Labor Officials Conclude Bakery Distributors Can't Join Union

BOSTON — A federal labor official concluded that distributors of Bimbo Foods Bakeries Distribution LLC are independent contractors, not employees, and cannot join the Teamsters, which sought to represent nearly 50 distributors in New Hampshire. 

In a ruling issued Friday, National Labor Relations Board Regional Director John J. Walsh said the maker of Sara Lee, Arnold, Freihofer and other bakery brands met the burden of establishing the independent contractor status of the distributors, who purchase bakery products from a warehouse in Wilmington, Mass. Walsh said the distributors purchase the rights to a distributorship and are considered a business.

“Distributors are neither paid a salary or hourly wages nor have a minimum compensation,” Walsh said in his ruling. “Distributors handle their own accounting, manage their own expenses, and receive an IRS Form 1099 for tax purposes from Bimbo Foods.”

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