Hartford Paper Reports on Windsor Organizing Campaign
The Hartford Courant got early wind of the NLRB Region 34 decision and put out an article last Saturday.
FedEx spokesperson Perry Colosimo continue to live in an alternate universe and repeats the company line.
"We disagree with the NLRB regional district's ruling and, as usual in these cases, we're prepared to go forth with an election at our Hartford facility," said Perry Colosimo, a spokesman for FedEx Ground.
Colosimo said most of the FedEx workers that the company considers to be independent contractors would prefer to remain independent. He did not say whether the company would appeal the decision.
Hello, Perry? Didn't you read the Region 34 Director's decision that said, "Between November 2, 2004 and September 20, 2006, three other regional offices have issued a total of four Decisions and Direction of Elections regarding the issue of whether the Employer's contract drivers are employees or independent contractors...In all four DDE's, the Regional Directors rejected the company's claim that drivers at issue were independent contractors....I take administrative notice of the fact that the Board denied the Employer's Request for Review in all four cases regarding the determination that contract drivers were statutory employees within the meaning of the Act."
So who do you believe, Perry or the NLRB?
-- April 20
Initial Thoughts on FedEx Express Race Case Settlement
Certainly, FedEx Express didn't easily part with $55 million. Or gleefully agree to the large scale changes to its hiring and employment policies. The FedEx Express workers bravely took on the company and the company blinked.
This latest cave-in by FedEx just goes to show how powerful a group of workers can be.
Remember how FedEx talked tough as recently as its 2006 annual report. In Note 19 from the company's annual report, they said
The district court's ruling on class certification is not a decision on the merits of the plaintiffs' claim and does not address whether we will be held liable. Trial is currently scheduled for February 2007. We have denied any liability and intend to vigourously defend ourselves in this case.
Remember how FedEx talked tough in the face of the California class action lawsuit for off-the-clock work - another case FedEx settled at the last minute - in the 2005 annual report.
The plaintiffs allege that hourly employees are routinely required to work "off the clock" and are not paid for this additional work. . . . We have denied any liability with respect to these claims and intend to vigorously defend ourselves in these cases.
And now look at how FedEx talks tough about the FedEx Ground misclassification lawsuit in its 2006 annual report.
We strongly believe that FedEx Ground's owner-operators are properly classified as independent contractors and we will prevail in these proceedings.
This has been a very long losing streak for FedEx.
-- April 12
NLRB Complaint Hits the Papers
The NLRB Region 1 complaint against FedEx Home Delivery for unfair labor practices in Northboro, MA was widely covered in the media. As Teamster General President Jim Hoffa said, "In FedEx’s quarterly earnings announcement last week, CEO Fred Smith bragged about his company. This week, the company’s real face of threats, forgeries, intimidation and firings has been exposed."
A Bloomberg article provided more analysis of the independent contractor issued. The reporter noted Fred Smith has claimed "FedEx has successfully defended itself in more than 100 lawsuits challenging the model." While that may be technically true, the FedEx CEO fails to mention how cases like a decision in 1992 from the Texas Employment Security Commission is relevant to 2007. Fred Smith also doesn't mention the series of depositions of FedEx executives like Dan Sullivan and Dave Rebholz in the on-going national litigation.
The Reuters article had more empty talk from FedEx Ground spokesmen. In the last paragraph, however, the unnamed writer confuses the Northboro FedEx Home Delivery unit that is the subject of the NLRB complaint with the Northboro FedEx Smartpost unit that voted last month. Dow Jones also had a short wire story on the complaint.
The hometown Worcester Telegram & Gazette went and spoke with at least one of the former drivers. And since that paper is the one the workers still in the Northboro terminal will most likely read, their coverage is the most important. Typically, FedEx wouldn't return the hometown paper call in time for the article.
-- April 05
