Fraudex Update: Northboro, MA

Chapter 1: Fraudex talks tough, throughout the spring, summer, and fall of 2007-- claiming they welcome the chance to have their day in court and defend themselves against charges levelled by the Bush-appointed NLRB. Now, this Republican NLRB is the most anti-union NLRB in the history of the agency. When they file charges against a company, you know that company has violated even late 19th century standards of labor relations.


Tuesday, May 8, 2007 FedEx denies claims, Union alleges unfair practices

By Martin Luttrell TELEGRAM & GAZETTE STAFFmluttrell@telegram.com

NORTHBORO— FedEx Home Delivery has denied allegations by the Teamsters union that it harassed and fired drivers at its Lyman Street terminal for taking part in union organizing activity. In a nine-page response to complaints brought March 30 by the National Labor Relations Board, the company denied that it engaged in unfair labor practices, and took issue with allegations by Teamsters Local 170 in Worcester that the drivers were company employees. FedEx considers the drivers to be independent contractors. The complaint alleges that the company pressured delivery drivers to admit if they had attended union meetings, planned on joining and to inform on others who supported the union. Workers who testified at an earlier NLRB hearing to determine if the workers were company employees or independent contractors were also threatened by the company, the complaint alleges.

“We believe these allegations are false, and look forward to the opportunity to have the issue heard before the board this summer,” said Maury S. Lane, a FedEx spokesman at the company’s headquarters in Memphis, Tenn. A hearing into the complaint will begin June 18 at the NLRB’s office in Boston. Michael P. Hogan, secretary-treasurer for Local 170, said the union is prepared for a long fight. “You would think nothing ever happened at FedEx, that there was no organizing drive,” Mr. Hogan said. “It will be interesting to see how that plays out. We’ve seen what the workers have gone through, and it’s atrocious. “To this day, FedEx won’t even come to the conclusion that that these folks are employees. We’re anxious, but we know it’s a marathon, not a sprint.” The company said that it did not fire employees, but rather, terminated its contractual relationships with the four drivers. “There can be no violation as a matter of law because the alleged discriminatees are not employees, and are therefore excluded from coverage…” the company’s April 13 response states. The company took the actions for “legitimate, non-discriminatory reasons unrelated to any contractor’s alleged union activity or affiliation,” the response continues. 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.



Chapter 2:


NORTHBORO— Fraudex forced the U.S. taxpayers to spend a lot of money for the NLRB to prepare a trial, because, as they claim again and again, Fraudex knows labor law better-- than any labor lawyer, state or federal judge.

Up to the day before the trial was scheduled to start, FedEx consistently pronounces its own innocence, and puts forward eagerness to get the true story out as its only motive for appealing beyond the regional Labor Relations Board to Washington D.C. Somehow FedEx changed its mind on "getting the truth out." They settled out of court-- to keep details from the public eye, and to avoid risking a negative judgement.


Chapter 2: Too little, too late?

FedEx Corporation [NYSE: FDX] subsidiary FedEx Home Delivery has agreed to pay five former and present drivers a total $253,000 to settle a series of unfair labor charges brought by the National Labor Relations Board against the company.
The five drivers-four former and one present driver-all worked in the Northboro, Massachusetts Home Delivery terminal and were union supporters in a unionization drive in 2005 and 2006 by Teamsters Local 170. The NLRB also ordered an election in Northboro for February 2008.
"FedEx has delayed this process long enough and the Northboro drivers will get their right to vote," said Teamsters General President Jim Hoffa. "I'm outraged at FedEx's treatment of these workers. This small amount of compensation is not enough to undo the damage that FedEx has done to their lives."
The unionization effort centered on the employee status of the drivers in the Northboro facility. The drivers gave sworn testimony to the NLRB that FedEx Home Delivery controlled their daily work like employees but called them "independent contractors."
The NLRB ruled that the drivers were employees and ordered an election that was to take place in January 2006. FedEx Home Delivery then illegally harassed, intimidated terminated the four former drivers to prevent a legal union election. The NLRB charged FedEx in a June 2007 consolidated complaint with numerous unfair labor practice charges for the illegal acts. The October 25 settlement between the drivers the company came out of the NLRB charges.
"We backed the company right against the wall because we stood up to management and had all the answers when it came to their anti-union meetings," said driver Richard Lacina. "FedEx paid me thousands of dollars because they violated my rights and I am still employed as a driver. This shows everybody the power of the Teamsters Union and what it can do for you."
Teamsters Local 170 and the company also agreed to schedule an election at the Northboro facility as a result of NLRB charges. The election is to occur on February 1, 2008.
"The Teamsters have stuck by these workers and the five drivers at least got some degree of justice," said Teamsters Local 170 Secretary-Treasurer Mike Hogan. "The Northboro drivers have seen the worst that FedEx can throw at them, and in the end the workers will have their vote to take control of their lives and their future."
FedEx Home Delivery drivers at three facilities in Wilmington, Massachusetts and Windsor, Connecticut already voted for Teamster representation in 2006 and 2007. FedEx ignored NLRB orders to bargain and appealed previous NLRB rulings to the U.S. Court of Appeal District of Columbia Circuit.
A recent report by American Rights at Work and the Leadership Conference on Civil Rights document the anti-union campaign and patterns of discrimination at FedEx Ground and Home Delivery in Northboro and elsewhere.

Stay tuned...