Judge rules Swift unlawfully fired two drayage drivers

[Omaha Steve]

http://www.landlinemag.com/todays_news/Daily/2009/Dec09/122809/123009-09.htm

A judicial board has ruled in favor of two port drivers who were fired by Swift Transportation after they participated in union activities.

The National Labor Relations Board held an administrative law hearing in August in Los Angeles on behalf of drivers Anthony Herron, Bismark Sanchez, Marco Diaz and Salvador Gonzalez.

In a written ruling, Judge Lana Parke said Diaz and Gonzalez were unlawfully fired due to their involvement with the International Brotherhood of Teamsters. The motor carrier had legal justification for firing Herron and Sanchez, the judge ruled.

Swift attorneys had argued the two had been fired for not disclosing misdemeanor crimes when they were hired.

The judge also ruled that the company violated the law by “interrogating employees about their protected concerted and/or union activities, by implicitly threatening employees with termination if they engaged in protected activity or supported the union, by threatening employees with plant closure and by informing employees of the futility of supporting the union.”

According to court documents, Gonzalez’s open disagreement with Swift CEO Jerry Moyes during a February 2009 meeting at the Swift yard and during a later teleconference with drivers was noted by a company security employee.

FULL story at link.