FedEx Home Delivery v. NLRB, No. 14-1196 (D.C. Cir. 2017)Annotate this Case
FedEx petitioned for review of the Board's conclusion that single-route FedEx drivers based at the Hartford, Connecticut terminal were "employees" under the National Labor Relation Act, 29 U.S.C. 151 et seq. In FedEx Home Delivery v. NLRB (FedEx I), 563 F.3d 492 (D.C. Cir. 2009), this court held that single-route FedEx drivers working out of Wilmington, Massachusetts were independent contractors, not employees, as the latter term was defined in the Act. The court concluded that this current case was materially indistinguishable from FedEx I; the Hartford single-route FedEX drivers were independent contractors to whom the Act's protections for collective action did not apply; and the court granted FedEx's petitions, vacated the Board's orders, and denied the Board's cross-appeal for enforcement.