Teamsters Local 25 and FedEx Home

This NLRB case involved Teamsters Local Union 25 and a FedEx Home Delivery terminal in Wilmington, MA in 2006.  Teamsters Local Union 25 filed for an election with the National Labor Relations Board in Summer 2006.  The NLRB found that drivers are employees and are eligible to vote while multiple route contractors are statutory supervisors and not eligible to vote.

The ruling is the seventh time since 1988 that the NLRB has found drivers at FedEx Home Delivery are direct employees despite the company's assertion that they are "independent operators." First Region NLRB Director Rosemary Pye ruled that due to the control and restrictions enforced by FedEx on drivers in the Home Delivery division, they are employees within the meaning of the National Labor Relations Act. 

The NLRB certified the election result on June 18, 2007.  The NLRB certified Teamsters Local Union 25 as the collective bargaining representative for drivers at the two FedEx Home Delivery terminals in Wilmington, MA.

The company refused to bargain with the legal bargaining representative, Local 25.  The NLRB charged the company with failing to bargain under the NLRA in July 2007 and ordered the company to bargain.

On October 1, the company filed a petition for review of the NLRB ruling that the drivers are employees in the U.S. Court of Appeals D.C. Circuit.  The case is number 07-1391 and titled FedEx Home Delivery v National Labor Relations Board.