FedEx Ground wins appeal today (4-21-2009)
04-21-2009, 12:35 PM
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FedEx Ground wins appeal today (4-21-2009)
MEMPHIS, Tenn. – April 21, 2009 – FedEx Ground, a subsidiary of FedEx Corp., (NYSE: FDX), won a United States Court of Appeals for the D.C. Circuit decision today that said FedEx Ground independent contractors are independent business owners – not employees -- and are outside the jurisdiction of the National Labor Relations Board (NLRB). This decision validates the company’s long-standing position that FedEx Ground contractors are small business owners.
The US Court of Appeals decision was made on a FedEx Ground-filed petition for review following a September 28, 2007 NLRB decision granting the International Brotherhood of Teamsters the ability to conduct a membership election among single work area contractors in FedEx Ground’s Home Delivery terminals in Boston and Wilmington, MA. In the September 2007 decision, the NLRB claimed that the Home Delivery single work area contractors were employees.
The US Court of Appeals agreed with FedEx Ground’s contention that the NLRB Regional Office wrongly excluded material evidence and misapplied settled law on the most important factor that defines the statutory “independent contractor” exemption from the National Labor Relations Act (NLRA).
“The Court determined that the company had provided clear evidence that FedEx Ground contractors are properly classified as independent contractors,” said FedEx spokesman Maury Lane. “Court decisions like this and a recent state court decision in Washington State – the Anfinson case – confirm that FedEx Ground contractors are independent business owners who choose to own and operate their own enterprises as they like.”
FedEx Ground has consistently worked to protect and preserve the rights of independent contractors to own and operate their own business in Massachusetts and across the US. FedEx Ground is proud to be associated with nearly 13,000 independent contractors, all of whom made the decision to be self-sufficient, to be their own boss and to control their professional success.
The US Court of Appeals decision was made on a FedEx Ground-filed petition for review following a September 28, 2007 NLRB decision granting the International Brotherhood of Teamsters the ability to conduct a membership election among single work area contractors in FedEx Ground’s Home Delivery terminals in Boston and Wilmington, MA. In the September 2007 decision, the NLRB claimed that the Home Delivery single work area contractors were employees.
The US Court of Appeals agreed with FedEx Ground’s contention that the NLRB Regional Office wrongly excluded material evidence and misapplied settled law on the most important factor that defines the statutory “independent contractor” exemption from the National Labor Relations Act (NLRA).
“The Court determined that the company had provided clear evidence that FedEx Ground contractors are properly classified as independent contractors,” said FedEx spokesman Maury Lane. “Court decisions like this and a recent state court decision in Washington State – the Anfinson case – confirm that FedEx Ground contractors are independent business owners who choose to own and operate their own enterprises as they like.”
FedEx Ground has consistently worked to protect and preserve the rights of independent contractors to own and operate their own business in Massachusetts and across the US. FedEx Ground is proud to be associated with nearly 13,000 independent contractors, all of whom made the decision to be self-sufficient, to be their own boss and to control their professional success.
04-21-2009, 12:55 PM
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MEMPHIS, Tenn. – April 21, 2009 – FedEx Ground, a subsidiary of FedEx Corp., (NYSE: FDX), won a United States Court of Appeals for the D.C. Circuit decision today that said FedEx Ground independent contractors are independent business owners – not employees -- and are outside the jurisdiction of the National Labor Relations Board (NLRB). This decision validates the company’s long-standing position that FedEx Ground contractors are small business owners.
The US Court of Appeals decision was made on a FedEx Ground-filed petition for review following a September 28, 2007 NLRB decision granting the International Brotherhood of Teamsters the ability to conduct a membership election among single work area contractors in FedEx Ground’s Home Delivery terminals in Boston and Wilmington, MA. In the September 2007 decision, the NLRB claimed that the Home Delivery single work area contractors were employees.
The US Court of Appeals agreed with FedEx Ground’s contention that the NLRB Regional Office wrongly excluded material evidence and misapplied settled law on the most important factor that defines the statutory “independent contractor” exemption from the National Labor Relations Act (NLRA).
“The Court determined that the company had provided clear evidence that FedEx Ground contractors are properly classified as independent contractors,” said FedEx spokesman Maury Lane. “Court decisions like this and a recent state court decision in Washington State – the Anfinson case – confirm that FedEx Ground contractors are independent business owners who choose to own and operate their own enterprises as they like.”
FedEx Ground has consistently worked to protect and preserve the rights of independent contractors to own and operate their own business in Massachusetts and across the US. FedEx Ground is proud to be associated with nearly 13,000 independent contractors, all of whom made the decision to be self-sufficient, to be their own boss and to control their professional success.
The US Court of Appeals decision was made on a FedEx Ground-filed petition for review following a September 28, 2007 NLRB decision granting the International Brotherhood of Teamsters the ability to conduct a membership election among single work area contractors in FedEx Ground’s Home Delivery terminals in Boston and Wilmington, MA. In the September 2007 decision, the NLRB claimed that the Home Delivery single work area contractors were employees.
The US Court of Appeals agreed with FedEx Ground’s contention that the NLRB Regional Office wrongly excluded material evidence and misapplied settled law on the most important factor that defines the statutory “independent contractor” exemption from the National Labor Relations Act (NLRA).
“The Court determined that the company had provided clear evidence that FedEx Ground contractors are properly classified as independent contractors,” said FedEx spokesman Maury Lane. “Court decisions like this and a recent state court decision in Washington State – the Anfinson case – confirm that FedEx Ground contractors are independent business owners who choose to own and operate their own enterprises as they like.”
FedEx Ground has consistently worked to protect and preserve the rights of independent contractors to own and operate their own business in Massachusetts and across the US. FedEx Ground is proud to be associated with nearly 13,000 independent contractors, all of whom made the decision to be self-sufficient, to be their own boss and to control their professional success.
I'm sure the administration will be there for the pilot unions when the going gets tough.
04-21-2009, 04:12 PM
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04-21-2009, 04:16 PM
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04-21-2009, 11:30 PM
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It's a setback for labor, for sure, but the battle is far from over. Barack Obama has previously expressed special interest in the problem of employee mis-classification, even going so far as to sponsor (unsuccessfully) legislation specifically addressing the issue. Now that he's got the political juice to get things passed, I expect it will be re-introduced.
These drivers aren't stupid. Like pilots of competing airlines, they talk to each other and compare notes on pay, benefits, and working conditions. FedEx can claim their drivers are "independent" and "controlling their own success" but the reality is that they're making only about half what their counterparts at UPS make, and there is NO job security to speak of.
These drivers aren't stupid. Like pilots of competing airlines, they talk to each other and compare notes on pay, benefits, and working conditions. FedEx can claim their drivers are "independent" and "controlling their own success" but the reality is that they're making only about half what their counterparts at UPS make, and there is NO job security to speak of.
04-22-2009, 05:30 AM
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It's a setback for labor, for sure, but the battle is far from over. Barack Obama has previously expressed special interest in the problem of employee mis-classification, even going so far as to sponsor (unsuccessfully) legislation specifically addressing the issue. Now that he's got the political juice to get things passed, I expect it will be re-introduced.
These drivers aren't stupid. Like pilots of competing airlines, they talk to each other and compare notes on pay, benefits, and working conditions. FedEx can claim their drivers are "independent" and "controlling their own success" but the reality is that they're making only about half what their counterparts at UPS make, and there is NO job security to speak of.
These drivers aren't stupid. Like pilots of competing airlines, they talk to each other and compare notes on pay, benefits, and working conditions. FedEx can claim their drivers are "independent" and "controlling their own success" but the reality is that they're making only about half what their counterparts at UPS make, and there is NO job security to speak of.
Whistlin' Dan you want to make a bet on this? I know I'll lose but I'll take Fred and you can bet on Obama's previous record, I'm sure he'll still stand up for the little man and do what's right in the face of big business.
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