August 17, 2016
By Steven Wishnia and Neal Tepel
Philadelphia, PA – A federal appeals court on Aug. 9 rejected FedEx’s claim that the National Labor Relations Board had wrongly allowed truck drivers to form a bargaining unit within their workplace.
The NLRB had upheld an election in which drivers at a freight terminal in Monmouth Junction, N.J. had voted to join Teamsters Local 701, but FedEx charged that their bargaining unit was too narrow because it didn’t include dockworkers loading and unloading freight there. The decision, written by Judge Anthony J. Scirica, was the latest appeals-court ruling to support the NLRB’s 2011 Specialty Healthcare standard, which held that a group of workers can form a separate bargaining unit within a workplace if they constitute a readily identifiable group sharing a “community of interest,” as long as they don’t exclude other workers who clearly share the same community interests. Read more