Teamsters Target FedEx In Latest Corporate Responsibility Campaign
WASHINGTON (PAI)--The Teamsters are taking on FedEx--the nation’s largest
package delivery service and an aggressively non-union firm--in their latest
corporate responsibility campaign.
In a Sept. 2 letter to company shareholders, and specifically to mutual funds
and other large FedEx investors, Teamsters Secretary-Treasurer Thomas Keegel
seeks support of the union’s proposal that FedEx have an independent board
chairman. That would split the current duties of FedEx CEO Frederick W. Smith.
The Teamsters plan to bring up their proposal at the FedEx annual meeting in
Memphis, Tenn.
Keegel’s letter to the other investors said Smith's dual role as chairman
and
CEO of FedEx results in a CEO-dominated board incapable of providing the
rigorous, independent oversight of management that its investors require.
"With Smith at the helm, FedEx's board has presided over poor corporate
performance, excessive CEO pay, and an unlawful and unsustainable business model
that could cost FedEx billions," Keegel’s letter said.
Keegel noted that in fiscal year 2008, FedEx “reported disappointing returns
on
investment.” Nevertheless, The Corporate Library, an independent research
firm
on corporate governance, reported Smith accrued more than $42 million in total
actual compensation, he told the other investors. TCL data reveals FedEx
“significantly underperformed the trucking and shipping industry and the
S&P 500
Index on a 1-year, 3-year, and 5-year total shareholder returns basis,”
Keegel
pointed out.
He also raised concerns that Smith's control of a board full of conflicts of
interest led the FedEx board to rubber-stamp “an unlawful, unsustainable
business model at FedEx’s #2 revenue generating business segment, FedEx
Ground,
which has exposed the company to staggering legal and financial risks.”
“The FedEx Ground business model relies on the misclassification of employee
drivers as ‘independent contractors,’ to let FedEx to evade expenses
like
payroll taxes, overtime pay, and benefits. Numerous state courts and government
agencies are
now finding that FedEx Ground's ‘independent contractor’ model is
a sham and are
looking to collect the money workers and states have been denied,” the
letter
says.
One of those agencies is the IRS, which ruled that in 2002 alone, FedEx owed
hundreds of millions of dollars in payroll taxes for misclassifying its drivers
as “independent contractors.” Keegel’s letter cited news reports
calculating the
pre-tax liability from unpaid FedEx payroll taxes alone could reach $2.5 billion
nationwide.
"With no independent board leadership and management firmly entrenched,
we
believe shareholders face a ‘perfect storm’ as FedEx undergoes heightened
legal,
regulatory, and public scrutiny regarding FedEx Ground's driver
misclassifications," Keegel said. "Last year 27% of the vote by investors
supported our call for independent board leadership....Now, more than ever,
an
independent chairman is necessary to ensure the board confronts these escalating
challenges with rigorous, independent oversight of management."