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<blockquote data-quote="dmac1" data-source="post: 3667767" data-attributes="member: 60252">Drivers aren&#039;t contractors. They are already employees by fedex mandate. It would be possible for drivers to join a union. The real question is whether or not they could unionize as fedex employees as a group, maybe a few drivers from different ISPs could petition a court (maybe NLRB) to find that fedex is the actual employer, or that fedex is a co-employer. Fedex ISPs could maybe claim to be fedex managers and employees, thus able to unionize since fedex still exercises a huge amount of control, along with some other employee/contractor issues.Fedex requires that ISP uses employees, not subcontractors, and doesn&#039;t allow ISP to use any delivery option to get the package delivered. Fedex limits ISP use of their own vehicles when fedex packages are on board. Whether uniform usage is a real choice or not is questionable, and use of fedex mandated scanning equipment, with fedex keeping absolute control of who the ISP can hire are all some issues with fedex claiming that the ISP is not an employee, but fedex has the deep pockets to make the issue almost moot concerning the ISP. The drivers being able to unionize is simpler. Yes they can, but would likely be out of a job with recourse taking a decade or more, and little to win in damages.</blockquote>

[QUOTE="dmac1, post: 3667767, member: 60252"] Drivers aren't contractors. They are already employees by fedex mandate. It would be possible for drivers to join a union. The real question is whether or not they could unionize as fedex employees as a group, maybe a few drivers from different ISPs could petition a court (maybe NLRB) to find that fedex is the actual employer, or that fedex is a co-employer. Fedex ISPs could maybe claim to be fedex managers and employees, thus able to unionize since fedex still exercises a huge amount of control, along with some other employee/contractor issues. Fedex requires that ISP uses employees, not subcontractors, and doesn't allow ISP to use any delivery option to get the package delivered. Fedex limits ISP use of their own vehicles when fedex packages are on board. Whether uniform usage is a real choice or not is questionable, and use of fedex mandated scanning equipment, with fedex keeping absolute control of who the ISP can hire are all some issues with fedex claiming that the ISP is not an employee, but fedex has the deep pockets to make the issue almost moot concerning the ISP. The drivers being able to unionize is simpler. Yes they can, but would likely be out of a job with recourse taking a decade or more, and little to win in damages. [/QUOTE]

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