FEDEX FREIGHT, INC.

National Labor Relations Board - Board Decisions

Nov 21, 2014

09-RC-136994 (N.L.R.B. Nov. 21, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FEDEX FREIGHT, INC.
Employer
and Case 09-RC-136994
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL 89
Alisa
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
Dated, Washington, D.C., November 21, 2014
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

1Member 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,
because the drivers perform a substantial amount of dockwork and hostling work, the
appropriate unit must include dockworkers. This argument is not compelling. Although
city drivers and road drivers spend approximately 6% and less than 2%, respectively, of
their time in non-driving work, this figure is still significantly 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.