Third Circuit Backs NLRB in FedEx Freight Unit Ruling

The National Labor Relations Board's Specialty Healthcare standard for determining appropriate units in representation elections survived a challenge in the U.S. Court of Appeals for the Third Circuit, which held that the board properly applied the standard to certify a unit of drivers at a FedEx Freight Inc. terminal ( NLRB v. FedEx Freight, Inc., 3d Cir., No. 15-2585, 8/9/16 ).

The ruling is the latest in a string of appellate court decisions to back the 2011 NLRB ruling on appropriate unit standards under the National Labor Relations Act.

Judge Anthony J. Scirica, writing for the court Aug. 9, held that the board's community-of-interest test is consistent with NLRB precedent and doesn't violate the National Labor Relations Act.

The court also found that the board properly applied the test in certifying an International Brotherhood of Teamsters local to represent a unit of terminal drivers that excluded dockworkers working at the same facility.

NLRB Certified Union Election Win

Teamsters Local 701 filed a petition in August 2014 seeking an election in a unit of road and city drivers at the company's terminal in Monmouth Junction, N.J. FedEx argued the unit wasn't appropriate under the NLRA because it didn't include dockworkers who loaded and unloaded freight at the same terminal.

An NLRB regional director found the unit requested by the Teamsters local was appropriate, and he directed an election, which Local 701 won. The board denied a request for review, and Local 701 was certified to represent the drivers.

The NLRB found FedEx unlawfully refused to bargain with the union (362 N.L.R.B. No. 91, 203 LRRM 1322 (2015)) and the board petitioned for court enforcement of its order that the company bargain with Local 701. FedEx petitioned to set aside the board's order.

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