FedEx contractor revolt?

[bbsam]

This is a prime example about the lack of due process. If the police report absolved the contractor employed driver of fault and or liability and the other driver was at fault for running into the back of the contractor's van it should be a closed matter. Then again because the contractor has no access to due process X is now free to withhold settlement dollars that it would not otherwise be legally entitled to do. And as contractors have over time put more and more dollars at risk their contractual barrier to due process becomes an even larger source of contractor grievance.

Once again....nothing's binding!. That should have been the foremost guidepost contractors used to decide their course of action.

Your grade school law understanding is tripping over your desired outcome.

Therefore, allow my seventh grade law understanding to school you…again.

It’s simply another indication that the contract is unconscionable and my guess is that will become more and more clear as Patton’s case works it’s way through the court.

 

[Fred's Myth]

This is a prime example about the lack of due process. If the police report absolved the contractor employed driver of fault and or liability and the other driver was at fault for running into the back of the contractor's van it should be a closed matter. Then again because the contractor has no access to due process X is now free to withhold settlement dollars that it would not otherwise be legally entitled to do. And as contractors have over time put more and more dollars at risk their contractual barrier to due process becomes an even larger source of contractor grievance.

Once again....nothing's binding!. That should have been the foremost guidepost contractors used to decide their course of action.

There's more to it than just being struck from behind. Not enough evidence given for you, or me, to determine.

The Difference between Fault and Preventability in a Crash

What's the difference between fault and preventability in a crash? The two terms are often confused.

blog.gwccnet.com

 

[bacha29]

Your grade school law understanding is tripping over your desired outcome.

Therefore, allow my seventh grade law understanding to school you…again.

It’s simply another indication that the contract is unconscionable and my guess is that will become more and more clear as Patton’s case works it’s way through the court.

And just exactly what makes it "unconscionable"? It's the lack of due process. And one that at least on the surface appears to be willful obstruction on the part of FDX. So you tell me just what factors have made a contract whose basic terms have not changed in nearly 40 years suddenly "unconscionable"?

 

[It will be fine]

And just exactly what makes it "unconscionable"? It's the lack of due process. And one that at least on the surface appears to be willful obstruction on the part of FDX. So you tell me just what factors have made a contract whose basic terms have not changed in nearly 40 years suddenly "unconscionable"?

The old IC contract was deemed unconscionable. It’s one of the reasons they moved to ISP. The current contract hasn’t been challenged as much yet. The constant changes and lack of profitability make that challenge more likely. I’ve no doubt there are plenty of lawsuits working their way through court about the current contract.

 

[bbsam]

And just exactly what makes it "unconscionable"? It's the lack of due process. And one that at least on the surface appears to be willful obstruction on the part of FDX. So you tell me just what factors have made a contract whose basic terms have not changed in nearly 40 years suddenly "unconscionable"?

Now you’re just doubling down on stupid. How does “due process” enter into contract law? Every time I’ve heard of “due process” it’s pertained to criminal complaints and not even pertinent to civil allegations.

What has changed in 40 years? Two things that matter. The juice ain’t worth the squeeze anymore for a far larger number of contractors. More importantly than that is that when FedEx sued Patton, it set the table for a deep legal analysis that would have been far more difficult for disaffected contractors to bring about.

If you think the FedEx/contractor relationship is as it has always been, you haven’t been paying attention for the past year.

 

[bacha29]

There's more to it than just being struck from behind. Not enough evidence given for you, or me, to determine.

The Difference between Fault and Preventability in a Crash

What's the difference between fault and preventability in a crash? The two terms are often confused.

blog.gwccnet.com

Comes back to the same fact. FDX reserves the right to unilaterally deem an accident "preventable" regardless of whether or not the police report and other factors hold the contractor employed driver harmless and not at fault. Furthermore can FDX make that determination in a independent and unbiased manner when it stands to realize economic benefit if it unilaterally decides to rule accident preventable? Once again it comes down to the treacherous and deceitful nature of the contract itself. But for some reason the contract has somehow survived all these decades.

 

[bbsam]

Comes back to the same fact. FDX reserves the right to unilaterally deem an accident "preventable" regardless of whether or not the police report and other factors hold the contractor employed driver harmless and not at fault. Furthermore can FDX make that determination in a independent and unbiased manner when it stands to realize economic benefit if it unilaterally decides to rule accident preventable? Once again it comes down to the treacherous and deceitful nature of the contract itself. But for some reason the contract has somehow survived all these decades.

FedEx doesn’t make that determination. They use an outside vendor.

Is that vendor honest, trustworthy, and independent? I have my very serious doubts. But you should at least understand the structure before making comments that clearly illuminate a lack so understanding.

 

[bacha29]

The old IC contract was deemed unconscionable. It’s one of the reasons they moved to ISP. The current contract hasn’t been challenged as much yet. The constant changes and lack of profitability make that challenge more likely. I’ve no doubt there are plenty of lawsuits working their way through court about the current contract.

The economic reality and terms are still there. You still exclusively haul FDX labeled freight under FDX DOT rights in FDX branded vehicles under FDX command and control. The IC contract may have been deemed unconscionable . So what do they do? Create another contract put contractors under a new name with different letters but still under the same basic terms.

 

[bacha29]

FedEx doesn’t make that determination. They use an outside vendor.

Is that vendor honest, trustworthy, and independent? I have my very serious doubts. But you should at least understand the structure before making comments that clearly illuminate a lack so understanding.

And was the selection of that outside vendor somebody that company and contractor mutually agreed upon and to share in the costs of that service in order to better insure a truly independent decision?

 

[bbsam]

And was the selection of that outside vendor somebody that company and contractor mutually agreed upon and to share in the costs of that service in order to better insure a truly independent decision?

No. I think I said that.

Then again, you had no idea there was a third party involved, did you?

 

[bacha29]

No. I think I said that.

Then again, you had no idea there was a third party involved, did you?

You mentioned the use of one but you didn't say whether or not the selection of that vendor as well as payment terms was something that was mutually agreed upon. These are the finite but very important provisions of a REAL negotiated contract.

Then again by your own admission you're simply hoping that time and future events will again create an opportunity for you to get out under terms that are well', let's put it this way the most favorable departure terms have passed you by but terms that you won't hate yourself for having to accept.

 

[Fred's Myth]

Now you’re just doubling down on stupid. How does “due process” enter into contract law? Every time I’ve heard of “due process” it’s pertained to criminal complaints and not even pertinent to civil allegations.

What has changed in 40 years? Two things that matter. The juice ain’t worth the squeeze anymore for a far larger number of contractors. More importantly than that is that when FedEx sued Patton, it set the table for a deep legal analysis that would have been far more difficult for disaffected contractors to bring about.

If you think the FedEx/contractor relationship is as it has always been, you haven’t been paying attention for the past year.

due process of law. n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. Legal Dictionary - Law.com.

 

[bbsam]

due process of law. n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. Legal Dictionary - Law.com.

Well there you go then. Apparently I was wrong. Still not sure what “due process” is violated unless and until the contract is found unconscionable.

 

[bbsam]

You mentioned the use of one but you didn't say whether or not the selection of that vendor as well as payment terms was something that was mutually agreed upon. These are the finite but very important provisions of a REAL negotiated contract.

Then again by your own admission you're simply hoping that time and future events will again create an opportunity for you to get out under terms that are well', let's put it this way the most favorable departure terms have passed you by but terms that you won't hate yourself for having to accept.

I’m unconcerned about my future. Doing ok now and married into a formidable inheritance.

 

[Spam]

And that’s exactly why Amazon emulated a failing system, right?

Wait. Isn’t Amazon making it work, somehow???

Amazon is struggling, brand new massive distribution center sitting empty in my town.

 

[Fred's Myth]

Amazon is struggling, brand new massive distribution center sitting empty in my town.

An empty warehouse isn't the equivalent of struggling. Struggling would be a distribution center unable to deliver its product.

 

[NC man]

Talked to Ground mgr today,he was running a route because five drivers had quit this week, also said one contractor at his station had said screw it and walked away from his contract. He said several contractor could barely make payroll with what a Fed is offering.

 

[bbsam]

R

Talked to Ground mgr today,he was running a route because five drivers had quit this week, also said one contractor at his station had said screw it and walked away from his contract. He said several contractor could barely make payroll with what a Fed is offering.

Raj says they’re confident of their contingency plans. I’m sure they’ll be just fine.

 

[purplelife]

Sounds like a great indicator heading into peak, already struggling.

According to data from logistics research firm Ship Matrix, September e-commerce volume was 3-5% higher year over year. During the month, FedEx had an approximately 93% on time delivery rate compared to 97% for rival UPS. A delivery rate below 95% generally signals network inefficiencies that can lower margin performance, a key metric for transports.

 

[bacha29]

Talked to Ground mgr today,he was running a route because five drivers had quit this week, also said one contractor at his station had said screw it and walked away from his contract. He said several contractor could barely make payroll with what a Fed is offering.

That poor manager. The poor guy was embarking upon a whole new life experience....it's called work. Having never been around the stuff before I bet he really struggled to cope with it.