Revisiting the Legal Concept of "Independent Contractor"

[MrFedEx]

Here is the NLRB definition of an independent contractor. "An independent contractor is a person working as a separate business entity; these individuals are not subject to the direction and control of an employer." Further, " The NLRB looks to the degree of control and direction exercised by the firm over the worker to determine whether the worker is an employee or an independent contractor".

Sounds to me like the NLRB needs to take another look at Ground...without Fred's money and political affiliations clouding their vision.

 

[STFXG]

Yawn


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[Cactus]

We know it's all a bunch of BS but bbsam will be here to say otherwise and attempt to cloud our vision even further.

Any minute now.

 

[MrFedEx]

Yawn


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Of course it's a "derail" for you. I'm saying something you don't want to hear. In other words, any threat to Fred's Golden Goose has the potential to screw-up your Silver Goose. It's illegal, and eventually, you're going to be screwed when Fred hits the wall. And he will.

 

[MrFedEx]

We know it's all a bunch of BS but bbsam will be here to say otherwise and attempt to cloud our vision even further.

Any minute now.

Sammy has gone shill. It's pretty obvious.

 

[Cactus]

Sammy has gone shill. It's pretty obvious.

Exactly. Him and Dano have been detailing Fred's limo this afternoon.

 

[MrFedEx]

Exactly. Him and Dano have been detailing Fred's limo this afternoon.

I wonder what they promised him? Hope he doesn't burn through the paint with the knob polisher.

 

[MAKAVELI]

I wonder what they promised him? Hope he doesn't burn through the paint with the knob polisher.

Maybe use of MT3's jet.

 

[CJinx]

We have several ISPs who will browbeat management with the terms of their contracts at any given moment; try telling them that they are employees. I can ask them to do something and if it's outside the terms of the agreement, they're liable to tell me off.

Not that this issue hasn't been beaten to death several times over in the court systems as well as campaigns from rival delivery companies... not that that matters in the court of MFE and his fellow curmudgeons.

 

[Goldilocks]

They are all corrupt. Rotten to the core.

 

[STFXG]

They are all corrupt. Rotten to the core.

Corrupt - having or showing a willingness to act dishonestly in return for money or personal gain.

Please give examples of our dishonesty. If anything, we are the most honest on here. Saying it like it is.


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[MrFedEx]

Corrupt - having or showing a willingness to act dishonestly in return for money or personal gain.

Please give examples of our dishonesty. If anything, we are the most honest on here. Saying it like it is.


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That's right. You're extremely honest about your dishonesty.

 

[prodriver]

If Cactus,MFE,SPh,and Goldilocks were contractors they could all make hella arguments for the ground model. But because y'all despise it doesn't make it illegal.

 

[Cactus]

We have several ISPs who will browbeat management with the terms of their contracts at any given moment; try telling them that they are employees. I can ask them to do something and if it's outside the terms of the agreement, they're liable to tell me off.

Not that this issue hasn't been beaten to death several times over in the court systems as well as campaigns from rival delivery companies... not that that matters in the court of MFE and his fellow curmudgeons.

How about if we take Fred's money out of the equation and see how far this scam gets in the courts, shall we?

 

[MrFedEx]

We have several ISPs who will browbeat management with the terms of their contracts at any given moment; try telling them that they are employees. I can ask them to do something and if it's outside the terms of the agreement, they're liable to tell me off.

Not that this issue hasn't been beaten to death several times over in the court systems as well as campaigns from rival delivery companies... not that that matters in the court of MFE and his fellow curmudgeons.

Sure. How much leeway do contractors have in their operations and in their relationship with FedEx? It's always been Fred's way or the highway. They absolutely are employees, and so are the drivers that work for them. The contract itself is evidence of the degree of control FedEx exerts. The recent RFI is even stronger evidence. FedEx wants control over the outcomes, and exerts control over the contractors and drivers in an employer/employee relationship. The harder they push, the stronger the case for the NLRB definition.

 

[MrFedEx]

If Cactus,MFE,SPh,and Goldilocks were contractors they could all make hella arguments for the ground model. But because y'all despise it doesn't make it illegal.

It isn't illegal because Fred paid-off the right people...but it should be. Read the NLRB definition, and then defend it (Ground).

 

[prodriver]

What's the difference between ground and Sears,Lowes, or Home Depot? Electricians, plumbers, and builders all have to follow codes in cities or certain subdivisions-are they still contractors, because they have to follow guidelines?

 

[CJinx]

Does Fedex exert control over it's contractors? Sure. The same control that you might exert over a contractor that you have build an addition to your home. Chances are you know exactly what you want and the manner you want it done, so you put those terms in the contract. Does that make the contractor an employee? No.

This is the same thing just on a much grander scale.

 

[Cactus]

What's the difference between ground and Sears,Lowes, or Home Depot? Electricians, plumbers, and builders all have to follow codes in cities or certain subdivisions-are they still contractors, because they have to follow guidelines?

Does Fedex exert control over it's contractors? Sure. The same control that you might exert over a contractor that you have build an addition to your home. Chances are you know exactly what you want and the manner you want it done, so you put those terms in the contract. Does that make the contractor an employee? No.

You're missing the big picture here. The ISP model exists for one purpose and one purpose only and that's to keep the union out.

 

[CJinx]

You're missing the big picture here. The ISP model exists for one purpose and one purpose only and that's to keep the union out.

What's keeping the union out? I'm sure that drivers are free to unionize and bargain with their employers. Hell, even Ground employees can start a union drive. They did it in Brockton MA but the union abandoned them at the last minute.