Fedex Overtime Lawyer

The NLRB and Fedex - How Would that Mix Work?

As more and more issues come to light regarding Fedex and its classification of drivers, we are left to analyze the role of several parties and entities that have, are or could soon play a role in this ever-expanding situation. One of our earlier articles offered some perspective as to the role of the IRS in this classification issue, and today we'd like to take a look at the NLRB, or National Labor Relations Board, and how their involvement in this issue could be quite powerful in terms of how this entire situation is resolved.

The NLRB's Mission

The NLRB serves several important functions to the working people of the United States. It was established in 1935, and technically, the NLRB is a direct result of the passing of the National Labor Relations Act, or NLRA. The NLRB serves as a sort of go-between when employees and employers are in dispute, and in particular help those disputes find a resolution.

The NLRB finds most of its work is dedicated to labor organizations and their controversies with management in thousands of companies. The NLRB is not an advocate of either the unions or management, but sees itself as a mediator, and sometimes an arbitrator, of disputes.

The NLRB and Fedex

As stated above, the NLRB serves as an arbiter of disputes between management and employees. Sometimes, these disputes exist between management and a union during the collective bargaining process. Other situations include the one that is encompassing Fedex presently. The NLRB has had several decisions brought before its Administrative Law Judges (ALJ's) regarding whether or not the Fedex drivers have the right to hold an election on whether or not to unionize.

The NLRB's decisions have been interesting to say the least. Every NLRB decision to this point has found that these drivers do have the right to vote on whether or not to unionize, and this has implicitly led to a potentially serious problem for Fedex. That's because a "shop" cannot unionize unless its workers are employees, and given the NLRB's decisions, it seems that this is a governmental agency that's found the Fedex delivery drivers to be employees as opposed to independent contractors.

Overall, there are still many layers of this situation that need to be analyzed and ferreted out in the courts. If you have suffered as a result of Fedex's classification of its drivers, contact Pulaski & Middleman today to schedule a free initial consultation.