Fair Use Quote from FedExaminer.com
Things written under copyright protection can't be printed elsewhere in full form. But select quotes can be used under fair use provisions to allow for continued debate and discussion in the public sphere. Here's a quote from a weekend commentator at FedExaminer.com talking about FedEx Ground or FedEx Home Delivery:
After inquiring about a route for sale and then visiting with my banker, he suggested some things, one being to go online and see if there was a chat room or forum to get some feel from other IC's what to expect. I am glad that he suggested to do so. I have only been member for a few days, but the reading that I have done has changed my mind about purchasing the route I was considering. Thanks to my banker and thanks to all you.
That wins the essay contest for "Explain Why the Internet is Important to Workers in 100 Words or Less." If you are reading FedExWatch and not a subscriber to FedExaminer, then pry open your wallet and sign up.
FedEx - like most companies - doesn't tell prospective employees or so-called "contractors" the type of information that a worker needs to know before joining a firm and committing his working life to that company. In the past, these conversations happened between friends, family or neighbors if one were lucky enough to know someone who knew someone. That kind of word of mouth networking was helpful to some but many others made decisions with very little understanding of what they were getting into before taking a job. Not any more. Workers on the net unite.
-- May 29
NLRB Again Rejects FedEx in Hartford
FedEx once again requested the NLRB review the Region 34 order finding the Hartford Home Delivery single vehicle drivers to be employees.
And the NLRB once again threw it back in their face. REJECTED again.
Next step is to open the ballot box and count the votes. Could be days or weeks before the results are announced. The wheels of justice grind on slowly but surely.
-- May 25
California EDD Audit Upheld at Court of Appeals
A California Employment Development Department audit of UPS subsidiary Sonic Air that determined the company's drivers were wrongly classified was recently upheld at the California Court of Appeals. The case is a predecessor to FedEx Ground's similar case against the EDD for its audit determination.
The Sonic Air case has run the gauntlet ; two appeals at the California Unemployment Insurance Appeals Board, an appeal before the Sacramento County Superior Court and an appeal before the California Court of Appeals. The EDD audit withstood all challenges.
When one compares and contrasts the Sonic Air case with the FedEx Ground case , at least in California, the only conclusion can be that FedEx Ground will ultimately be on the losing side. Again.
-- May 18
FedEx Ground drivers new BFF: John Tuzynski?
Are FedEx Ground drivers about to have a new best friend forever?
Meet John Tuzynski. He is the IRS Employment Tax Operations chief.
According to the BNA report for May 16, 2007:
"It's safe to say if you thought worker classification cases were increasing, you are going to see a nice increase in our fiscal 2008 plan," Tuzynski said. "This will be a major area of emphasis for us."
IRS has entered into a partnership with the Labor Department, the National Association of State Workforce Agencies, the Federation of Tax Advisers, and workforce agencies that administer state employment and unemployment taxes in California, Michigan, New Jersey, and North Carolina.
"[W]hat that means is that I am sending training materials to state workforce agencies, and we are training some of their examiners," he said. "We are sending them leads and they are sending us leads. We are also sending them information on cash payment reporting, and some day we see this extending out to all 50 states."
Don't be surprised if we start seeing the words "Tuzynski" and "tax gap" and "FedEx" in the same news stories with increasing frequency.
The BNA article also introduces us to Janine Cook:
Janine Cook, branch chief (Tax Exempt/Government Entities) in the IRS Office of Chief Counsel, said IRS becomes concerned when employers force workers into signing contracts stating that they are independent contractors, without benefits, in order to get work.The states are already on the case. Congress is on the case. And now the IRS is increasing on the case. Tax cheats beware."These cases are not always that on the fence," she said. "Where we get concerned is when someone is putting on the contractor label, making the worker sign this document if they want to work. They think the contract rules the tax classification and it doesn't," she said.
-- May 17
Hartford HD Drivers Vote But Ballots Not Counted
The Home Delivery drivers in the Hartford terminal voted this morning as ordered by the NLRB. The company again inserted another delaying tactic into the process by requesting the NLRB review the Region 34 Regional Director's decision on the driver status. While this request for review is considered by the NLRB, the Hartford ballots have been impounded and will be counted in the near future.
The entire FedEx strategy in the NLRB process is wholly predictable. The FedEx strategy is deny, delay and lose. FedEx denies the drivers are employees, FedEx delays the process with days of meaningless testimony at a hearing, then FedEx loses in the end when the Regional Director rules the drivers are in fact employees.
This request for review tactic is more of the same. FedEx denies that the Regional Director made proper the ruling, FedEx delays by requesting the ballots get impounded and then FedEx will lose.
FedEx will lose this request for review just like the company lost in its reviews in Barrington, like they lost in Northboro and like they lost in Wilmington.
Although delayed by the process, the justice for the Hartford drivers won't be denied. We expect a ruling from the NLRB within a few weeks and then the ballots will be counted.
-- May 11
Hartford HD Drivers to Vote May 11
The single-vehicle contractors at the Home Delivery terminal in Hartford, CT go to vote for Teamsters Local Union 671 on May 11. The company sent the usual suspects (Tim Edmonds, recently charged with unfair labor practices in Northboro) but also sent other senior managers from Pittsburgh to make phony claims and empty promises. The Hartford drivers are taking the next step to standing up to the FedEx scam.
-- May 10
FedEx Ground Denies NLRB Allegations in Northboro
The Worcester Telegram & Gazette followed up with the NLRB and reports on FedEx Ground's response to the Region 1 complaint.
Although the language suggests that it is the Teamsters that have made the allegations, in fact the complaint comes from the NLRB and its investigation of the practices by FedEx in its anti-union campaign in Northboro. If the workers' charges of unfair labor practices in Northboro were just hot air, then the NLRB investigation would conclude without a sound. Instead, the NLRB concluded that there was enough evidence of illegal actions by FedEx to file the complaint.
This is very similar to what happened to unfair labor practice charges stemming from the Barrington, NJ events. In that case, the NLRB complaint also caused brave talk from FedEx spokesmen but ultimately FedEx Ground settled for cash considerations with those workers.
-- May 08
