FedEx Freight, Inc.

National Labor Relations Board - Board Decisions

Oct 8, 2014

04-RC-133959 (N.L.R.B. Oct. 8, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FEDEX FREIGHT, INC.
Employer
and Case 04-RC-133959
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS LOCAL 107
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington, D.C., October 8, 2014

1 Member Johnson finds the petitioned-for unit appropriate under the Board’s traditional
community of interest analysis in similar driver cases. See, e.g., Home Depot USA, Inc.,
331 NLRB 1289, 1291 (2000) (3-0 decision of Chairman Truesdale and Members Fox
and Brame, finding appropriate separate unit of drivers). The Employer contends that
drivers here perform a substantial amount of dockwork, requiring the inclusion of
dockworkers in the unit. Assuming that the Employer is correct that drivers spend 15%
of their time in non-driving work, this figure is still below the 30-40% figure in Home
Depot. Id. at 1290. Accordingly, Member Johnson finds no need to express a view
whether the Board correctly decided Specialty Healthcare and Rehabilitation Center of
Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v.
NLRB, 727 F.3d 552 (6th Cir. 2013), and whether the Regional Director correctly applied
it here.