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NLRB "Operational Freedom" Guidelines 2019
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<blockquote data-quote="dmac1" data-source="post: 3936208" data-attributes="member: 60252"><p>You seem to be mixing up the driver and the ISP. The ISP isn't required to wear uniforms, and the logos/uniforms/etc are 'optional' for the driver based on what the ISP tells them to do. And it may already be part of the contracts that ISPs have that fedex pays them to use fedex logos or uniforms, making it 'voluntary' on paper. </p><p></p><p> Granted, any one who owns and drives may still be easily determined to be an employee, if you mean another ten years of litigation is easy. The ISP makes it more of a practical issue than a strictly leagal issue. There are so many fewer ISPs that it will be hard to get an attorney to even consider filing a lawsuit, considering the limited class number, the length of time a suit would take, and the limited damages. </p><p></p><p>From a practical matter, fedex has made it safe for them to violate labor laws. </p><p></p><p>The model will only fall apart if/when drivers hired by ISPs get disgruntled in large enough number to make a class action suit attractive to lawyers. It seems likely that any lawsuit against ISPs by drivers will include fedex as co-employers. I would bet that fedex has already paid claims against ISPs whose drivers may have caused injury or property damage.</p><p></p><p>Amazon may have some issue hiring managers as contractors more openly. But Amazon is not actually in the delivery business like fedex is, so they have that going for them. But again, even with Amazon requiring purchase of Amazon vans, etc, and all the 'assistance' they give the ADP, there are so few ADPs that it makes a class action unlikely. If someone only invests $10,000 to get started, how much would potential damages be? Money is what moves 'justice' and I don't see enough money in it for the question to ever come up before the NLRB without a years long battle. </p><p></p><p>Unless the teamsters get to actively trying to unionize both ADP drivers and ISP drivers, neither fedex nor Amazon need to be very worried. And both have plenty of money to slow things to a crawl, and to make it expensive to challenge them. And at this point, the ISP has too much to lose to put up any argument. After all, fedex doesn't 'sell' the business opportunity like Amazon does, even with the relatively low entry price for an ADP.</p></blockquote><p></p>
[QUOTE="dmac1, post: 3936208, member: 60252"] You seem to be mixing up the driver and the ISP. The ISP isn't required to wear uniforms, and the logos/uniforms/etc are 'optional' for the driver based on what the ISP tells them to do. And it may already be part of the contracts that ISPs have that fedex pays them to use fedex logos or uniforms, making it 'voluntary' on paper. Granted, any one who owns and drives may still be easily determined to be an employee, if you mean another ten years of litigation is easy. The ISP makes it more of a practical issue than a strictly leagal issue. There are so many fewer ISPs that it will be hard to get an attorney to even consider filing a lawsuit, considering the limited class number, the length of time a suit would take, and the limited damages. From a practical matter, fedex has made it safe for them to violate labor laws. The model will only fall apart if/when drivers hired by ISPs get disgruntled in large enough number to make a class action suit attractive to lawyers. It seems likely that any lawsuit against ISPs by drivers will include fedex as co-employers. I would bet that fedex has already paid claims against ISPs whose drivers may have caused injury or property damage. Amazon may have some issue hiring managers as contractors more openly. But Amazon is not actually in the delivery business like fedex is, so they have that going for them. But again, even with Amazon requiring purchase of Amazon vans, etc, and all the 'assistance' they give the ADP, there are so few ADPs that it makes a class action unlikely. If someone only invests $10,000 to get started, how much would potential damages be? Money is what moves 'justice' and I don't see enough money in it for the question to ever come up before the NLRB without a years long battle. Unless the teamsters get to actively trying to unionize both ADP drivers and ISP drivers, neither fedex nor Amazon need to be very worried. And both have plenty of money to slow things to a crawl, and to make it expensive to challenge them. And at this point, the ISP has too much to lose to put up any argument. After all, fedex doesn't 'sell' the business opportunity like Amazon does, even with the relatively low entry price for an ADP. [/QUOTE]
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