FedEx Freight, Inc. v. National Labor Relations Bd.

Federal 7th Circuit Court
Civil Court
Labor Law
Citation
Case Number: 
Nos. 16-1360 & 16-1395 Cons.
Decision Date: 
October 12, 2016
Federal District: 
Petition for Review, Order of N.L.R.B.
Holding: 
Petition denied

Record contained sufficient evidence to support Bd.’s finding that proposed collective bargaining unit of only employer’s truck drivers was properly composed unit. While employer argued that said unit should also have included its dockworkers, since said workers shared same employment interests and concerns, dockworkers did not have sufficiently similar interests and concerns, where: (1) truck drivers and dockworkers did not have comparable jobs; and (2) truck drivers were paid considerably more than dockworkers and had greater benefits. Moreover, employer’s proposed unit held potential of strife between truck drivers and dockworkers to extent that dockworkers would seek wage and benefit equality with truck drivers. Also, employer failed in its burden to show existence of dockworkers’ “overwhelming” community interest with truck drivers to overcome Bd.'s decision.