The National Labor Relations Board (NLRB) has ruled that a group of FedEx Home Delivery drivers in Windsor, CT, are employees and thus eligible to vote in an upcoming election being held by Teamsters Local Union 671.

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Peter Hoffman, director of the NLRB’s Region 34, rejected FedEx’s position that those drivers are contractors and thus ineligible to vote on whether to unionize or not.

“The [contractor’s] agreement is presented on a take-it-or-leave-it basis,” he wrote in his decision. “Although the agreement states the mutual intention of the parties to reduce the geographic size of a contract driver’s route if there is an increase in customer and package volume, only [FedEx] retains the right to unilaterally determine and reconfigure a driver’s territory.”

He noted that this decision is the fifth since November 2004 to find these FedEx drivers to be employees under the National Labor Relations Act.

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