FedEx Freight, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 14, 2014

04-RC-134614 (N.L.R.B. Oct. 14, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FEDEX FREIGHT, INC.
Employer
and Case 04-RC-134614
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS LOCAL 107
Petitioner
ORDER1
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.
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington, D.C., October 14, 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,
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 8% and 18%, 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 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.