NLRB vs NLRA

Submitted by Richard on Fri, 11/14/2008 - 7:17am.

The Employee Free Choice Act

I had a brief discussion yesterday with a FedEx Express worker who asked whether or not the Employee Free Choice Act would affect how FedEx Express workers organize. It was uncomfortable to share the news that, in fact, it won't do a thing for him or his coworkers.

The deal is that Fred Smith and FedEx Express has wiggled beneath NLRA coverage, and the Employee Free Choice Act does not stretch to any NLRA unit.

From what I am to hear, this might change with our new Congress ... but until then, for FedEx Express workers wanting to organize a union, it is business as usual.

It would be interesting to see this change over time -- and perhaps if there was an outpouring of support from activists around the United States, folks sending in letters to Congress, this situation would get a louder blip on the radar screen.

What do you think?

How does FedEx "wiggle under" NLRA coverage?

Submitted by IrishBoilermaker on Fri, 02/20/2009 - 11:26pm.

I realize the the drivers are somewhat screwed, because they are in some sort of limbo between emplyees and "owner/operators", but, a really good case could be made that because of the employer/employee relationship they have with their drivers, FedEx would then be open to organizing efforts if the drivers stand up for themselves and vote for representation, unless I'm missing something. The distribution center workers (package handlers, fork lift drivers, and fleet mechanics) would still be able to organize, wouldn;t they?

I'd like for you to explain because I'm hoping that you're incorrect, but also willing to say that there is a lot I don;t know about FedEx, and some of it that I think I do know may be incorrect facts.

Thanks

The latest I just read on

Submitted by IrishBoilermaker on Tue, 05/26/2009 - 12:11am.

The latest I just read on this was that a Federal courtmuddied the waters even more on FedEx's miscalassification of workers as "contractors" when they are employees in all but name and IRS forms.

http://www.wlf.org/upload/5-9-09Samp_CounselsAdvisory.pdf

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