FedEx victory involves drivers
By Martin Luttrell Worcester Telegram & Gazette
Wednesday, January 30, 2008
Northboro- Teamsters Local 170, which accused FedEx Home Delivery with harassing and illegally firing drivers at its Northboro facility during a 2006 union organization drive, has canceled an organizing election scheduled for Friday, saying that support for the union has been undermined by the company's actions.
In a statement, FedEx, the second-largest U.S. package-shipping company, claimed victory over the union, saying its 18 drivers at the Lyman Road facility are happy to be classified as independent contractors, and not company employees, as the Teamsters contend.
"This is a complete victory for FedEx Home Delivery contractors in Worcester and a total defeat for the Teamsters," said Paul Callahan, FedEx Ground's senior vice president of contractor relations, in a statement. ". As small business owners, they (drivers) want to make business decisions for themselves, without third-party interference."
Michael P. Hogan, secretary-treasurer for Worcester-based Local 170, said he sent a letter to the National Labor Relations Board Friday requesting that the election be canceled.
"This was not our first choice," he said. "We were prepared for a February 2006 election."
Mr. Hogan said 95 percent of the drivers signed union cards in November 2005. A vote to determine if the Teamsters would be the drivers' collective bargaining unit, set for February 2006, was postponed after the company began harassing workers, including using some drivers to make an anti-union video, he said. After investigating a complaint filed by the Teamsters, the NLRB determined in April that the drivers are employees, and are eligible to unionize.
The NLRB also scheduled a November 2007 session on the Teamsters' claims the company harassed and fired workers active in a union organizing effort. FedEx settled in October, paying a total of $253,000 to four former drivers and one who has continued to work for the company.
There were no findings of unfair labor practices, and the settlement called for an election Friday to see if the Teamsters would be the drivers' collective bargaining unit.
Robert P. Redbord, deputy regional attorney for the NLRB, said the union cannot petition for another election for at least six months unless it can show good cause.
"In light of those two years of illegal actions, the February 2008 election would not be free and fair," Mr. Hogan said.
He said most of the drivers now working at the Northboro facility have been there six months or less, and could request an election at a later date.
"They are new employees," he said. "It's not a question of support, but who's left over from the original group. . When they get acclimated to how the company operates, we expect to be involved in another organizing campaign."
FedEx spokesman Perry Colosimo said the company believes the drivers are properly classified as independent contractors.
"It is equally clear that the contractors at Worcester want to remain so," he said. "With respect to the claims of unfair labor practice, there was no finding by the labor board in any wrongdoing. We settled because it's less expensive than continuing litigation. It also allowed us to move ahead to the February 1 election, from which the Teamsters have withdrawn."
He took issue with an assertion by Mr. Hogan that the company is in turmoil, and that UPS, with 237,000 unionized Teamster drivers, is taking business away.
"The company is still growing very well," Mr. Colosimo said. "It's typical of the back and forth, the rhetoric that's exchanged in these campaigns."
http://www.telegram.com/article/20080130/NEWS/801300333/1002/BUSINESS
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