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FedEx Home wins round in Unionization efforts
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<blockquote data-quote="Dustyroads" data-source="post: 533447" data-attributes="member: 22610"><p>The "model" that Fed Ex uses in their ground operations is nothing new at all. It was borrowed from Roadway Package Service (RPS) from whom FedEx acquired its ground operations. That model was, in fact, not new. It was borrowed almost entirely by RPS from other small package companies that operated in the 1970's, two perfect examples are Exhibitors Film Delivery (EFD Express) and Merchants Delivery. All of these companies employed this model that said that contractors must deliver packages within a certain time frame, must use certain kinds of trucks, which must be labeled with certain logos and cannot be used for other purposes, that the drivers must wear certain uniforms and operate in a very specific fashion with regard to deliveries. This model was declared to be flawed by the National Labor Relations Board and the Internal Revenue Service as early as 1979, long before FedEx even was founded. This one decision rendered by a single appellate court does not change the scores of decisions that FedEx has lost before the IRS and state taxing jusrisdictions, as well as the standing decisions by the NLRB. This is, in fact, the only decision among many that FedEx has won. Obviously this decisioin will be subject to further judicial review. The determining factors in the "right to control" test include the establishment of work hours, the demand for exclusive use of equipment, the demand for uniformed drivers. These are the control tests that Federal and State agencies across the country use to make such a judgement. The entire "model" is carefully structured to avoid paying workers compensation, unemployment insurance, as well as prohibiting workers from organizing. Finally, before all of you guys in ties announce, "man, why didn't we think of that", please remember that every single national small package company that has employed the Independent Operator "model" has failed. EFD Express, Merchants Delivery, RPS, Airborne and DHL were all these types, and we see how successful they are. One cannot run a successful business when one choses to starve their employees, or non-employees as the managers would like to call them when it suits them. FedEx Ground will be no different than those that came before.</p></blockquote><p></p>
[QUOTE="Dustyroads, post: 533447, member: 22610"] The "model" that Fed Ex uses in their ground operations is nothing new at all. It was borrowed from Roadway Package Service (RPS) from whom FedEx acquired its ground operations. That model was, in fact, not new. It was borrowed almost entirely by RPS from other small package companies that operated in the 1970's, two perfect examples are Exhibitors Film Delivery (EFD Express) and Merchants Delivery. All of these companies employed this model that said that contractors must deliver packages within a certain time frame, must use certain kinds of trucks, which must be labeled with certain logos and cannot be used for other purposes, that the drivers must wear certain uniforms and operate in a very specific fashion with regard to deliveries. This model was declared to be flawed by the National Labor Relations Board and the Internal Revenue Service as early as 1979, long before FedEx even was founded. This one decision rendered by a single appellate court does not change the scores of decisions that FedEx has lost before the IRS and state taxing jusrisdictions, as well as the standing decisions by the NLRB. This is, in fact, the only decision among many that FedEx has won. Obviously this decisioin will be subject to further judicial review. The determining factors in the "right to control" test include the establishment of work hours, the demand for exclusive use of equipment, the demand for uniformed drivers. These are the control tests that Federal and State agencies across the country use to make such a judgement. The entire "model" is carefully structured to avoid paying workers compensation, unemployment insurance, as well as prohibiting workers from organizing. Finally, before all of you guys in ties announce, "man, why didn't we think of that", please remember that every single national small package company that has employed the Independent Operator "model" has failed. EFD Express, Merchants Delivery, RPS, Airborne and DHL were all these types, and we see how successful they are. One cannot run a successful business when one choses to starve their employees, or non-employees as the managers would like to call them when it suits them. FedEx Ground will be no different than those that came before. [/QUOTE]
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