That Union Thing

FedEx Workers Fight Independent Contractor Status

This month a Federal judge in Indiana gave class action status to 24,000 current and former FedEx Home and FedEx Ground drivers who claim they are misclassified as independent contractors.

Currently classified as independent contractors, rather than employees, of FedEx, drivers are forced to buy their own trucks, uniforms, and gas, and do not receive workers compensation or other benefits from FedEx. Drivers will now be able to sue FedEx as a group.

In August, a California Court of Appeal upheld a ruling that Ground and Home drivers are employees and not independent contractors. In September, the National Labor Relations Board ordered FedEx to bargain with Teamsters Local 25 (Boston) over working conditions for drivers; the NLRB had previously determined the drivers to be employees when they ordered an NLRA election where drivers voted to be represented by the union.

Stagehands Win Another Battle With Kravis

IATSE stagehands won another battle in their seven-year legal battle with the Kravis Center. The National Relations Labor Board has upheld a 2002 ruling that the Kravis Center bargained in bad faith to get rid of the union. The NLRB also ordered the Center to reinstate the six union workers who were fired when the union contract was terminated in 2000 and to compensate all of the stagehands for wages lost since 2000, estimated to be $2 million, or $300,000 a year for the last seven years. The Kravis Center has filed an appeal with the Circuit Court in Atlanta. Once that ruling has been made, which may take another year, either party may make a final appeal to the U.S. Supreme Court.

In 2000 and 2001, the Kravis Center committed massive unfair labor practices, including unilaterally changing wages and terms of employment; withdrawing recognition of the union; discharging union department heads; and discriminatorily refusing to hire union members. Kravis stagehands had been represented by IATSE since the Center opened in 1992.

Broadway Stagehands Authorize Strike

Broadway stagehands have voted to authorize a strike after producers imposed the terms of their last offer. Producers will change rules regarding the number of stagehands employed and how long the stagehands work, but will not impose new wage proposals at this time. IATSE Local 1 is fighting to preserve jobs on Broadway and has declined New York Mayor Bloomberg's offer to mediate the dispute.