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Greetings,
The cause of the FedEx Ground and Home Delivery drivers is
undeniably just: the offer of independence was made under false
pretenses and FedEx misled the drivers into a relationship where
they were illegally controlled like employees. Many many
drivers fell victim to a bait and switch.
The Teamsters want to see the drivers properly classified and
FedEx adhere to the law like other employers. Drivers who
want to join the Teamsters must first win the legal argument at
the NLRB that they are illegally labeled 'contractors' but
should have the rights of employees like the right to
unionize. This is not something created by the Teamsters.
And as the NLRB has ruled in the drivers' favor, this position
is also not a real debate any more.
The core issue is that drivers want to be truly independent
or they want the rights and protections that all employees are
entitled to and and have earned. Since FedEx has proved
repeatedly they will not grant drivers more than token
independence, then the just fight is for drivers to take back
their rights. Reclaim their rights through the courts,
through the NLRB, through the state and federal tax
procedures. By any legal means necessary.
So to the drivers who are fighting and winning, the Teamsters
salute you. Your fight in 2007 made great strides closer
to a just outcome.
The Home Delivery drivers in Wilmington, MA and Hartford, CT
secured their rights to join the Teamsters at the NLRB.
The drivers in the national class action lawsuit got the
first of a series of class certification orders from a federal
judge.
The drivers in the California class action lawsuit won their
case.
The drivers in Massachusetts who filed complaints with the
Attorney General caused an investigation, citations and orders
to be treated as employees.
The drivers who filed SS-8 Forms with the IRS got the feds to
audit FedEx and the audit found that FedEx was illegally not
paying proper taxes.
As individual headlines, these are each big news. Taken
together, they show the world that FedEx isn't getting away with
the Big Lie.
The
lawyers are watching. The
accountants are watching. The
analysts are watching. The hr managers are watching. The
competition is watching. The activist community is watching. Wall Street is watching.
The issue of misclassification and the fight for justice by
Ground and Home Delivery drivers was once something FedEx
dismissed as coming from a small group of malcontents and
failures.
But the drivers have done what they felt was right and fair
and the drivers are succeeding. Who are the failures
now?
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