Nat'l Labor Relations Bd. v. Fedex Freight Inc, No. 15-2585 (3d Cir. 2016)
Annotate this CaseThe National Labor Relations Board certified a collective-bargaining unit comprised of FedEx Freight drivers at FedEx’s South Brunswick Terminal in Monmouth Junction, New Jersey. To test the appropriateness of the unit, FedEx refused to bargain with its certified bargaining representative, contending the terminal’s dockworkers must also be included in the unit. The Regional Director issued an unfair labor practices order. The NLRB granted summary judgment in favor of the union. The Third Circuit granted a petition for enforcement of the NLRB order to bargain, rejecting FedEx’s argument that the NLRB applied a unit-determination standard that violated its own precedent, the National Labor Relations Act, and the Administrative Procedure Act. The Board’s interpretation of the legal standard to apply in unit-determination cases was reasonable and the Board properly applied “the overwhelming-community-of-interest test” in this case.
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