The Leadership Conference on Civil and Human Rights

Railroaded out of Their Rights: How a Labor Law Loophole Prevents FedEx Express Employees from Being Represented by a Union

June 2010

"Railroaded out of Their Rights" explores the historical anomaly of FedEx's coverage under the Railway Labor Act (RLA), which is uniquely designed to regulate the railroad and airline industry. Similar package-delivery companies are covered by the National Labor Relations Act (NLRA). 

The Leadership Conference's report urges members of Congress to enact the pending FAA Reauthorization Act with the language approved by the House of Representatives, which would bring FedEx Express ground transportation employees under the NLRA and give them the same opportunity that similarly situated employees of other package-delivery companies have to organize. 

Full Report (PDF)

Table of Contents

• Executive Summary
• Introduction: The FedEx Express Labor Law Loophole
• The Statutory Framework: The National Labor Relations Act and The Railway Labor Act
• Union Organizing under The National Labor Relations Act and The Railway Labor Act: Different Rules
• Why FedEx Express Is Covered by the Railway Labor Act: An "Historical Anomaly"
• Efforts to Bring FedEx Express’ Ground Transportation Employees Under The National Labor Relations Act: The FedEx Corporation’s No-Holds-Barred Campaign in Opposition
• The FedEx Corporation’s History of Opposing Unionization
• Conclusion and Recommendation
• Endnotes