New Resource: NY WC Board Panel Decision
The list of states that put the lie to FedEx's claim that their "contractor model" passes the smell test is long and growing.
The New York Workers' Compensation Board made just such a ruling in July 2006. The Board Panel ruled unanimously to overturn previous Board rulings and found a FedEx Home Delivery driver to be an employee.
If we know about this ruling, you can be sure that Gov. Spitzer and his team know about it too. Being in Eliot Spitzer's crosshairs is usually not a pleasant place to be. Especially tough for a national package delivery company who routinely misclassifies drivers.
-- July 24
Fred Smith Whines and Dines in Washington
The legislative battle for FedEx Express to keep its 'express courier' sweetheart clause under the Railway Labor Act is heating up like the Washington summer weather. Fred Smith came before the Senate Finance Committe to talk about Federal Aviation Administration funding. But he didn't just stop there.
The media doesn't report who he dined with, but this Bloomsberg piece makes it clear who he whined to:
FedEx Corp. Chief Executive Officer Fred Smith told U.S. senators it would be ``terrible public policy'' to approve legislation that makes joining unions easier for the delivery company's truck drivers.
``It's a bad thing directed at one company to disadvantage us,'' Smith told a Senate panel today in Washington. ``It's certainly inappropriate, in our opinion, to do this without any public hearing, without any consideration in a public manner.''
The House Transportation and Infrastructure Committee on June 28 approved budget legislation that includes a provision to let drivers for FedEx's Express unit vote locally to join unions rather than having to hold a national election. Smith wants senators to reject the plan in their version of the bill.
The legislation, backed by larger rival United Parcel Service Inc., would let FedEx Express drivers organize under the National Labor Relations Act. Now, because FedEx was founded as an airline, the drivers are under the Railway Labor Act, which also covers aviation workers.
All express drivers should be under the railway-labor act because it lets the U.S. government decide whether companies can lock out workers or employees can strike, Smith told the Senate Finance Committee's finance, energy and infrastructure panel.
FedEx and Fred Smith will pull out all the stops to keep the RLA clause in the pending FAA language. There's going to be a lot of spin and bamboozlement coming from Memphis over the next few months.
-- July 20
Boston 4 File Discrimination Lawsuit
The four Muslim drivers out of the Wilmington, MA Home Delivery terminal filed their discrimination lawsuit in county court. The drivers allege a pattern of racial slurs and discriminatory practices by FedEx management.
The Associated Press article concludes, "The Massachusetts Commission Against Discrimination ruled in March that the employees' complaints were valid, clearing the way for the drivers to pursue their case."
-- July 17
New Document: NLRB Certification Order for Local 25
We've uploaded the NLRB order that certified Teamsters Local Union 25 as the collective bargaining representative for the drivers at the two FedEx Home Delivery terminals in Wilmington, MA. This order is the last step in the NLRB process. The company is now legally obligated to begin bargaining with Local 25 for a contract for the Wilmington drivers.
-- July 09
