In this report:
- 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
Conclusion and Recommendation
A basic equitable principle informs this report: companies that provide a similar service and that are structured and operate in a similar way should be treated similarly under the law. This principle should apply to the regulation of labor relations in the package-delivery industry, and in turn should guide Congress in determining the appropriate labor law coverage for FedEx Express' ground transportation employees.
Because RLA coverage of these employees is an "historical anomaly" that is unfair to the FedEx Express employees involved and gives FedEx Express an unwarranted competitive edge, Congress should close the FedEx Express labor law loophole. The Leadership Conference urges Congress to level the playing field by bringing these employees under the coverage of the NLRA and providing them with the same right to be represented by a union as similarly situated employees at other package-delivery companies. Toward that end, we recommend that the Oberstar amendment be included in the final version of the FAA Reauthorization Act.