NLRB Files Brief in DC Circuit Court

The National Labor Relations Board filed its brief before the DC Circuit Court in defense of the Board ruling that the Wilmington, MA Home Delivery drivers are employees.  In its presentation of the facts, the NLRB brief said, “The drivers’ agreement, which the drivers did not negotiate, establish a full-time work arrangement and control their work...Except for the route assignment and for one aspect of compensation, the operating agreements are non-negotiable and presented on a take-it-or-leave-it basis.” The brief is uploaded to our Resource page for the Local 25 case.  FedEx now has the opportunity to file a response brief.

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New York Times Reporter Writes About FedEx in New Book

Steven Greenhouse, the labor beat reporter for the New York Times, released a book called The Big Squeeze which focuses on the hardships for today’s working men and women.  The New York Times is serializing parts of Greenhouse’s book.  The April 20 Sunday Times had an extensive excerpt that focused on former FedEx Ground driver Jean Capobianco. QUOTE: After she recovered (from cancer), Jean started looking for work. She spotted a help-wanted ad from Roadway Package Systems, which said it was looking for independent contractors to deliver packages.  “I needed a job,” said Jean. “They tell you, ‘You’ll make all this money working for yourself.’ ” She soon discovered that her new employer had embraced a controversial strategy to squeeze down costs by millions of dollars each year: it insisted that Jean and the other drivers were independent contractors, not employees.

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Litigation (Archives)

FedEx Ground vs California Employment Development Dept. Division | Ground | Contractor Dispute | State Litigation | California | |

This case stems from the California Employment Development Dept. audit of FedEx Ground in 2004 where the EDD determined that FedEx Ground drivers were employees.  The EDD assessed FedEx Ground owed more than $7.88 million in back payments to California.  As of November 2006, California Unemployment Insurance Appeals Board denied FedEx Ground’s petition for reassessment; the EDD audit determination that single route drivers are employees stands and FedEx Ground has 30 days to appeal.

Tumulty vs FedEx Ground Contractor Dispute | Federal Litigation | Wage Hour | Washington | |

This case was filed in King County (WA) Superior Court in 2003 and removed to U.S. District Court for Western Washington in 2004.  The plaintiffs alleged that FedEx Ground, a staffing agency and a multi-route contractor were joint employers under the Fair Labor Standards Act and Washington Minimum Wage Act.  In March 2005, the judge issued a summary judgment that FedEx Ground was the joint employer of the plaintiffs.  The case was settled in Sept 2005.  FedEx immedeiately appealed the summary judgment to the Ninth Circuit; the appeal is pending (USCA 05-36072).

Lester vs FedEx Ground Division | Ground | Class Action | Contractor Dispute | Federal Litigation | Michigan | |

This case was filed in U.S. District Court for Eastern Michigan in 2004.  This case is a member case of the FedEx Ground/Home Multi-District Litigation case.

Federal Regulation Docs (Archives)

Lucey et al Vs FedEx Ground Arbitration Clause | Federal Litigation | New Jersey | |

This case originated in Superior Court for New Jersey Burlington County in 2006.  FedEx was granted a removal order to U.S. District Court for New Jersey but was not granted a motion to move it into the multi-district litigation proceedings.  FedEx moved to compel arbitration and the plaintiffs opposed by claiming the arbitration clause of the FedEx Ground “Operating Agreement” was unconscionable.  In October 2007, the Judge ruled that the arbitration clause was both procedurally and substantially unconscionable.

Teamsters Local 671 and FedEx Home Division | Ground | NLRB | Teamsters | Unionization | Connecticut | |

Teamsters Local Union 671 filed a petition for an election at the FedEx Home Delivery Terminal in Windsor, CT in February 2007.  NLRB Region 34 Director Hoffman issued a decision that the single vehicle contractors were employees and eligible to vote in an election.  The vote was held on May 11 and ballots were counted on June 1.  The drivers voted 12 - 9 to join Local 671.  NLRB certification is pending.

Teamsters Local 804 and FedEx Ground Division | Ground | NLRB | Teamsters | Unionization | New York | |

This case stems from a petition for election filed with the National Labor Relations Board by Teamsters Local 804 in 2001 at a FedEx Ground facility in Maspeth, NY.  The NLRB Region 29 decided in May 2001 that the drivers were employees and not “contractors” as claimed by FedEx Ground.