Jennifer Melendez, Edgar M. Rivera, Esq., Owen H. Laird, Esq. and Yarelyn Mena
Congress passed the National Labor Relations Act of 1935 (NLRA) to guarantee employees the right to form or join labor organizations. As a result, the National Labor Relations Board (NLRB) was created to enforce those rights. The NLRB guarantees democratic union elections, arbitrates deadlock labor-management disputes, and penalizes unfair labor practices. Some examples of unfair practices the NLRB handles are restraints in labor’s self-organizing rights, employer interference with the arrangement of labor unions, discouragement of union membership, and prohibitions against collective bargaining. NLRA violations have been the center of a protracted dispute between Green Fleet Systems (GFS) and its drivers.
In early 2012, GFS drivers teamed up with the International Brotherhood of Teamsters Union to begin organizing. In early 2013, the Teamsters notified GFS management of their campaign, initiating a strike to, among things, force GFS to allow its drivers to unionize. In August and November 2013, the Teamsters organized two, brief strikes at the GHS’s facility in which approximately forty drivers participated. At one of the strikes, GFS employee, Ramon Guadamuz, stated “This is the first time as port truck drivers that we are doing this, exercising our rights. We started in May last year, working together, exercising our right to form our union. We have been struggling against illegal tactics by GFS.” Among Guadamuz and the other drivers were Mateo Mares and Amilcar Cardena. During the same time of the strikes, they also filed wage claims alleging, among things, that GFS misclassified them as independent contractors. Consequently, on June 2014, GFS officials retaliated against Mares and Cardena by terminating their employment.