FedEx Ground may go union

Crazynuff

Veteran Expediter
Those FedEx Ground drivers are really going for all they can get . Go to the wwwteamsters.org site for full info .
 

dhalltoyo

Veteran Expediter
Screwed by BigBiz????

How can that happen in free society such as ours?

Are their balls and chains being placed on the legs of workers?

Do armed guards have checkpoints set up along the highways?

Are the police stopping you and making you wait until you slip them a $10 bill?

Reality check: THEY DO IN OTHER COUNTRIES.

In America, if you don't like your employer you are FREE to choose another.
 

rode2rouen

Expert Expediter
>
>In America, if you don't like your employer you are FREE to
>choose another.
>

The keyword here is EMPLOYER....these FedEx folks are the ones who have just been determined to be, in fact, employees and not, as FedEx would liked to have them believe, independent contractors. So yeah, they've been getting screwed by BigBiz.


Rex
 

dhalltoyo

Veteran Expediter
Point well taken.

Let me restructure my comment.

If you don't like the organization with which you are contracting, simply go elsewhere.

Now, that's America.

It is a privilege (not a right) that few others enjoy in this world.

Remember, it always takes two willing participants to consummate a relationship. Willing is the key word here. Not willing to consummate? Fine. That's your choice; therefore, no getting screwed.
 

Tennesseahawk

Veteran Expediter
No... the point is, they are breaking the law. If they're treating their contractors as employees, they should be paying taxes and benefits like EMPLOYERS do. FedEx wants the best of everything. Sorry... doesn't work that way. Pay the piper so you can have the drivers you've always wanted.
 

woobergoober

Expert Expediter
I actually did work for Fed Ex Ground out of Livonia, MI, for about three years, so I am speaking from first hand experience. You start the application process with Fed Ex Ground by filling out an application, and proving that you can acquire a step van, either through pre-approved financing, or through the purchase of another Owner/ Operators vehicle from within. They do not send you to orientation, should you not be able to show that you have the means to get the right truck, because it would simply be a waste of time.

So, you get the application filled out, credit pre-approved, drug screen comes back as okay, and DMV checks out. On to orientation. Several hours later, you get to the point of signing a contract- this is the key- the CONTRACT. You are an owner operator- of course. Can you just go in there pick the route you want every day, do only as much as needs to be done and go home? No! Of course not. Fed Ex has a system, just as UPS does. You have an assigned route that you do every day. You have an obligation to pick up (as per your contract) anything that is scheduled for that day, within your route, as well as delivering all packages to your customers, that are delived to your terminal, via semi trailer, and loaded on to your truck, by Fed Ex Ground employees.

If you do not like their contract, and the things it says, do not sign the stupid thing. They NEVER asked or told me to do something that was not in my contract. There were plenty of times that my route had too many packages or too many stops, or too many pickups for the day- in which case, I let the coordinators know, and they helped me rectify the problem, either by cross loading to drivers from adjoining routes, or they would send overflow out in a cube van, with one of their paid temps.

These lawsuits may be warranted in some cases, but I can only see the end result being a whole lot of content owner operators, being forced, or bullied into a Union, in which they do not want to be part of.

I may sound a little anti-union, and you are right- I have never had any good interaction with a member of a union, nor do I think I will. In my experience, the people I have interacted with, who belong to a Union, have this mentality, that as a card carrying member, they are obligated to do nothing but the bare minimum.

So, thats just my point of view. I worked for Fed Ex Ground for three years, and then I left. I left because I did not like they way they handled claims, mainly. It was not because I was being treated like an employee, as many suggest in their own cases- I simply did not like a policy, and so I did not sign my contract when renewal time came around next. Period.

WG
 

Broompilot

Veteran Expediter
Mr. Lion King, how much does it cost one to change carriers? Big business is out to screw us little people every chance they can and this is classic example of stepping over the line.

Its unfair, unethicle, but they get there $ into lobby's (so close to D.C. why they even support the Redskins) and for what? To get it there way to cheat the honest worker out of everything they can. The banking industry is no different, insurance, phone you name it they all have loop holes that you and I are being forced to pay for nothing. All for there pockets.

Sound like a Democarat probably but I am not, but as for handing the little guy a pile of crap instead of his honest pay and to benefit both the company and the employee sure does not sound that way to me. We all make decisions and we can all change our minds but why should these workers be forced to be walked all over, in the companies mind they are replaceable pieces of equipment not family people or human beings.

Still do not understand the big business taking advantage of little guys look at your Credit Card Statment if not paid in full on time your gona get taken advantage of. How many forms for purchasing a home loan? PMI, Life protection insurance, Apprasial Fee etc... got the picture? Big Bus is out to give as little as possible and take as much as they can at YOUR EXPENSE.. Its not just one company either its most big business try to get thruough to a human over a 800# now days.
 

dhalltoyo

Veteran Expediter
Certainly I would agree that there is no perfect system. There is no utopia. Trials and tribulations will come. Personally, I am struggling to keep myself in the black as we speak. I made the personal choice to enter the expediting business during a slow period. Yep, went right out a bought a van in January. That was my decision to do so. Of course, I had peace about making the decision because I answer to a higher calling than BigBiz.

Ran a few loads for a small company and then switched to a larger organization. I researched the company BEFORE I made my decision. I'll assume by all of the previous posts that any structured business with more than two employees must meet the criterion of being BigBiz; therefore, I must be at risk for being screwed. I honestly believe that that is not going to happen, because I will move on to different organization, or income path, BEFORE I allow myself to be placed in an uncompromising position.

Forms and paperwork! You bet! The more the better!!! Why? It reduces the chance of impropriety, fraud and theft on both sides of the transaction. As a former Mortgage Banker, I have seen some of the most unfair refi's that ever came down the pike. Many have been the times that we referred folks to the State Banking Commission to put a stop to those who did not conduct business in a fair and proper manner. In those instances I guess you could say that BigBiz got screwed. And on the other hand, I have been able to help folks restructure their personal debt with a fair and equitable loan, but I couldn't motivate them to get in their car, drive to the courthouse and petition to have an old lien expunged from their records so I could process the loan for them. I even offered to drive a guy down to the courthouse once, but a NASCAR event was more important to him than getting the creditors off his poor wife's back. Yeah, he was at work (Probably getting screwed by BigBiz) while his poor wife and kids had to answer the door when the creditiors came knocking. He didn't want to do the paperwork either! The very thing that would have alleviated a great burden.

Look guys, I was sitting in a jeepney in downtown Manila a few yers ago when a police officer motioned the driver to the curb. He hassled the driver for about 10 minutes. Finally, the driver palmed his license to the police officer and there was a 10 peso bill on the back side of the driver's license. The policeman pocketed the money, handed back the license and told the driver to move on. Generally speaking, THAT DOES NOT HAPPEN IN THIS COUNTRY!!! Why? Because who is going to risk their pension for a short term gain?

Corporations, local governments and small business men can easily have their feet put to the fire in this country. Think not? Just look at the court docket for any county courthouse across this great nation. Sure, there are instances when a business does violate the law. But those are the exceptions that prove the rule. Of course, we never violate the law driving 74mph in 65mph zone. Hmmmm???

As I said earlier, it is not a perfect system, but it so far outweighs anything else in the world that I am not going to be a railer against the system that affords me the opportunity to make a FREE choice.
 

ACE

Veteran Expediter
Charter Member
Most big business are not out to take advantage of the little guy, they are out to make profits for the owners {shareholders}. Most employees and customers are not out to take advantage of either their employer or the vendor that they purchase goods or services from, but there are exceptions to the rule there are Business, customers and employees that try to take advantage of a situation and cheat one or the other.

We would not have the life style or the advancements we do today if it was not for big business that will invest in ideas.

Example the cell phone was one of the more recent investments in 70's and 80's they needed to build or rent space on towers so they would work,plus they needed to invest in phones. They took a chance and made it work. Now cell phones are better and cost less than they did 20 years ago.
Credit cards make our life easier because of our mobility. 40 years ago we needed to carry either cash or travelers checks if we would go out of our area for extended periods of time. Almost no one would accept an out of town check.

All these things come with a cost we need to determine what will work for us as individuals.

Not all Unions are bad, Not all Big Business are bad, Not all Customers are bad.
 

Tennesseahawk

Veteran Expediter
Have you ever heard complacency breeds corruption? I'm not arguing that we don't have the best system in the world. But that doesn't mean we should sit on our butts and accept the status quo. Ppl have gotten too lazy to combat unfair practices. Maybe because it is everywhere you turn!

Who wants to fight tooth and nail for everything? Especially when the outcome will probably be against you. Perfect example... I'm fighting a bank that broke the law. Because the amount is less than worth fighting over, I was told I'd probably lose. What's worth fighting over for someone who doesn't have a pot to pee in? The system is set up, primarily, to help those who have the money.

dhalltoyo... don't think payolla doesn't happen in this country. There are cops like the one you described right here in the USofA. There are also politicians... nuff said on that one. Only difference is that their payolla is called a contribution.
 

dhalltoyo

Veteran Expediter
Hey, I lived on the other side of the fence for a number of years. No, I am not proud that I was never incarcerated for operating outside of the confines established by fair and just laws. In fact, I am ashamed to have ever lived such a wicked life. That said, I know that corruption and graft does exist! I am sure glad that my past has been cast into the sea of God's forgetfulness. No, I realize that payolla does exist, BUT it is so miniscule when compared to the rest of this world it doesn't even register on the radar.

I'll be the first one to help someone; that is, to help themselves. I don't want any government agency or organization to do for me what I can do for myself! That is the basis of being independent. Give somebody a fish and you feed them for a day. Teach somebody to fish and they can feed themselves for a lifetime. I'll be glad to teach anyone how to right a wrong; if a wrong honestly exists.

As Christian, I know exactly what the Bible says about unions. You can read what the Lord has to say in Matthew 20:2-15 regarding the owner of the vineyard. Based upon the scriptures it something that I could never again be a part of and I truly believe they are not necessary. That is the crux of these posts. It isn't about BigBiz; it's about union representation. So let's quite tip toeing around the issue with superflous discussions about being ripped off. And before you even try tell me that I don't know what I am talking about, I was a member of Local 18 Operating Engineers; therefore, I have firsthand knowledge of the system.
 

terryandrene

Veteran Expediter
Safety & Compliance
US Coast Guard
Labor relations panel says workers aren't contractors By Diane E. Lewis, Globe Staff |

February 2, 2006 - Truck drivers for a FedEx division in Worcester are employees, not independent contractors, according to a ruling by the National Labor Relations Board's regional office in Boston that gives the drivers the right to hold a secret-ballot election for a union.

The decision against FedEx Home Delivery, a division of FedEx Ground Package System Inc. in Pittsburgh, argues that although 23 drivers at the terminal signed contracts stating that they would operate as independent contractors, they should be considered employees under labor law because they must adhere to the company's rules and regulations and do not exercise full control over work, compensation, training, or routes.

''FHD exercises substantial control over the contractors' performance of their functions," wrote Rosemary Pye, the NLRB's regional director. The decision, issued last week, was released yesterday by the International Brotherhood of Teamsters, which is trying to organize the drivers.

The decision stems from allegations brought by Teamsters Local 170, which said workers were wrongly denied access to a union because the company said they were not full employees.

''If they were independent contractors, they should have been able to operate their business the way they chose," said Mike Hogan, a Teamsters organizer. ''We felt it was a sham."

Hogan said the Teamsters Union sent a letter to Massachusetts Attorney General Thomas Reilly yesterday urging him to investigate the company. Meredith Baumann, a spokesperson in the attorney general's office, said there is an open investigation of FedEx's use of independent contractors. ''This NLRB decision will be instructive and will assist in our ongoing discussions with FedEx," said Baumann. Perry Colosimo, managing director of communications for FedEx Ground, said the company would continue to rely on independent contractors.

''FedEx Ground disagrees with the regional director's decision to allow FedEx Home Delivery independent contractors in Worcester to participate in an election for third-party representation," said Colosimo, who said the company would appeal. ''These small-business owners deliver industry leading service to our mutual customers without the need for third party representation."

Diane E. Lewis can be reached at [email protected].

Source: © Copyright 2006 Globe Newspaper Company.
 

davekc

Senior Moderator
Staff member
Fleet Owner
Short of rejecting the original independent contractor agreement, it appears the functions of the job are the same as employees.
Of course I am looking at it with limited information based on news stories.
Dictating routes,proceedures, trucks, time worked, and uniforms, it looks more like employees than contractors. Short of whether they work there, it seems as though they have little say in anything.

Sure, if someone isn't happy they can move to something else. That is a different issue rather than whether they are employees or not.
When looking at IRS guidelines, I would say it does raise a big question. I am sure the ruling was partially based on these requirements with regards to independent contractor status.
Just my opinion so far.






Davekc
owner
21 years
PantherII
EO moderator
 

Jimmy

Expert Expediter
Hey,
I just read this post & I had to respond. I started when it was Roadway Package Co. August 1990. Worked till November 1996.
Was an "Independent Contractor". Was threatened with termination due
to being out because of death of my father-in law. Iwas threatened
with termination after this due to excess hours of service. And no
"It was my route, It was my problem." Even though number of stops increased 60 or more due to the increase of package volume. I guess for my luck ran into Terry & Rene on a Sunday morning after they had just finished a run & were at the T/A! Opened my eyes up to a different world!Anyway left them went back for two more years & left permantly in 2000 & went expiditing & ain't slowed down yet!
Oh yeah had a friend who I statred with back in 2000 was just terminated due to refusing to take a package out (place was closed for Christmas). Come in friday evening was surronded by Fed-Ex security & local police was handed settlemnt check & told to leave.
He told me he asked for his truck (title was in his name) and told he could not take it with him. Jimmy
 

beachbum20714

Expert Expediter
i'm not understanding this hole thing.if you are a contractor working for a company don't you have to follow there rules to a point?if you contract for a expedite co.you have to follow there rules don't you?they tell you to tell them when you pick up a load,drop off a load.all expedite co have rules.all co's in gerenal have rules.so don't tell me that you don't have to follow there rules just because you are a contractor.some rules you don't have to follow,i know,but for the most part you do.i appied to FED EX HOME DEL you had to buy a truck,go thru 1 week of driving classes,even if you had a cdl and been driving for yrs.they wher going to GIVE you $500 a month towards your truck payment,fsc,you HAD to del around 100+ packages a day,120+ at x-mas time.no time off.unless you found someone to replace you,of course they had to have training also.the $ per yr came to be less than what i was making.not worth it to me.and now if you want to get in you have to BUY a rt from somebody.BUY a rt.i thought that this was insane.yes you are your own boss but at what price.i live in the WASH,DC METRO AREA.i like FED EX.even the GROUND DIV.you have to buy a truck.still,you are following alot of there rules.
 

greg334

Veteran Expediter
Dhalltoyo

You wrote – “No, I realize that payolla does exist, BUT it is so miniscule when compared to the rest of this world it doesn't even register on the radar.†Hey they use Stealth technology to conceal their crimes.

I don’t want to yank your chain but the real true fact is in the corporate world is just like your experience in the Philippines, no less than that. As one who also has been on the other side of the fence in the corporate world and had to see real cut throat corporate politics up close and personal, don’t think for a New York minute that the country (both the corporate world and politics) is run on an ethical foothold and big business cares about what the public thinks even after they get caught, it doesn’t and they don’t.

The reason that you don’t see a lot of court cases is because of the lawyers, not the companies or the people they hurt. It does not take a genius to understand the play book for legal playing field – delay as much as you can and bleed the other guy to death all the while charging your client a s**t full of money. Go to court, no way – not enough money in it for the lawyers. Delay Delay Delay.
 

Broompilot

Veteran Expediter
If corporate greed is at such a low than would please someone explaine to me why there are so many lobbiest in D.C.?

Could it be for the good of all US taxpayers or just a few?

The new bankruptcy system is it really fair?
 

DooWop

Veteran Expediter
Charter Member
dhalltoyo: I couldn't let this go by without a comment. You need to keep the scriptures out of this discussion, as "You err in not knowing the scriptures or the power of God." The Bible must be interpretted in the context of the time in which it was written. This is one of the first rules of "rightly dividing the word of truth." The correct use of isogogics brings God's word into the proper application for the believer, as all scripture is for us, but not all scripture is about us. The portion of God's word that you so carelessly and smugly quoted has absolutely nothing to do with unions. Rightly dividing the word of truth reveals that this parable of Jesus has everything to do with eternal salvaton: "I am the true vine and my Father is the husbandman", and the proper understanding is that salvation by faith alone in Christ alone is not a matter of the length of time one has been a believer. As Christ was speaking to an agrarian society, based on a subsistance agricultural economy he used images that the hearer could relate to. Nowhere in the Bible is the case made for labor unions or against labor unions. I would challenge you to hear what the Spirit saith...
Your tossing God's word around without its proper understanding is offensive. You certainly do not make "a defense of the hope that lieth in you with all meekness and courtesy" but like the slothful shepard you have done a fairly good job of bringing disrepute and confusion concerning the scriptures, and have helped bar the door to those who would enter in. While you certainly have the freedom to express opinions, please limit your responses to that with which you are familiar, and obviously rightly dividing the word of truth is not one of them. "But speak thou those things which become sound doctrine." I have many more things to say but "ye cannot bear them."

Regards

DooWop
 

Crazynuff

Veteran Expediter
In fairness to FedEx it must be understood they did not come up with the contractor concept . It was that way when they bought the business from Roadway . I think the union move will be a mistake and cause FedEx to sell the business . I saw a lot of problems with Overnite terminals that went union . Overnite ended up being purchased by UPS .
 
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