LOS ANGELES, May 6 (Reuters) - A federal judge on Monday
ruled that a small business contracted to deliver packages for
FedEx on the California-Oregon border must arbitrate
with FedEx over claims it made against the company of
racketeering and other alleged legal violations.
In granting FedEx Ground's motion to compel arbitration,
Judge Sallie Kim wrote that PYNQ failed to show it would be
unconscionable to require arbitration. Most legal disputes
between FedEx Ground and its contractors are resolved outside
the courtroom.
FedEx has vowed to "vigorously defend the lawsuit" and has
asked the court to dismiss the case.
PYNQ Logistics Services sued FedEx Ground on Nov. 14 in
federal court in Northern California, alleging that it engages
in a systemic pattern of illegal and wrongful business practices
that violate U.S. anti-racketeering law.
PYNQ asked the court to determine that its relationship with
FedEx Ground is that of an employee rather than a contractor,
and reserved the right to pursue the case as a class action.
The case appeared to be the first where a former FedEx
Ground contractor has sued the global delivery giant under the
U.S. Racketeer Influenced and Corrupt Organizations Act (RICO),
PYNQ's attorney told Reuters.
If the court had determined that FedEx Ground's roughly
6,000 contractors are employees, it could have driven up its
labor costs and threatened the delivery giant's ongoing efforts
to slash costs.