FedEx pays $253K to settle dispute

Agreement paves way for union election

FedEx Home Delivery and the National Labor Relations Board have reached an agreement awarding more than $253,000 to five present and former workers, a settlement which also clears the way for a union election in February.

Four former workers and one current employee for FedEx Home Delivery’s operations on Lyman Street received compensation as a result of a settlement over complaints the company harassed and fired workers active in a union organizing effort with the Teamsters.

The settlement checks awarded to the drivers ranged from $16,809 to the sole employee still working for FedEx Home Delivery, to $73,197 paid to one of the four who were fired and have declined reinstatement, according to the Oct. 25 settlement. The case was slated to go to trial yesterday.


There were no findings of unfair labor practices and the workers will hold an election Feb. 1 to see if the Teamsters will be the drivers’ collective bargaining unit.

“It’s an important ruling,” said Michael P. Hogan, secretary-treasurer for Teamsters Local 170 in Worcester. “It’s a step in the right direction for these workers. Certainly, we thought a settlement would be reached.”

In bringing the April complaint, the NLRB determined the drivers are company employees, rather than independent contractors as the company has asserted, and are eligible to unionize.

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.

Former driver Robert V. Williams of Berlin, who was awarded $40,000, said he was pleased with the settlement. He said he had been terminated by FedEx after testifying at an NLRB hearing held in 2006 to determine if the workers were company employees or independent contractors.

He said he is not interested in returning to work for FedEx Home Delivery.

“This backs our original contention that we have the right to have an election,” he said. “The people terminated were made whole. FedEx hasn’t won any of these cases around the country.”

Perry Colosimo, spokesman for FedEx, emphasized there was no finding in the settlement that FedEx engaged in any unfair labor practices at the Northboro facility.

“This matter has been pending for nearly two years and this settlement allows all parties to move forward,” he said in a statement. “We are committed to working with contractors to continue to grow our thriving home delivery business, and to ensure all contractors have the opportunity to succeed — without the interference of a third party. FedEx Ground looks forward to the election on Feb. 1.”

Mr. Hogan said a key finding by the NLRB was that the workers were employees of the company rather than independent contractors.

“If they were not employees, and were independent contractors, the company could do whatever it wants,” he said. “FedEx could terminate them at any time. When these drivers were found to be employees, and then the company appealed, they started to wage this anti-union war against them. Then, when they found they were not making any headway, fired them.”