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April 21, 2009

Court: FedEx Drivers Not Employees

Drivers for FedEx Ground are independent contractors, not employees, and therefore can't unionize, the United States Court of Appeals for the D.C. Circuit decided today.

The ruling overrode a 2007 decision by the National Labor Relations Board granting workers in FedEx Ground's Home Delivery terminals in Boston and Wilmington the chance to have a union election. The drivers were organizing with the International Brotherhood of Teamsters Local 25.

FedEx had argued that its drivers are independent business owners who have control over how they run their operations. The union claimed they are subject to substantial control by the company, and therefore should be considered employees.

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