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APWU amends charge filed against DHL Express Inc.

04.27.08

May 2008, Allentown/Bethlehem/Easton edition of The Union News

APWU amends charge filed against DHL Express Inc.

By PAUL TUCKER
theunionnewsabe@aol.com

REGION, April 10th- In the previous edition of the newspaper it was reported the American Postal Workers Union (APWU) filed a charge with the National Labor Relations Board (NLRB) Region Four in Philadelphia alleging DHL Express Inc. violated the National Labor Relations Act (NLRAct) by discharging two employees of the company, however, the newspaper has learned the union “amended” their charge against the company.

In a story published exclusively in the April edition of the newspaper, it was reported the APWU, which represents workers employed by the United States Postal Service, filed on March 10th, 2008 with the NLRB, a Unfair Labor Practice (ULP) charge alleging DHL fired two employees after participating in union activity.

According to the charge, obtained by the newspaper through the Freedom of Information Act, “On or about February 4th, 2008, the employer fired employee Delvin Pena for engaging in protected, concerted activity in an effort to discourage other employees from exercising their right to self organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

Also, on or about March 5th, 2008 the employer fired Norma Flores for engaging in protected concerted activity in an effort to discourage other employees from exercising their right to form a union, alleges the charge.

DHL Express Inc. is a global package delivery system and operates a facility on Nestle Way in Breinigsville.

The NLRB conducted a representation election at the facility in September, 2007, to determine if approximately 400 DHL workers wanted to be represented by the APWU. The employees voted 217 against becoming union members to 135 for union representation. The union is attempting to organize the DHL system nationwide. The union filed other charges against the company while attempting to organize their workers. APWU filed numerous ULP’s against DHL alleging the company violated the NLRAct by conducting a anti-union campaign which included hiring a labor consultant that specializes in attempting to keep labor unions from representing employers workers.

According to the amended charge, file with the NLRB on April 8th and obtained by the newspaper through the Freedom of Informationa Act, the name of Norma Flores no longer appears on the complaint.

The charge now states on or about February 4th, 2008, the employer discharge employee Delvin Pena for engaging in protected, concerted activity in an effort to discourage other employees from exercising their right to self-organization to form, join, or assist a labor organization.

According to the complaint, the charge was filed on behalf of Mr. Pena by Daniel Henderson, Union Organizer for the APWU in Allentown.

The ULP alleges Section 8 (a), subsections (1) and (3) of the National Labor Relations Act was violated by DHL representatives. Daniel Arrends, the company’s Human Relations Manager is named as the employer representative on the complaint.

ULP’s are amended when circumstances for the charge have changed or when new information is available that warrants the charge be altered.

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