Overnite Transportation Co. has announced it would appeal a three-judge panel's decision to the full U.S. Court of Appeals for the 4th Circuit, seeking to overturn a National Labor Relations Board (NLRB) decision to recognize the Teamsters as the bargaining agent for employees at four locations where a majority of employees had voted against union representation.
NLRB has ordered the Richmond, Va.-based LTL carrier to bargain with the Teamsters at four locations as if employees had voted in favor of Teamster representation.
Employees at the service centers in Norfolk, Va.; Louisville, Ky.; Bridgeton, Mo.; and North Atlanta, Ga. voted against union representation in 1995. The NLRB subsequently found that former managers at Overnite had committed serious unfair labor practices and overturned the election results.
By a 2-to-1 margin, the panel upheld the earlier decision.
"We are very encouraged by the strong dissenting opinion written by Judge Paul V. Niemeyer," said Overnite director of corporate communications Ira Rosenfeld. "We continue to disagree with the findings of the NLRB administrative law judge, which the NLRB and the majority rubber stamped."
Rosenfeld said the NLRB decision disenfranchises the will of its employees at the four locations.
Eight of 362 employees at the four service centers, or 2.2%, honor the picket lines. There are no strikers in either Louisville or Norfolk.
The Teamsters have been on strike against Overnite since October 24, 1999. Rosenfeld said more than 96% of Overnite employees, including two-thirds of those represented by the teamsters, have been coming to work each day.
The Teamsters are the certified and represented bargaining agent for 1,792 Overnite employees at 22 service centers. Overnite operates 167 centers and employs nearly 13,000 persons.