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FedEx Home wins round in Unionization efforts
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<blockquote data-quote="705red" data-source="post: 532488" data-attributes="member: 5229"><p>The following is a statement by hall, Teamsters</p><p>> International Vice </p><p>> President and Director of the Teamsters Package Division,</p><p>> regarding yesterday's </p><p>> decision on FedEx Home by the U.S. Court of Appeals for the</p><p>> District of </p><p>> Columbia: </p><p>> "We are disappointed in the court's decision to</p><p>> deprive FedEx drivers of the </p><p>> right to form unions and bargain for better working</p><p>> conditions and wages, </p><p>> leaving them at the mercy of this notoriously anti-worker</p><p>> company run by a </p><p>> member of the Forbes 2008 Billionaires Club. We are</p><p>> confident that the decision </p><p>> will not survive review by the full court or by the U.S.</p><p>> Supreme Court. </p><p>> "The Teamsters' fight on behalf of these workers</p><p>> will not stop. We remain </p><p>> committed to those FedEx drivers who have sought the</p><p>> protection of a legitimate </p><p>> collective bargaining agreement to improve their lives. </p><p>> "The facts remain: More than 30 states continue</p><p>> administrative and tax </p><p>> reviews of the employee status of FedEx Home drivers. The</p><p>> IRS is examining the </p><p>> company's tax classification for 2002, 2004, 2005 and</p><p>> 2006, and the federal </p><p>> courts are still hearing the national and state claim</p><p>> lawsuits. </p><p>> "The National Labor Relations Board has primary</p><p>> authority to determine </p><p>> whether workers are properly classified as employees or</p><p>> independent contractors, </p><p>> and reviewing courts are required to defer to the</p><p>> board's justifiable findings. </p><p>> In yesterday's decision, the majority of the court</p><p>> chose to ignore its legal </p><p>> obligation to defer judgment to the NLRB, disregarding</p><p>> detailed findings. </p><p>> "Since 1968, the Supreme Court has consistently</p><p>> instructed the NLRB to use a </p><p>> common-law test to determine employee status, which led to</p><p>> the finding that the </p><p>> drivers are employees. The court majority disregarded</p><p>> virtually all of these </p><p>> factors required by the Supreme Court in favor of an</p><p>> evaluation on whether the </p><p>> drivers had 'potential entrepreneurial</p><p>> opportunities.' As noted by the </p><p>> dissenting judge, the majority failed to apply the proper</p><p>> standard for </p><p>> determining employment status. </p><p>> "The reality of the workplace, as found by the</p><p>> NLRB's reasoned decision, is </p><p>> that FedEx clearly controls the daily existence of the</p><p>> driver. Yet they are </p><p>> without the legal protections and benefits of</p><p>> employees." </p><p>> SOURCE International Brotherhood of Teamsters</p><p>> <a href="http://www.teamster.org" target="_blank">http://www.teamster.org</a></p></blockquote><p></p>
[QUOTE="705red, post: 532488, member: 5229"] The following is a statement by hall, Teamsters > International Vice > President and Director of the Teamsters Package Division, > regarding yesterday's > decision on FedEx Home by the U.S. Court of Appeals for the > District of > Columbia: > "We are disappointed in the court's decision to > deprive FedEx drivers of the > right to form unions and bargain for better working > conditions and wages, > leaving them at the mercy of this notoriously anti-worker > company run by a > member of the Forbes 2008 Billionaires Club. We are > confident that the decision > will not survive review by the full court or by the U.S. > Supreme Court. > "The Teamsters' fight on behalf of these workers > will not stop. We remain > committed to those FedEx drivers who have sought the > protection of a legitimate > collective bargaining agreement to improve their lives. > "The facts remain: More than 30 states continue > administrative and tax > reviews of the employee status of FedEx Home drivers. The > IRS is examining the > company's tax classification for 2002, 2004, 2005 and > 2006, and the federal > courts are still hearing the national and state claim > lawsuits. > "The National Labor Relations Board has primary > authority to determine > whether workers are properly classified as employees or > independent contractors, > and reviewing courts are required to defer to the > board's justifiable findings. > In yesterday's decision, the majority of the court > chose to ignore its legal > obligation to defer judgment to the NLRB, disregarding > detailed findings. > "Since 1968, the Supreme Court has consistently > instructed the NLRB to use a > common-law test to determine employee status, which led to > the finding that the > drivers are employees. The court majority disregarded > virtually all of these > factors required by the Supreme Court in favor of an > evaluation on whether the > drivers had 'potential entrepreneurial > opportunities.' As noted by the > dissenting judge, the majority failed to apply the proper > standard for > determining employment status. > "The reality of the workplace, as found by the > NLRB's reasoned decision, is > that FedEx clearly controls the daily existence of the > driver. Yet they are > without the legal protections and benefits of > employees." > SOURCE International Brotherhood of Teamsters > [url]http://www.teamster.org[/url] [/QUOTE]
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