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| December 19 |
Mass AG Cites and Fines FedEx Ground $190,000Teamsters General President Jim Hoffa: “I applaud the just actions taken by Massachusetts Attorney General Martha Coakley in targeting the scofflaw FedEx Ground. FedEx Ground has for too long passed unnoticed as it calls its drivers ‘independent’ but illegally controls them like employees. But FedEx Ground is running out of places to hide. This action in Massachusetts is another nail in the coffin of FedEx’s illegal business model.”
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| November 06 |
FedEx Pays $253,000 to 5 Northboro Drivers, Election RescheduledFedEx Home Delivery has agreed to pay five former and present drivers a total $253,000 to settle a series of unfair labor charges brought by the National Labor Relations Board against the company. The five drivers –four former and one present driver – all worked in the Northboro, Massachusetts Home Delivery terminal and were union supporters in a unionization drive in 2005 and 2006 by Teamsters Local 170. The NLRB also ordered an election in Northboro for February 2008.
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| October 12 |
Teamsters, FEDXMX Organizing Committee Announce OAK and LAX MeetingsThe Teamsters and the FedEx Aircraft Mechanics Organizing Committee announce two more open houses: Oct 15 in OAK and Oct 27 and 28 in LAX. Teamster representatives, Organizing Committee and out-station representatives and Teamster mechanics from UPS, Airtran, Continental, United, ABX and others with be there.
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| October 04 |
FedEx Home Delivery versus National Labor Relations BoardOn Sept. 28, the National Labor Relations Board ordered FedEx to “cease and desist from failing and refusing to recognize and bargain with Teamsters Local Union 25 as the exclusive collective bargaining representative of the employees” in the two Wilmington, MA Home Delivery units. The company will ignore this order too. On Oct. 1, FedEx appealed the NLRB determination that the Home Delivery drivers are employees in the U.S. Court of Appeals D.C. Circuit. FedEx wants to re-litigate the status of the Wilmington drivers. FedEx must file its statement of issues - meaning repeat its losing argument - by Nov. 2; future filings will be uploaded to our Resource page. The company and their lawyers are not satisfied with losing in the California Court of Appeal; they want a new, bitterer-tasting higher court ruling against them in the U.S. Court of Appeal.
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| September 26 |
FedEx Ground/HD Drivers Sue FedEx, Adecco and Kelly ServicesPulling back the curtain on the contractor scam at FedEx Ground is uncovering a whole lot of possible illegal activity. In the legal cyclone swirling around FedEx Ground in the multi-district litigation, federal claims are being filed on behalf of drivers to regain their rights and proper compensation. Three such cases alleging wage claims for present and former FedEx Ground and/or FedEx Home Delivery and/or Adecco USA and/or Kelly Services drivers could reveal another layer of the contractor scam.
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| September 21 |
FedEx Abandons Single Vehicle Contractor Model in California’This is the beginning of the end of the contractor scam at FedEx Ground,’ says Jim Hoffa. FedEx could pay between $26 million to $33 million in severance costs alone for abandoning its illegal contractor model in California. FedEx and Fred Smith calls this abandonment a ‘transformation.’ But this is a retreat from the company’s contractor model. And a termination notice for about 1000 FedEx Ground and HD drivers in California who won’t take on additional routes.
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| September 07 |
NBC and Governor Spitzer Eye FedEx GroundOn the Sept. 7 evening broadcast, NBC Nightly News will air a segment looking into the contractor scam at FedEx Ground. [UPDATE: That segment did not air on Sept. 7. A notice will be posted when it is re-scheduled.] While on the same day, New York Governor Spitzer signed an executive order creating an inter-agency task force to crack down on employers who misclassify their employees as contractors. The investigators may soon turn their attention on a large national package delivery company that commonly misclassifies their drivers as shown on NBC.
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| September 05 |
Teamsters and FEDXMX Organizing Committee Announce Indy MeetingWe, as FedEx Express employees, have lived and enjoyed working for a company that has historically utilized a PSP philosophy. Take care of your people and your people will take care of you. This worked well for FedEx as the company established itself and developed a new industry. Today, we live and work in an environment that dictates that the company no longer wished to do business as a company and must evolve into a corporation. This transition signaled an end to the PSP philosophy for us. We are inviting all FedEx Express maintenance job familes to this open meeting with the Teamsters in Indianapolis. The Teamsters have proven that they can solidify a contract that is both favorable and fair to all employees they represent.
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| August 17 |
Wilmington Update: NLRB Files Complaint for Failure to BargainThe National Labor Relations Board Region 1 in late July charged FedEx Ground with an unfair labor practice charge by refusing to bargain with the certified bargaining representatives, namely Teamsters Local Union 25. FedEx has answered by claiming, “There is no violation as a matter of law because contractors and swing contractors are not employees under the National Labor Relations Act.” NLRB Region 1 filed a motion for Summary Judgment before the full Board. The company will again trot out the same dog and pony show. In short order, the Board will issue a motion that finds FedEx is in violation of the NLRA. At that point, FedEx will have exhausted its legal options before the Board. FedEx has indicated to the media that the company expects to re-argue the employee status of the Wilmington drivers in United States Circuit Court.
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| August 13 |
CA Appeals Court Upholds Judgment: Drivers are Employees"In practice, therefore, the work performed by the drivers is wholly integrated into FedEx’s operation. The drivers look like FedEx employees, act like FedEx employees, are paid like FedEx employees and receive many employee benefits....The essence of the trial court’s statement of decision is that if it looks like a duck, walks like a duck, swims like a duck and quacks like a duck, it is a duck...The trial court’s finding are supported by substantial evidence. FedEx’s control over every exquisite detail of the drivers’ performance, including the color of their socks and style of their hair, supports the trial court’s conclusion that the drivers are employees...Based on these facts, we reject FedEx’s contention that this is a ‘true entrepeneurial opportunity based on how well the drivers’ perform’ and conclude that substantial evidence supports the trial court’s findings that the drivers are employees, not independent contractors.” Read the entire ruling at our Resource page.
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| August 01 |
Teamsters and MEM Mechanics Announce MeetingUnited We Bargain, Divided We Beg - We, as FedEx Express employees, have lived and enjoyed working for a company that has historically utilized a People Service Profit philosophy. Take care of your people and your people will take care of you. This worked well for FedEx as the company established itself and developed a new industry. Today, we live and work in an environment that dictates that the company no longer wishes to do business as a company and must evolve into a corporation. This transition signaled an end to the PSP philosophy for us. The Corporation has shown us what we need to do in order to secure our future and livelihood here at FedEx. We need a union now! We need the Teamsters now! Signed, FedxMX Organizing Committee
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| July 24 |
FedEx Home Delivery Driver Testifies before U.S. HouseA former FedEx driver told a congressional panel on July 24 that the company misclassified him as an independent contractor though it controlled most aspects of his daily work as it would an employee. Bob Williams, who worked for FedEx Corp. subsidiary FedEx Home Delivery in Northboro, Massachusetts, testified before two House Education and Labor subcommittees. The hearing was titled “The Misclassification of Workers as Independent Contractors.” Williams and his fellow drivers petitioned the NLRB to join Teamster Local Union 170. Following an illegal anti-union campaign, the NLRB has charged FedEx Home Delivery for multiple unfair labor practices.
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| June 21 |
NLRB Certifies Teamsters Local Union 25 As Bargaining AgentAfter more than eight months, the National Labor Relations Board (NLRB) on June 21 certified the election in which FedEx Home Delivery drivers at two locations in Wilmington, Massachusetts, voted 24-8 to overwhelmingly choose Teamsters Local 25 in Boston as their bargaining representative.
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| June 04 |
Hartford Drivers Latest to Join TeamstersThe single-route drivers at the FedEx Home Delivery terminal in Windsor, CT voted to join Teamster Local Union 671. The election was held May 11 and the votes were finally counted on June 1 following another failed procedural delay by the company. The 21 drivers in the unit in Hartford followed up the vote by drivers in Wilmington, MA to join Teamster Local Union 25 in Boston.
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| May 04 |
Tell Congress to Act on FedEx Ground ScamThe FedEx Ground independent contractor scam has gone on long enough. The powers that be are coming around to the cost shifting and tax cheating. And you can add your voice to the movement that will end the FedEx scam. The United States House of Representatives Ways and Means Committee is in charge of all revenue and spending decisions in Congress. On Tuesday, May 8, two Ways and Means Committee subcommittees are holding a joint hearing on the abuse of independent contractor status. Public statements can be completed at the hearing’s online submission form.
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| April 18 |
NLRB Region 34 Rules Hartford Drivers are EmployeesNational Labor Relations Board Region 34 Director Peter Hoffman ruled on April 11 that a group of FedEx Home Delivery drivers in Windsor, CT were employees and eligible to vote in a upcoming union election. Region 34 Director Hoffman noted that this decision is the fifth decision since November 2004 to find the drivers to be employees under the National Labor Relations Act. The NLRB has upheld each of the previous four regional directors’ decisions.
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| April 12 |
FedEx Express Settles Discrimination LawsuitPlaintiffs’ lawyers reached a settlement with FedEx Express in the large discrimination class action lawsuit at the Express Western Region. The lawsuit (Satchell et al vs FedEx Express) was filed in 2002 and alleged widespread discrimination in hiring, access to training and promotion. This settlement includes the standard “no admission of liability” but also saw FedEx Express agree to pay $55 million and pledge to make wide-ranging changes to how it reviews potential hires, evaluates its employees and promotes among its workforce.
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| April 04 |
NLRB Region 1 Issues Complaint Against FedExThe National Labor Relations Board Region 1 on March 30 issued Complaints on multiple unfair labor practice charges against FedEx Home Delivery. The Regional Director’s consolidated complaint documents a systematic campaign by the Company and its managers to threaten, intimidate, punish and economically injure drivers who were seeking to join Teamsters Local Union 170. The company is charged with retaliating against drivers for testifying before the NLRB and other protected union activities. The complaint charges that the company fabricated evidence of wrongdoing and terminated four drivers for their protected free speech and union support. The full complaint is uploaded to our Local Union 170 Resource page.
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| March 14 |
FedEx Corporation Changes Bylaws for Director ElectionsAbandoning its two-year opposition to Teamster proposals demanding a majority vote standard in director elections, FedEx Corporation’s board of directors amended the company’s bylaws to adopt a majority-voting standard in uncontested director elections and a resignation requirement for directors who fail to receive the required majority vote. “This is a triumph for FedEx shareholders who gain a greater voice in the boardroom by having the ability to have an up or down vote on directors,” said C. Thomas Keegel, Teamsters General Secretary -Treasurer.
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| February 16 |
FedEx Home Delivery Gives Up in OregonIn December 2006, FedEx Home Delivery withdrew its appeal in the Oregon Court of Appeals of an administrative decision finding a multiple-vehicle ‘contractor’ (and his subcontracted drivers) to be an employee and eligible for unemployment benefits. Essentially, FedEx Ground and FedEx Home Delivery in Oregon admit that the ‘contractor’ designation wrongly denied Dennis McHenry and his drivers unemployment benefits. Other Ground and Home Delivery drivers in Oregon should immediately contact the Oregon Employment Department Director Laurie Warner (Phone: 503-947-1470 or email at laurie.a.warner@state.or.us) to ask for a determination regarding their employment status. You can find the Oregon Attorney General’s brief defending the state’s position at our Resource page.
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