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NLRB Regional Office Issues Consolidated Complaint Against SuperShuttle

General Counsel Seeks Order Requiring Lost Pay, Reinstatement of Denver Airport Drivers

WASHINGTON – Tuesday’s action by NLRB Region 27 is the first step toward workplace justice for SuperShuttle drivers at Denver International Airport.

The 100 drivers are members of CWA Local 7777 who have been fighting back against SuperShuttle’s abuse and for a fair contract. In 2011, they voted for CWA representation, but SuperShuttle and French parent company Transdev (formerly Veolia Transdev) have fought back viciously, refusing to bargain a fair contract. Many of the drivers are immigrants from North Africa who now are U.S. citizens. They came to the U.S. to build a better life for themselves and their families. These workers want a shot at the American dream. They believe that with hard work they should be able to make a living and provide for their family.

Negede Assafa, a longtime driver who was illegally fired, said, “It’s been a nightmare for the past six months. We think the NLRB did the right thing on behalf of us. We’re not asking for anything special. We don’t want to take advantage of the company. We want to coexist and make money with them. 

The NLRB regional office’s decision to consolidate several recent unfair labor practice charges and issuing complaint against SuperShuttle is a big victory for these drivers. The regional office will pursue action against SuperShuttle for violating drivers’ rights by illegally firing several drivers, illegally imposing a sham contract on the drivers that resulted in a 30 percent cut in take-home pay, slashing hours, conducting illegal surveillance of the drivers and other complaints. 

As remedy, the NLRB General Counsel will recommend that all drivers be "made whole" and compensated for their financial losses. Drivers previously had been able to work 60 or more hours a week and could keep 62 percent of all generated fares. Under the sham contract, drivers were limited to 40 hours work per week and were paid just $10-$11.50 per hour. The General Counsel is calling for the reimposition of previous work rules that enabled drivers to use their own vans and set their own schedules.   

The General Counsel also will seek an order requiring the reinstatement of drivers: Farid Lahlali, Abdulkadir Kasahun, Abdelkrim "Karim" Aouinat and others who were fired over SuperShuttle’s imposed attendance policy. The hearing before an administrative law judge is scheduled to begin on Jan. 13, 2015.

The regional office action comes as the Denver community continues to rally around the drivers and support their cause. The Denver Workers’ Rights Board, composed of elected officials, clergy and community and civil rights leaders, is calling for fair treatment for the SuperShuttle drivers.   

 

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Background

In 2009, drivers began organizing for union representation after Denver SuperShuttle attempted to cut the take-home pay across the unit by flooding the market with new drivers.

In retaliation for their organizing activity, SuperShuttle tripled drivers’ fees, imposed arbitrary fines, began firing and suspending drivers for minor infraction and increased surveillance.

It also attempted to block the drivers from forming a union by claiming they were "independent contractors."

In May 2011, the NLRB ordered the company to reinstate a fired driver, refund drivers tens of thousands of dollars in fees, and end the intimidation and harassment. In October 2011, 95 percent of the drivers voted for CWA representation, becoming the first unit of SuperShuttle drivers under the franchise system to win recognition as regular employees from the NLRB.

In March 2014, SuperShuttle unilaterally ended bargaining and imposed a sham contract that cut the pay of these drivers by 30 percent through a reduced wage rate and new limits on work hours -- a proposal that workers had already voted down nearly unanimously. It would push many drivers into poverty and onto government assistance like food stamps and Medicaid. CWA filed more unfair labor practice charges over this unlawful unilateral implementation. 

After investigation, NLRB Region 27 found that SuperShuttle had repeatedly violated federal labor law. In August 2014, the Region notified SuperShuttle of its findings and called on the company to rescind the sham contract. When settlement discussions with SuperShuttle failed, the Region issued its complaint and set the matter for trial.  The drivers will finally have their day in court and justice will soon be served.

 

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