Full Court Denies Overnite Transportation's Appeal Decision Against Union Pacific's Subsidiary Stands, Teamsters Report

Apr 19, 2001, 01:00 ET from International Brotherhood of Teamsters

    RICHMOND, Va., April 19 /PRNewswire/ -- The United States Court of Appeals
 for the Fourth Circuit in Richmond, Virginia, issued an opinion on Monday,
 April 16, 2001, denying a request for a rehearing by Union Pacific (UP)
 Corporation's trucking subsidiary, Overnite Transportation Company, of the
 finding that UP/Overnite was guilty of violating the rights of thousands
 Overnite workers' across the country.
     "Overnite's management needs to adhere to the rule of law and stop the
 excuses," said John Murphy, Teamster Vice President and National Organizing
 Director.  "Now, the question is, will Union Pacific allow its subsidiary to
 continue violating its workers' rights or will it stop it."
     With this decision, Overnite must finally provide restitution to the
 workers from whom it illegally withheld wages.  It must recognize and
 negotiate with the Teamsters at more of its terminals.  Additionally, it sets
 the precedent for the remaining terminals under bargaining orders and will
 lead to Overnite recognizing and negotiating with the Teamsters at all 37
 terminals the union currently represents.
     For years, Overnite officials claimed that these complaints were a figment
 of the Teamsters' imagination.  In 1998, Overnite claimed that Labor Board
 Judge Schleshinger erred when he issued his decision and the company appealed
 to the NLRB.
     In 1999, Overnite claimed that the NLRB erred when it upheld Judge
 Schleshinger's decision, and found that the severity of Overnite's unlawful
 conduct was compounded by the involvement of president, senior vice president
 for operations strategy, and its general counsel, and the company appealed to
 the U.S. Court of Appeals Fourth Circuit in Richmond, Virginia.
     In February 2001, Overnite claimed U.S. Court of Appeals Fourth Circuit
 erred in 2001, when it ruled there is no question that Overnite is guilty of a
 litany of serious and pervasive misconduct and violations, and the company
 appealed to the full court.
     Now, in April 2001, the full court has denied Overnite's appeal.
     Five years and two months after this case first went to trial, the Appeals
 Court has issued its decision, ruling, "(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."
     As it has earlier decisions by the NLRB and the U.S. Circuit Court of
 Appeals, the Teamsters applaud the reaffirmation of this decision.
     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.
     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.
     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.
 
     Additionally, the Fourth Circuit opinion requires:
 
     *  UP/Overnite to pay Teamster represented workers millions 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.
 
     For a full copy of the OPINION go to http://www.ca4.uscourts.gov : and
 click Opinions and enter case number
 http://pacer.ca4.uscourts.gov/paceruser.html or go to:
 http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=992494.P
 
 

SOURCE International Brotherhood of Teamsters
    RICHMOND, Va., April 19 /PRNewswire/ -- The United States Court of Appeals
 for the Fourth Circuit in Richmond, Virginia, issued an opinion on Monday,
 April 16, 2001, denying a request for a rehearing by Union Pacific (UP)
 Corporation's trucking subsidiary, Overnite Transportation Company, of the
 finding that UP/Overnite was guilty of violating the rights of thousands
 Overnite workers' across the country.
     "Overnite's management needs to adhere to the rule of law and stop the
 excuses," said John Murphy, Teamster Vice President and National Organizing
 Director.  "Now, the question is, will Union Pacific allow its subsidiary to
 continue violating its workers' rights or will it stop it."
     With this decision, Overnite must finally provide restitution to the
 workers from whom it illegally withheld wages.  It must recognize and
 negotiate with the Teamsters at more of its terminals.  Additionally, it sets
 the precedent for the remaining terminals under bargaining orders and will
 lead to Overnite recognizing and negotiating with the Teamsters at all 37
 terminals the union currently represents.
     For years, Overnite officials claimed that these complaints were a figment
 of the Teamsters' imagination.  In 1998, Overnite claimed that Labor Board
 Judge Schleshinger erred when he issued his decision and the company appealed
 to the NLRB.
     In 1999, Overnite claimed that the NLRB erred when it upheld Judge
 Schleshinger's decision, and found that the severity of Overnite's unlawful
 conduct was compounded by the involvement of president, senior vice president
 for operations strategy, and its general counsel, and the company appealed to
 the U.S. Court of Appeals Fourth Circuit in Richmond, Virginia.
     In February 2001, Overnite claimed U.S. Court of Appeals Fourth Circuit
 erred in 2001, when it ruled there is no question that Overnite is guilty of a
 litany of serious and pervasive misconduct and violations, and the company
 appealed to the full court.
     Now, in April 2001, the full court has denied Overnite's appeal.
     Five years and two months after this case first went to trial, the Appeals
 Court has issued its decision, ruling, "(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."
     As it has earlier decisions by the NLRB and the U.S. Circuit Court of
 Appeals, the Teamsters applaud the reaffirmation of this decision.
     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.
     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.
     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.
 
     Additionally, the Fourth Circuit opinion requires:
 
     *  UP/Overnite to pay Teamster represented workers millions 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.
 
     For a full copy of the OPINION go to http://www.ca4.uscourts.gov : and
 click Opinions and enter case number
 http://pacer.ca4.uscourts.gov/paceruser.html or go to:
 http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=992494.P
 
 SOURCE  International Brotherhood of Teamsters