Revisiting the Legal Concept of "Independent Contractor"

Cactus

Just telling it like it is
What's keeping the union out? I'm sure that drivers are free to unionize and bargain with their employers. Hell, even Ground employees can start a union drive. They did it in Brockton MA but the union abandoned them at the last minute.
And I'm sure those guys lost their jobs for that which is illegal by the way. Ever heard of union busters? Well Fred's got a lot of henchmen who get paid to do such a thing. What a bunch of thugs. Wake up!
 

CJinx

Well-Known Member
And I'm sure those guys lost their jobs for that which is illegal by the way. Ever heard of union busters? Well Fred's got a lot of henchmen who get paid to do such a thing. What a bunch of thugs. Wake up!
I'm sure there were a lot of anti-union propaganda and personnel on hand. Fact remains that the union would rather let their prospects swing in the wind rather than risk losing a vote.
As for terminations; I don't know. I wasn't there. All I can say is that if turnover was high after the union abandoned potential new members, it wouldn't surprise me because package handler turnover is high all the time.
 

bbsam

Moderator
Staff member
Sure. How much leeway do contractors have in their operations and in their relationship with FedEx? It's always been Fred's way or the highway. They absolutely are employees, and so are the drivers that work for them. The contract itself is evidence of the degree of control FedEx exerts. The recent RFI is even stronger evidence. FedEx wants control over the outcomes, and exerts control over the contractors and drivers in an employer/employee relationship. The harder they push, the stronger the case for the NLRB definition.
You are making Fred's case for him. You say, "Fred wants control over the outcome.". He is entirely free to have that control. What he cannot do is dictate how that outcome is reached. If I average 800 stops a day and the goal is set at 99%, Fred doesn't get to say whether I do it with a team of 6 drivers working 12 hours or 10 working 8 hours. Of course there are Federal, state, and local laws that must be adhered to by both Fred and contractors, but that goes for all companies. But why would FedEx continue a relationship with contractors who have high turnover, poor service, sub-par safety records, etc.? Do you call that "control"?

You often talk about Fred's money corrupting politicians. Ok. But this is the world we live in. You may as well say that if it weren't for gerrymandering, we'd live in a very different country. Even though both statements could be very true, they aren't going to change. Courts hold up gerrymandering because politicians want them to and politicians uphold the purposely vague wording of the IC statute because businesses (not just Fred) want them to.
 

MrFedEx

Engorged Member
You are making Fred's case for him. You say, "Fred wants control over the outcome.". He is entirely free to have that control. What he cannot do is dictate how that outcome is reached. If I average 800 stops a day and the goal is set at 99%, Fred doesn't get to say whether I do it with a team of 6 drivers working 12 hours or 10 working 8 hours. Of course there are Federal, state, and local laws that must be adhered to by both Fred and contractors, but that goes for all companies. But why would FedEx continue a relationship with contractors who have high turnover, poor service, sub-par safety records, etc.? Do you call that "control"?

You often talk about Fred's money corrupting politicians. Ok. But this is the world we live in. You may as well say that if it weren't for gerrymandering, we'd live in a very different country. Even though both statements could be very true, they aren't going to change. Courts hold up gerrymandering because politicians want them to and politicians uphold the purposely vague wording of the IC statute because businesses (not just Fred) want them to.

Sorry, Sammy, but Fred runs you, not the other way around.
 

oldrps

Well-Known Member
If FedEx dictates what the contractors are supposed to do then why do they have tattoos, just got out of prison, bulkhead doors open, no uniforms, run their vehicles at stops, throw packages, drive like maniacs, (insert your own Ground observations).

This doesn't sound like direction and control that makes them employees. These examples support the definition of contractor. The Express members of this board constantly state that Express employees would be fired for these offenses, yet this is not the case at Ground.
 

bbsam

Moderator
Staff member
As a matter of fact, MFE, I'd be interested in reading a full dissertation on contractor regulations and subsequent court challenges and rulings. I'd love to hear why you agree or disagree with each case and how cases outside the scope of Fedex either do or don't have relevance to the state of things at Ground. We all know you don't like it and think it's a scam. Put together the legal argument that Fedex Watch was never able to make.
 

MrFedEx

Engorged Member
If FedEx dictates what the contractors are supposed to do then why do they have tattoos, just got out of prison, bulkhead doors open, no uniforms, run their vehicles at stops, throw packages, drive like maniacs, (insert your own Ground observations).

This doesn't sound like direction and control that makes them employees. These examples support the definition of contractor. The Express members of this board constantly state that Express employees would be fired for these offenses, yet this is not the case at Ground.

What happens when packages don't get delivered? Whose trailers do Ground tractors pull? Do drivers get to show up for work at any time they choose? Who runs the show at Ground terminals? It's all a big show, and you know it.
 

MrFedEx

Engorged Member
As a matter of fact, MFE, I'd be interested in reading a full dissertation on contractor regulations and subsequent court challenges and rulings. I'd love to hear why you agree or disagree with each case and how cases outside the scope of Fedex either do or don't have relevance to the state of things at Ground. We all know you don't like it and think it's a scam. Put together the legal argument that Fedex Watch was never able to make.

List them out for me, and I'll take it on, Sammy.
 

oldrps

Well-Known Member
How can you state they are not contractors if you have not read and understood the contract. I no longer have a copy of the contract, ask bbsam if he can get a copy. I am no longer at Ground, but I used to know the contract very well. If you get a copy, then get with a lawyer and go over it before making comments about it on a forum board. If you feel parts of it are not legal, specify which part of the contract is illegal, otherwise leave it to the lawyers and the legal system.
 

bbsam

Moderator
Staff member
MFE has stated many times that I don't understand Express and therefore shouldn't comment on it. For the most part I don't comment on the in er workings except to say that I think my drivers could do fine at it. MFE on the other hand insist on playing Perry Mason for the downtrodden.
 

HomeDelivery

Well-Known Member
What happens when packages don't get delivered? Whose trailers do Ground tractors pull? Do drivers get to show up for work at any time they choose? Who runs the show at Ground terminals? It's all a big show, and you know it.

management doesn't really care about a driver's start time in HD, but it does help to come in early so you can sort/load/flex stops from one route to the other/ adjust for someone who wants an early day, etc... Ground has to come in early enough because they do more B2B stops, where some businesses have banker's hours & more timed pickups... so i guess they're more controlled in terms of start times?!?

contractors, well the good ones, are very flexible w/ their crew & i've seen a few of them that changes things on the fly when one of their own drivers calls out sick

like sam said in an earlier post ~ they don't really care if he runs his area w/ 6 drivers working 12 hour shifts or 10 drivers working 8 hour shifts... as long as his service area is covered.


the only things that management has a hand in with the drivers are the proper P&D procedures & making sure the vehicles are DOT compliant (lights working? tires in spec?) ~ other than that, i just walk in & do my own thing

i've seen some come in as late as NOON to start their day <shrugs> one is a runner-gunner & has a sweet route that he can knock out by 1900
 
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