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NLRB "Operational Freedom" Guidelines 2019
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<blockquote data-quote="dmac1" data-source="post: 3937666" data-attributes="member: 60252"><p>But fedex IS in the delivery business. Ever since fedex was created, fedex has been delivering packages. Creating (or buying) a different division (Ground/RPS) doesn't eliminate that fact. Buying a company because it uses 'contractors' didn't eliminate express employees, and in fact, it was questioned whether even RPS 'contractors' should have been called employees.</p><p></p><p>Fedex ground straddles both sides INTENTIONALLY knowing how long any litigation would take, and knowing that even if they eventually lose, they will have made more money by skirting the rules. </p><p></p><p>As I said before, with fedex having the clear intent to make part of an ISP who MUST have multiple routes, it is really a moot point whether drivers are employees. We already know that drivers are employees under the ISP model, we know the ISP model is going to be national, and we know that fedex intends to prohibit ISPs from driving unless they create a corporate structure where even the ISP is an employee of the ISP corporation if he wants to drive. With fedex liberalizing sales of areas, there IS entrepreneurial opportunity for the ISP, at least on paper. The restrictions on an ISP possibly selling off all but one route, and driving it himself will be rare, and thus not even a case to consider. The NLRB might find that one driver to be an employee, but it would not apply across the board.</p><p></p><p>The ONLY real issue in the future is whether fedex is a co-employer, which would help unionization, and whether the unions will target ISPs with enough drivers to make it worth a unionization drive.</p><p></p><p>And the NLRB just reversed a decision or maybe just made it harder for a corporation to be named as a co-employer of their franchisees. Whether some decision would be made that an ISP is really a franchisee and subject to those rules, or is some other type of business relationship will maybe determine whether ISP drivers are employers or co-employers or maybe even if the ISP relationship is some form of employment. </p><p></p><p>But there is NO question that the drivers are, or will very soon ALL be employees, so ANY rulings by the NLRB, or in court regarding what happened in the past are irrelevant in discussions on the future of fedex.</p></blockquote><p></p>
[QUOTE="dmac1, post: 3937666, member: 60252"] But fedex IS in the delivery business. Ever since fedex was created, fedex has been delivering packages. Creating (or buying) a different division (Ground/RPS) doesn't eliminate that fact. Buying a company because it uses 'contractors' didn't eliminate express employees, and in fact, it was questioned whether even RPS 'contractors' should have been called employees. Fedex ground straddles both sides INTENTIONALLY knowing how long any litigation would take, and knowing that even if they eventually lose, they will have made more money by skirting the rules. As I said before, with fedex having the clear intent to make part of an ISP who MUST have multiple routes, it is really a moot point whether drivers are employees. We already know that drivers are employees under the ISP model, we know the ISP model is going to be national, and we know that fedex intends to prohibit ISPs from driving unless they create a corporate structure where even the ISP is an employee of the ISP corporation if he wants to drive. With fedex liberalizing sales of areas, there IS entrepreneurial opportunity for the ISP, at least on paper. The restrictions on an ISP possibly selling off all but one route, and driving it himself will be rare, and thus not even a case to consider. The NLRB might find that one driver to be an employee, but it would not apply across the board. The ONLY real issue in the future is whether fedex is a co-employer, which would help unionization, and whether the unions will target ISPs with enough drivers to make it worth a unionization drive. And the NLRB just reversed a decision or maybe just made it harder for a corporation to be named as a co-employer of their franchisees. Whether some decision would be made that an ISP is really a franchisee and subject to those rules, or is some other type of business relationship will maybe determine whether ISP drivers are employers or co-employers or maybe even if the ISP relationship is some form of employment. But there is NO question that the drivers are, or will very soon ALL be employees, so ANY rulings by the NLRB, or in court regarding what happened in the past are irrelevant in discussions on the future of fedex. [/QUOTE]
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