FEDEX HOME DELIVERY v. N.L.R.B.

No. 14-1196 Consolidated with 15-1066, 15-1116.

849 F.3d 1123 (2017)

FEDEX HOME DELIVERY, AN OPERATING DIVISION OF FEDEX GROUND PACKAGE SYSTEM, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 2017.


Attorney(s) appearing for the Case

Maurice Baskin argued the cause for petitioner. With him on the briefs was Joshua Waxman , Washington, DC.

Michael J. Gray , E. Michael Rossman , Columbus, OH, Steven P. Lehotsky , Washington, DC, Warren Postman , Richard Pianka , Arlington, VA, and Linda E. Kelly were on the brief for amici curiae Chamber of Commerce of the United States of America, American Trucking Associations & National Association of Manufacturers in support of petitioner.

Kellie Isbell , Attorney, National Labor Relations Board, argued the cause and filed the brief for respondent. With her on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Robert Englehart , Supervisory Attorney.

James B. Coppess , Washington, DC, argued the cause and filed the brief for amicus curiae AFL-CIO in support of respondent. With him on the brief were Lynn K. Rhinehart , Matthew J. Ginsburg , Andover, MA, and Laurence Gold , Washington, DC.

Before: Henderson, Kavanaugh, and Millett, Circuit Judges.


FedEx Home Delivery ("FedEx") offers package-delivery services to residential customers throughout the United States. 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 are...

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