize a union just because they claim a majority of drivers signed union cards. We want to make sure your rights are protected and believe that the appropriate members of the DC04 Transportation Department deserve the opportunity to vote for whether or not you want to join Teamsters Local 391 through a secret ballot election.

What To Know About An Election

Only those who vote will determine the outcome.

Only those votes actually cast in an election are counted by the National Labor Relations Board, the federal agency overseeing the election. A simple majority of those who vote will determine the results. For example, if only 20 vote, and 11 of the 20 vote in favor of the union, the union would win and represent ALL eligible voters – even if less than 10% of the Transportation Department drivers and switchers voted for it! That is why it is so important that everyone who is eligible takes the opportunity to vote once an election is scheduled. Not voting is basically voting for the union because the union would need fewer votes to get in.

Voter Chart
How you vote will be known only to you.

Your vote will be completely confidential. No one, including ADUSA Transportation or Teamsters, will know how you voted – unless you tell them.

Whether or not you signed an authorization card, you can vote NO.

Whether or not you signed an authorization card doesn’t matter. You can and should vote NO in this election. Signing a card doesn’t mean you have to support the union.

About Union Representation

Collective Bargaining – How Does It Work?

  • If the union wins the election, federal law requires representatives of the union and the Company to negotiate in good faith. What this means is that you are giving your voice to someone who you may not know and who may have different priorities than you.
  • Often, a union will have different priorities than its members and there’s no guarantee that what’s important to you will be among the issues the union chooses to bargain over.
  • The union can ask, and the Company can say no; the union can only get what the Company is willing to agree to.

As a result of collective bargaining:

  • Drivers and switchers covered by a union contract could end up with the same, with more, or with less than they have now.
    • Even if the union promises that employees will “get more,” the NLRB has ruled: “… collective bargaining is potentially hazardous for employees and as a result of such negotiations employees might possibly wind up with less benefits after unionization than before.Source: Coach and Equipment Sales, 228 NLRB. No. 51.

       

  • A union can “bargain away” existing benefits to gain provisions that benefit the union.
    • A union may trade away benefits important to employees to secure contract language that directly benefits the union.
    • The NLRB has ruled: “…in the give-and-take of bargaining the Union might give up insurance, holidays, or vacation time to obtain dues checkoff from the Company.” Source: La-Z-Boy, 281 NLRB. No. 54.

       

  • The union can’t force the Company to give in to any demands
    • Regardless of any promises made by union representatives and supporters, there is no law or regulation that requires the Company to agree to specific union demands during contract negotiations, particularly those that are not in the best interest of its customers, associates, or the company.
    • The NLRB ruled: “…there is no requirement in the [National Labor Relations] Act that an employer accede to all union demands or, after bargaining, retain all current benefits.” Source: Oxford Pickles, Division of John E. Cain Co., 190 NLRB. No. 24.

The Reality:

  • There are no guarantees that an agreement will be reached, how long contract negotiations will take, or what will be in the final contract.
  • Negotiating a first contract often takes well over a year, assuming an agreement is even reached.
  • Drivers and switchers would be left with whatever the Company and the union agree to, even if a union contract fails to deliver on the union’s promises.
  • There are no opt-outs of the contract. All drivers and switchers in the bargaining unit are subject to the contract terms negotiated by the union bargaining committee, which may not share your priorities.
  • If a union is voted in, it is very difficult get rid of the union and it will may be here forever. It is not something to just “try out.”

Because the decision about unionization is so important, with a lasting impact on you and your family, we encourage you to do your own research. Additionally, we want to make these commitments to you:

We Will Not:

Demand any associate vote a certain way in a union election.

Lie to you.

Tolerate retaliation of any kind.