FedEx Home Delivery v. National Labor Relations Board
United States Court of Appeals for the District of Columbia Circuit
563 F.3d 492 (2009)
FedEx Ground Package System, Incorporated (FedEx) (plaintiff) operated the FedEx Home Delivery program. The drivers at the two FedEx terminals in Wilmington, Massachusetts, each voted for the International Brotherhood of Teamsters, Local Union 25 to serve as their collective-bargaining representative. FedEx refused to bargain with the union, claiming that the drivers the union represented were not employees. The drivers were referred to as contractors in FedEx’s standard contractor operating agreement. The drivers were given routes by FedEx in exchange for agreements to service the routes. Drivers could be given multiple routes. The routes could be transferred to other qualified drivers for money. FedEx required the drivers to wear a uniform and adhere to certain performance and appearance standards, but it gave them wide latitude in exactly how to service their routes. The drivers provided their own vehicles. They were also free to hire helpers or substitute drivers, which was a necessity for servicers of multiple routes. They were free to use their vehicles for other work, but never while servicing a FedEx route. The National Labor Relations Board (the board) determined that FedEx committed an unfair labor practice in refusing to bargain with the union. FedEx appealed the board’s determination.
Rule of Law
Holding and Reasoning (Brown, J.)
Dissent (Garland, J.)
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