She peed, and they made her pay.
Toll Group’s unreasonable firing of Xiomara Perez, who made a quick stop at a McDonald’s to use a restroom while on the clock, has American workers everywhere shaking their head in disbelief. Urge Under Armour, who contracts with this Australian trucking carrier to haul its goods out of the Ports of LA and Long Beach, to stand up for Xiomara Perez and her union.
According to Toll Group, once on the road, drivers are not allowed to make a quick pit stop – no matter how many hours drivers are sitting in traffic. But as a professional driver, Xiomara adhered to U.S. Department of Transportation regulations that require any hauler to pull over if they feel faint, fatigued, or are experiencing any other physical ailment that may keep them from safely operating the truck.
So why does the $8.8 billion company, a contractor for the popular U.S. athletic apparel brand Under Armour, find this quick pit stop unacceptable? The truth is that Xiomara is a vocal supporter of the union and better workplace safety, and management spied on her, and retaliated to send a message to her co-workers that all union supporters will be punished.
Under Armour is one of Toll Group's largest customers that has a strong code of ethics and business conduct policy to respect freedom of association and workplace health and safety, so if Under Armour speaks up about firing a mom of three for going to the bathroom on the job, Toll Group will have to sit up and take notice.
Ask Under Armour to stand up for union rights and immediately reinstate Xiomara Perez!
- President, CEO, Chairman of the Board, Under Armour
Kevin A. Plank
- Chief Operating Officer, Under Armour
Kip J. Fulks
- Director of Distribution Systems, Under Armour
- SVP, Supply Chain
- VP, Corporate Governance & Compliance
- Under Armour
As one of Toll Group's largest customers, you have the power to make them sit up, take notice, and observe your corporation’s commendable code of ethics and business conduct.
Let them know that harassing their U.S. truck drivers for their union support and their deplorable health and safety workplace violations must end now. Tell them to reinstate the workers they retaliated against for speaking out like Xiomara Perez immediately.
According to the Australian Toll Group’s dismissal, once on the road, drivers are not allowed to make a quick pit stop – no matter how many hours drivers are sitting in traffic or if nature calls. But because Xiomara pulled over to use the bathroom, she got fired.
The U.S. Department of Transportation mandates that if drivers feel fatigued, faint, famished, or any other condition that would interfere with their ability to haul safely, they must stop to rest or replenish themselves for their safety and the safety of the driving public. Xiomara, a professional driver and mother of three, takes these rules seriously and simply relieved herself, and got some quick nourishment at a McDonalds. Anyone of good conscience would have done the same under the circumstances. It is unbelievable that "company policy" denies truck drivers the ability to use safety judgment to make a quick rest stop if they feel faint, tired or need to urinate while hauling cargo.
It is unforgivable that they have paraded out this policy as a cheap and unconvincing excuse to fire someone simply because they know she would vote yes in their April 11th union election.
It is unreal to hammer truck drivers with intimidating tactics that are the opposite of the business and cultural values that America and Australia stand for: freedom, rights, respect, and democracy!
Days after Xiomara was fired, her pro-union co-worker Steven Chavez was canned for using his lunch break to update important DOT safety credentials. I hope that you will abide by your code of conduct and business ethics which you have wisely applied to your suppliers and subcontractors, and immediately tell your Ports of LA and Long Beach trucking carrier Toll Group to end their anti-worker and anti-women harassment, and reinstate these fired workers at once.
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