Contractors or Employees

Discussion in 'The Archives' started by feederdude, Aug 17, 2004.

  1. feederdude

    feederdude Guest

    Ruling against Fred-Ex. This could be a huge windfall for us.
    With the contractors being considered employees, and the back pay for wages and supplies, ie..fuel,
    uniforms, maintance. Starting with Ca., hopefully the other states follow suit.
    O.K. boys and girls....can we get Fred Smith to say along with us.......I know you can...IBT. That's very good Fred, now go eat your lunch, because we are getting ready to kick your Ex.
    If the IBT focuses on these girlymen in blue, we will show them what we are made of.
    Patience always pays off.[​IMG]
    Feederdude
     
  2. upsdawg

    upsdawg Guest

    This has got to be a major stumbling block for Fed Ex-----it should start effecting their stock price!!

    This is something that has huge ramifications, and faced with stiff competition from DHL, could cause Fed Ex to look for a quick fix.....it's payback time for them!

    We can only hope that there is some type of organizing attempt from our Brotherhood in the near future.....like right before Christmas!!
     
  3. afups

    afups Guest

    "Right before Christmas" is now. It will not be long before the stores start getting their Christmas merchandise.

    I imagine appeals will be made just as far as they can take it. I think FDX will lose and their world will be changed forever.
     
  4. wkmac

    wkmac Guest

    As for this news effecting stock price? Press Release was issued 7/26/2004 and I got curious and searched Yahoo Stock news for FedEx and there in absolutely nothing on this. Are those guys good or just lucky?

    The bad is obvious in this deal for FedEx if it holds but like afups said appeals will be lenghty. It's positive (for UPS) and more importantly right now could have some effect with some contractors and FedEx concerning attitudes and relationships. We need to just sit back and let this thing run it's course. Old RPS had this challenged by IRS but this case has a new twist using State of California labor law. It is an election year and politicians can be bought and sold and with it laws changed. Put on a pot of coffee cause this one will be a long wait folks. JMO.
     
  5. jwert

    jwert Guest

    the date of the article is 2003 ??????????
     
  6. exportxxx

    exportxxx Guest

    We can only hope that there is some type of organizing attempt from our Brotherhood in the near future
    I am not totally up to date and current on all of my Labor Law, but.......
    The IBT will still be faced with the same problem though. If the "contractor" FedEx Ground employees are ruled to be regular, old FedEx employees, they will the be covered under the Railway Act, just like their "express" co-workers, thus making organizing them virtually impossible. Remember under the Railway Act the entire company has to be organized as a whole, all at once and nationwide,together at one time. Not entirely impossible, but pretty close to it.
     
  7. wkmac

    wkmac Guest

    jwert,
    Nice job. You are absolutely correct. WOW are we asleep at the wheel.

    As for organizing FedEx and the Railway Act, what is even more interesting is which way does UPS go on this. Strip FedEx from the Railway Act protections or push to have UPS included under the Railway Act. If UPS gets placed under the Railway Act they would benefit from some strike protections but FedEx would still benefit from protections against organizing efforts and probably remain nonunion but if striped from the Railway Act then the door is wide open to the IBT to organize which IMO is the course UPS should support. This situation would hit FedEx on the bottomline while also if FedEx remains at it's present strength after being organized by the IBT then this could be a benefit to the situations at many multi-employer pension funds and in some respect UPS itself. Again this thinking requires certains things to take place that in reality may not and it's not without other pitfalls longer term for UPS but just on the level of causal thinking I'd think removing FedEx from the Railway Act is the greater thing for UPS. JMO that may or maynot be correct at the end of the day.
     
  8. my2cents

    my2cents Guest

    Someone please correct me if I'm wrong, but aren't the Air Express drivers classified under the RLA, while these newly classified ground employees would fall under the National Labor Relations Act (NLRA)? Why else would FedEx classify these drivers as independent contractors, even if some of them were RPS contractors before they bought them out?
     
  9. glenn

    glenn Guest

    Why else would FedEx classify these drivers as independent contractors, even if some of them were RPS contractors before they bought them out?

    Because the intention was for them to be independent contractors. The contracts they signed (as I understand it) said the same.

    The court evidently believed that a segment of their workforce (single work area) were actually employees, mainly due to the amount of control FedEx has over their day and the way they do their job.

    Thats easy enough to fix. But before they fix it theyre going to be sure that everybody is on the same page and there arent going to be any issues after the fixing is over.

    The court seemed to pooh-pooh the idea of opening up the single work area folks to multi area contracts (the court ruled that the MWA people were independent contractors for sure) but that is exactly what is going on here. One guy in town owned three areas about 18 months ago and now owns 7 or so. But that may be a localized deal that isnt happening anywhere else. He seems to like the setup though.

    That particular man owns a half-dozen (or more) businesses locally. Everything from auto repair/gas stations, a towing service and impound lot, FedEx ground trucks/routes, a landscaping company, a hair salon that his daughters run, and at least one restaurant. In his case I think it is a make-work project for his extended family (because almost all the employees are related to him in some way and there are a LOT of them).
     
  10. rushfan

    rushfan Guest

    Will the brotherhood now organize fedex? As part of the dues increase we were told it would be used to organize fedex. I haven't heard a thing since.
     
  11. my2cents

    my2cents Guest

    Thanks for your insight Glenn. This issue is obviously more complex than the surface appearance. In any organizing attempt, no doubt what constitutes a potential "bargaining unit employee" would have to be specifically defined. If and when the IBT attempts to organize, it should be interesting to see how FedEx will respond. Even though FedEx is a competitor, I would hate see another Overnite situation unfold.
     
  12. bglyle

    bglyle Guest

    I'm a so called contractor. Fedex is in deep trouble. All the current and past contractors are looking into filing a major lawsuit. The word is spreading on our board and in our terminals. We are looking forward to this. From what we understand we will be able to have our trucks paid for and fuel or FDX will have to make us true contractors.

    Bill
     
  13. my2cents

    my2cents Guest

    Bill,

    Could you post a link to the FedEx board? Speaking for myself, I would be interested in reading what FedEx people are saying pro and con about this subject. It would help to broaden perspectives. BTW, are you aware of any FedEx version of the Brown Cafe? If yes, could you post that link as well? Thanks.
     
  14. wily_old_vet

    wily_old_vet Guest

  15. hr

    hr Guest

    FYI regarding the link to fedexaminer.com

    I have done some research about that web site and it is registered by a San Francisco lawyer, **** ********* {name removed by moderator}. My guess is that it is most likely a tool he is using to recruit clients for a class action law suit. He fails to disclose this information on the site and appeals to users to post a link to the site to help "spread the word". Rather deceptive if you ask me.
     
  16. hr

    hr Guest

    After reading through that web site a little more I did find a reference to the owner of the site:

    http://www.fedexaminer.com/

    Although this website is owned by an attorney you are not entitled to legal advice. You may get opinions and suggestions from law students or attorneys that are members if they respond to something you post but please remember they do not represent you and are only offering a FREE opinion unless you sign a retainer agreement. In extreme circumstances we may contact you privately if we have questions about something you post. Please contact the Admin Group (username Admin) by sending a PM (Private Message) if you experience legal issues from using this website.
     
  17. my2cents

    my2cents Guest

    Wow! Thanks guys. I'm going to check it out....
     
  18. wily_old_vet

    wily_old_vet Guest

    hr-been to the site several times. Mainly go to the forums and have seen no soliciting for lawsuits. The forums are like ours where people can voice their opinions. the main thing I've noticed is how little used it is compared to us. I found 4 references to the lawsuit and two of those were duplicates on different forums. I've found it one way to keep an eye on Fred. JMO!
     
  19. my2cents

    my2cents Guest

    Geez, you have to become a member just to view the threads. I'll pass on this site for the time being, but will keep it in mind.
     
  20. crappie

    crappie Guest

    Looks like Fed-Ex is doing good on wall street!!!