Roadway Package System Inc.

326 N.L.R.B. 842 (1998)

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Roadway Package System Inc.

National Labor Relations Board
326 N.L.R.B. 842 (1998)

  • Written by Tammy Boggs, JD

Facts

Roadway Package System Inc. (Roadway) (defendant) operated a nationwide pickup and delivery system for small packages, comprising hundreds of terminals and around 5,000 drivers. At two of the terminals, the drivers (plaintiffs) owned or leased vans to perform their delivery work for Roadway. The vans were specially configured and bore the Roadway name, logo, and colors. Under an agreement, the drivers were granted a specified service area and required to follow procedures that made it difficult, though technically possible, to use their Roadway-logoed vehicles for another commercial purpose. Roadway substantially assisted the drivers in obtaining and maintaining the vehicles. Roadway further held new-driver orientation meetings for those unfamiliar with its system. Roadway unilaterally set the drivers’ rates of compensation and rates charged to customers. The National Labor Relations Board (the board) was called on to decide whether the drivers were employees who could collectively bargain under the National Labor Relations Act or, rather, independent contractors.

Rule of Law

Issue

Holding and Reasoning (No information provided)

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