Feds OKs union election at FedEx in Wilmington

In a victory for drivers in two Wilmington depots, the National Labor Relations Board's last week certified a vote taken by FedEx Home Delivery drivers took last October.

But it is unlikely FedEx will simply allow the union to take it’s place at the bargaining table anytime soon.

In last week’s ruling, the NLRB said in a release issued by that it agreed with drivers that they were not independent contractors as the package delivery service contend but, actually employees.

FedEx delivery drivers from the Jewell Drive and Ballardvale Street facilities voted last year nearly three to one to allow Teamsters Local 25 in Charlestown to be their bargaining agent for a future contract.

FedEx, for it’s part, has been consistent in arguing that the drivers were hired to run their own routes in privately owned trucks.

They also said Teamsters tactics, which in past reports they labeled as “misconduct” before the election in October tainted the election. They are seeking that the election results be thrown out.

“Because the Teamsters do not have the best interest of our contractors in mind, we will continue to work with our contractors to protect their investments so they can run their businesses without third party interference,” said Maury Lane, a FedEx spokesman, in press reports.

It is likely that FedEx will refuse to sit down with the Teamsters when the first contract negotiations take place. The case would than be sent to court for a rehearing of the case.

The Wilmington victories, the first time drivers elected a union, is likely to open the door for the Teamsters to represent the 15,000 FedEx Home drivers nationwide after nearly two decades of attempting to unionize the company.

“What these drivers showed was with hard work, anything is attainable,” said Local 25 President Sean O’Brien.

Wilmington FedEx drivers would join package delivery drivers at UPS and DHL under the national bargaining umbrella of the 1.4 million members International Brotherhood of Teamsters.

Currently, Fed Ex drivers are paid by the package delivered as opposed to UPS drivers who make approximately $26 an hour and $21 an hour for DHL drivers. Those union drivers also have significant benefit packages that include health plans and holiday and vacation time.

The victory is only the third and fourth time out of 48 votes that unions were elected to represent FedEx employees. And in the past two negotiations, the company and union could not come to an agreement.

According to FedEx, independent contractors do not have the right to unionize because they are small business owners with the freedom to expand their business, adding routes and growing their team of employees.

But the union countered the drivers were told which trucks to own, what routes to take, the rate of payment and even what uniform to wear.