Teamsters Statement On U.S. Appeals Court FedEx Decision

Official Statement of Teamsters International Vice President Ken Hall

WASHINGTON, April 22 /PRNewswire-USNewswire/ -- The following is a statement by Ken Hall, Teamsters International Vice President and Director of the Teamsters Package Division, regarding yesterday's decision on FedEx Home by the U.S. Court of Appeals for the District of Columbia:

"We are disappointed in the court's decision to deprive FedEx drivers of the right to form unions and bargain for better working conditions and wages, leaving them at the mercy of this notoriously anti-worker company run by a member of the Forbes 2008 Billionaires Club. We are confident that the decision will not survive review by the full court or by the U.S. Supreme Court.

"The Teamsters' fight on behalf of these workers will not stop. We remain committed to those FedEx drivers who have sought the protection of a legitimate collective bargaining agreement to improve their lives.

"The facts remain: More than 30 states continue administrative and tax reviews of the employee status of FedEx Home drivers. The IRS is examining the company's tax classification for 2002, 2004, 2005 and 2006, and the federal courts are still hearing the national and state claim lawsuits.

"The National Labor Relations Board has primary authority to determine whether workers are properly classified as employees or independent contractors, and reviewing courts are required to defer to the board's justifiable findings. In yesterday's decision, the majority of the court chose to ignore its legal obligation to defer judgment to the NLRB, disregarding detailed findings.

"Since 1968, the Supreme Court has consistently instructed the NLRB to use a common-law test to determine employee status, which led to the finding that the drivers are employees. The court majority disregarded virtually all of these factors required by the Supreme Court in favor of an evaluation on whether the drivers had 'potential entrepreneurial opportunities.' As noted by the dissenting judge, the majority failed to apply the proper standard for determining employment status.

"The reality of the workplace, as found by the NLRB's reasoned decision, is that FedEx clearly controls the daily existence of the driver. Yet they are without the legal protections and benefits of employees."

SOURCE International Brotherhood of Teamsters