Lux Bus Update – NOV 17, 2024 – You Were Deceived, Losing Charter Work Was Never On the Table – and It’s Not Over

Dear Lux Bus Drivers,

A month has passed since the election. I want to update you regarding the election and the subsequent actions taken by the Union. 

As you know, ballots were challenged during the election. The challenges were settled on October 30. The official vote count is as follows: 22 Yes Votes and 23 No Votes. Therefore, the Union does not have the majority in the election.

However, the Union has filed objections and Unfair Labor Practice charges with the National Labor Relations Board regarding the conduct of the election and the conduct of the company that affected the result of the election. 

We state that immediately after the petition was filed for the election, the company’s conduct destroyed the legally required “laboratory conditions” for holding free and fair elections. “Laboratory conditions” refer to the required conditions for a union election, where employees can freely choose without any interference from the employer, the union, or any other party. 

The Deception Started Here: Charter Work Was Never On the Table and Never Will Be!

If you join the Union, your ability to secure Charter work will not be affected in any way. The Union Busters and the Company led many to believe that your Charter work was being jeopardized.  That implication was a lie. The threat was an intimidation tactic to create fear in you to vote “No.” The Union never objected to drivers continuing charter work after the election. The Union is not in the business of taking away the benefits of our potential members, ever. 

You were misled by unscrupulous Union Busters, who were proven in NLRB rulings to be deceptive and not credible.

The company hired the union busters to dissuade you from voting for the union with their false claims about the union. The union busters even used deception and misled you about who they were. Reynaldo Ingles real name, is Ronn English. Yes, he even lied about his name. When he was asked what his name was and how it was spelled, he refused to answer the question and said, “It’s spelled just how it sounds.” He never divulged his real name or the name of the company that he worked for, so we could not check his background and find out what we now know. 

Ronn English and Carlos Ortiz have a history of lying and deceiving employees.  

Ronn English was involved in a campaign with Sysco Columbia, LLC, and Teamsters Local 509. The Union filed Unfair Labor Practices against the company. The Administrative Law Judge found Ronn English’s testimony not credible. You can read the entire Decision and Order from the case, (insert link)

Carlos Ortiz was involved in a campaign with UNF, West Inc., and Teamsters Local 166. Their Union also filed Unfair Labor Practices charges against the company. Here are a few excerpts from the decision:

1. If the Union wins, the Company could reduce your wages.” Contreras responded, “But that’s illegal.” Ortiz then said, “Lino, who pays your salary? The Company, right? Therefore, the Company has the right to reduce your salary.” Contreras responded, “Yes, if that’s what you say.” 
2. Ortiz said that he had some bad experiences with the Union and that the Union only wanted employees’ money.
3. Ortiz threatened employees with wage reductions if they voted for the Union.

The conclusion found that Carlos Ortiz was in violation of NLRB rules for his conduct. You can read the entire Decision and Order (insert link).

When you first signed cards, the path was clear.

Over 34 drivers completed authorization cards for representation. This was strong support for a group with 49 drivers. I have never heard of a campaign with that strong of support ending in a failed election. This only happened because of the information you were fed and the fear of losing something important to you. Charter work is integral for some of you to make ends meet or to make extra money. Your charter work was never in jeopardy; this implication was a lie.

What is Teamsters Local 853 doing about this injustice? 

As a result of these illegal tactics, the Union has filed an Unfair Labor Practices(ULP) charge against the company for its actions. In addition, we filed eight(8) objections to the election as a result of their actions. The Union is hopeful that with the charges filed, the NLRB Board will rule in our favor, meaning they will issue a “Bargaining Order” to begin negotiations for a contract. We are still waiting for the dates of the hearings on the Unfair Labor Practices and the Objections. Once we have these dates, we will let you know when the hearings will be held and the decision by the Board thereafter.

Please be patient. Your fight for fair and equal pay, better benefits at a lower cost, seniority, and a concrete contract that outlines your future is not over. We took you all seriously when you petitioned for an election, and that commitment has not wavered. Stand Strong!

Tracy Kelley

Teamsters Local 853