Memphis Papers Reports on FedEx's NLRB Problem - June 27, 2007

The managers at FedEx Corp headquarters woke up to a big story in their hometown paper on FedEx Ground's NLRB problem.

By intervening, the NLRB said it agreed that the drivers are employees and not independent contractors, according to Patricia Gilbert, NLRB spokeswoman in Washington.

The decision was made by the regional director in Massachusetts.

FedEx disagrees with the ruling on principle and alleges that the Teamsters engaged in "objectionable misconduct," which tainted election results. The company has filed an objection.

Well, since the company disagrees on "principle" then we can just throwaway the law and say they've been right all along and that the courts, the state auditors and the NLRB have been wrong every time.

Technically, the certification of Teamster Local Union 25 as the two Home Delivery units' collective bargaining agent ends the objection process for the company.

And the company has clearly said what their next step is.

Since 2001, NLRB regional offices have ruled six times that FedEx Ground and Home Delivery drivers are not independent contractors, giving them the right to form a union.

John Budd, labor relations professor at the University of Minnesota, finds it interesting that the more conservative Bush administration NLRB ruled in favor of the workers.

"The real test will be to see if FedEx appeals the decision," he said. 

In order to get a court review, FedEx says it will refuse to bargain with the new Teamster group in Massachusetts, forcing the union to file a grievance.

What is left unsaid in the last sentence of this article is that the company's 'refusal to bargain' is itself illegal and will result in a NLRB complaint.  So FedEx is not only a serial tax cheat by misclassifying drivers but also a serial labor law scofflaw.  Hard to tell how those FedEx managers in Memphis and Pittsburgh feel about that.