Overnite Transportation said it will appeal Friday's ruling by a federal appeals court that Overnite unfairly hindered the union's attempt to organize the less-than-truckload carrier's workers.
A three-judge panel of the 4th U.S. Circuit Court of Appeals voted 2-1 to uphold the National Labor Relations Board's November 1999 order that the company recognize Teamsters representation of workers at four Overnite terminals where Overnite disputed the union's authority. Employees at Overnite terminals in Norfolk, Va., Louisville, Ky., Bridgeton, Mo., and North Atlanta, Ga., all voted against union representation in 1995. However, the NLRB later overturned the election results, finding that former managers at the company had committed serious unfair labor practices. The board found that the company's unfair tactics included offering raises and new benefits to workers at Overnite terminals who voted not to unionize. Overnite said the pay raises were needed to stay competitive for the best employees and had nothing to do with the union's organizing efforts. Overnite will appeal the panel's decision to the full U.S. Court of Appeals for the 4th Circuit. "We are very encouraged by the strong dissenting opinion," said Overnite spokesman Ira Rosenfeld. "In his dissent, Judge Neimeyer said the majority opinion is contrary to the precedent of the U.S. Court of Appeals for the 4th Circuit." Neimeyer also disagreed with the Teamsters and the NLRB's arguments that the company's actions permanently tainted the election process. Rosenfeld said the company is appealing in part because "the majority opinion disenfranchises the will of our employees at the affected locations." Teamsters officials called the decision "historic." "Overnite now stands condemned on its appeal," said John Murphy, a Teamster vice president and director of organizing. Despite "shopping around for the most advantageous appeals court to file its appeal," Murphy said, the decision "demonstrates how hollow Overnite's propaganda has been when it said the over 1,000 charges filed against it have been …without merit." An Overnite worker from Memphis said, "It is just like Overnite. Overnite appeals and appeals and appeals like a criminal on death row." The Teamsters union has been waging an unfair labor practices strike against Overnite since October 1999.
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