Labor Law -- 2017

FedEx Home Delivery v. NLRB   (D.C. Circuit)

Delivery service contractors as employees

The NAM and coalition associations filed an amicus brief on behalf of FedEx Home Delivery. The case concerns a decision from the National Labor Relations Board (NLRB) which stated delivery service contractors working for FedEx were not independent contractors but employees of FedEx. Previously, the appeals court determined that a group of delivery service contractors were not FedEx employees, but independent contractors for purposes of Section 2(3) of the NLRA. FedEx Home Delivery v. NLRB, 563 F.3d 492, 495 (D.C. Cir. 2009) (“FedEx I”).

The court here faced the same legal question, applied to a set of facts “virtually identical” to FedEx I. Congress has not amended the NLRA since the court issued FedEx I. The NAM’s brief argued that the court faced with the same issue presented in a later case in the same court should reach the same result, especially when the parties are the same. The court agreed, finding that the NLRB could not nullify the decision issued in FedEx I by asking a second panel of the court to apply the same law to the same material facts and provide a different outcome. The court dismissed the case in favor of FedEx.

Related Documents:
NAM brief  (August 17, 2015)


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