Company Statement: D.C. Circuit Court of Appeals Rules in Favor of FedEx Ground on Independent Contractor Classification
MEMPHIS, Tenn. – April 21, 2009 – FedEx Ground, a subsidiary of FedEx Corp., (NYSE: FDX), won a United States Court of Appeals for the D.C. Circuit decision today that said FedEx Ground independent contractors are independent business owners – not employees — and are outside the jurisdiction of the National Labor Relations Board (NLRB). This decision validates the company’s long-standing position that FedEx Ground contractors are small business owners.
The US Court of Appeals decision was made on a FedEx Ground-filed petition for review following a September 28, 2007 NLRB decision granting the International Brotherhood of Teamsters the ability to conduct a membership election among single work area contractors in FedEx Ground’s Home Delivery terminals in Boston and Wilmington, MA. In the September 2007 decision, the NLRB claimed that the Home Delivery single work area contractors were employees.
The US Court of Appeals agreed with FedEx Ground’s contention that the NLRB Regional Office wrongly excluded material evidence and misapplied settled law on the most important factor that defines the statutory “independent contractor” exemption from the National Labor Relations Act (NLRA).
“The Court determined that the company had provided clear evidence that FedEx Ground contractors are properly classified as independent contractors,” said FedEx spokesman Maury Lane. “Court decisions like this and a recent state court decision in Washington State – the Anfinson case – confirm that FedEx Ground contractors are independent business owners who choose to own and operate their own enterprises as they like.”
FedEx Ground has consistently worked to protect and preserve the rights of independent contractors to own and operate their own business in Massachusetts and across the US. FedEx Ground is proud to be associated with nearly 13,000 independent contractors, all of whom made the decision to be self-sufficient, to be their own boss and to control their professional success.
Contact Information: Maury Lane, (901) 434-4829
About FedEx Corp.
FedEx Corp. (NYSE: FDX) provides customers and businesses worldwide with a broad portfolio of transportation, e-commerce and business services. With annual revenues of $38 billion, the company offers integrated business applications through operating companies competing collectively and managed collaboratively, under the respected FedEx brand. Consistently ranked among the world’s most admired and trusted employers, FedEx inspires its more than 290,000 team members to remain "absolutely, positively" focused on safety, the highest ethical and professional standards and the needs of their customers and communities. For more information, visit news.fedex.com.