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The Leadership Conference on Civil and Human Rights

The Nation's Premier Civil and Human Rights Coalition

The Leadership Conference on Civil and Human Rights  & The Leadership Conference Education Fund
The Nation's Premier Civil and Human Rights Coalition

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

Endnotes

1 More precisely, FedEx Express and these other companies are known as “express package delivery companies.” This term refers to companies that use an integrated network of air and ground transportation to deliver time-sensitive shipments within one or two business days.

2 National Labor Relations Act, 29 U.S.C. §§ 151, et seq.

3 FedEx Facts, http://about.fedex.designcdt.com/our_company/company_information/fedex_express (last visited June 8, 2010).

4 The Railway Labor Act, 45 U.S.C. §§ 151, et seq.

5 UPS/ Teamsters Master Agreement, available at http://www.teamster.org/content/ups-master-agreement-2008-2013.

6 Clifford, Stephanie. “Campaign Against Rival Could Haunt FedEx.” The New York Times. June 10, 2009, quoting Professor James Brudney, Moritz College of Law at Ohio State University.

7 King, Jr., Martin Luther. Address before the Constitutional Convention. AFL-CIO, Bal Harbour. Fla., Dec. 11, 1961.

8 45 U.S.C. § 151.

9 O’Keefe, Jr., M. Rush. “RLA Jurisdiction for Express Companies.” Airline and Railroad Labor and Employment Law, Vol. 1. Oct. 23-25, 1997.

10 67 CONG. REC. 4509 (1926); reprinted in The Railway Labor Act of 1926, A Legislative History, at 171 (1988).

11 45 U.S.C. §§ 181-88.

12 NLRB: The First Sixty Years, available at http://www.nlrb.gov/nlrb/shared_files/brochures/60yrs_15-20.pdf.

13 45 U.S.C. § 181.

14 29 U.S.C. §§ 152 para. 2.

15 29 U.S.C. §§ 152 para. 3.

16 An Outline and Procedure in Representation Cases, Office of the General Counsel, National Labor Relations Board, at 18 (June 1974, ed.) quoting Northwest Airlines, 47 NLRB 498, 501–02 (1943).

17 NLRA, 29 U.S.C. § 151(a).

18 RLA, 45 U.S.C. § 152 para. 9.

19 Eischen, Dana. Representation Disputes and Their Resolution in the Railroad and Airline Industries, in The Railway Labor Act at Fifty 1, at 58-68. (Charles Rehmus ed., 1977) (discussing the NMB placing all employees of the same “craft or class” in the same bargaining unit).

20 29 U.S.C. § 159 (b).

21 Hananel, Sam. “New Rule Makes Union Organizing Easier at Airline, Railroad Companies” Associated Press Newswires, May 10, 2010.

22 http://www.airlines.org/PublicPolicy/Judicial/Documents/court_5-17-10.pdf (last visited June 8, 2010)

23 FedEx Corporation is a member of the ATA, and it is among the ATA members that have joined in the lawsuit.

24 In re: Application of the Int’l B’hood of Teamsters, 6 NMB 442, 444 (March 22, 1978).

25 FedEx Corporation – Investor Relations – Railway Labor Act, http://ir.fedex.com/releasedetail.cfm?releaseid=388559 (last visited June 8, 2010).

26 Nyden, Paul. “FedEx Battles Over Unions” Charleston Gazette, Aug. 2 2009.

27 Ibid.

28 Clifford, Stephanie. “Campaign Against Rival Could Haunt FedEx,” The New York Times, June 10, 2009, quoting Professor James Brudney, Moritz College of Law at Ohio State University.

29 See Collective Bargaining Raises Wages — Especially For Women and People of Color, http://www.aflcio.org/joinaunion/why/uniondifference/uniondiff4.cfm (last visited June 8, 2010). Unionized employees earn 28 percent more than their nonunionized counterparts. The union wage benefit is greatest for people of color and women. With union representation, African-Americans earn 29 percent more, Latinos earn 50 percent more, Asian-Americans earn 4 percent more, and women from every background earn 34 percent more than their nonunion counterparts.

30 Baron, David P. “Theories of Strategic Nonmarket Participation: Majority-Rule and Executive Institutions,” 10 J. Econ. & Mgmt. Strat. 47, 50 (2001).

31 In re: Federal Express Corporation, 23 NMB 32, 1 (Nov. 22, 1995).

32 Ibid. at 3.

33 Ibid. at 48.

34 Ibid. at 41.

35 Ibid.

36 Ibid.

37 Ibid. at 42.

38 Ibid.

39 In re: Federal Express Corporation and UAW, 323 NLRB 871, 872 (May 30, 1997).

40 ICC Termination Act of 1995, P.L. No. 104-88, sec 2, 109 Stat. 803 (1995).

41 Roberts, Williams. “FedEx Gets Its Way in Aviation Legislation,” J. Com., Sept. 27, 1996, at 1A.

42 Ibid.

43 Federal Express Anti-Labor Rider to FAA Reauthorization Bill Hearing, Sept. 30, 1996, 104th Congress, 2nd Session, 142 Cong. Rec. S. 11854 at *11855.

44 William Roberts, “Organized Labor set to Fight GOP on FedEx Rider,” J. Com., May 20, 1996, at 1A.

45 Id. at 1B.

46 Cloture Vote on Federal Aviation Administration Reauthorization, Oct. 3, 1996, 104th Congress, 2nd Session, 142 Cong. Rec. S 12225.

47 Federal Express Anti-Labor Rider to FAA Reauthorization Bill Hearing, Sept. 30, 1996, 104th Congress, 2nd Session, 142 Cong. Rec. S. 11854.

48 Federal Aviation Administration-Reauthorization Conference Report, Oct. 2, 1996, 142 Cong. Rec. S. 12166 at *12171.

49 Lewis, Neil A. “Federal Express Knows Its Way Around Capital.” The New York Times. Oct. 12, 1996, at 37.

50 Ibid.

51 Ibid.

52 Ibid.

53 Roberts, William. “Organized Labor Set to Fight GOP on FedEx Rider,” J. Com., Sept. 27, 1996, at 1A.

54 FAA Reauthorization Act of 2007, H.R. 2881, Sec. 806, addressing express carrier employee protection.

55 Ibid.

56 Ibid.

57 Ibid.

58 Sullivan, Bartholomew. “Senate Expected to Strip Amendment to Labor Law” Memphis Commercial Appeal, Sept. 21, 2007; FAA Reauthorization Act of 2007, 110th Congress, 1st Session, 153 Cong. Rec. H. 10637 at *10687.

59 Spence, Charles. “FAA Reauthorization Extended Yet Again.” General Aviation News. March 17, 2010 available at http://www.generalaviationnews.com/?p=20574 (last visited June 8, 2010).

60 FAA Reauthorization At of 2009, May 21, 2009, 155 Cong. Rec. H. 5913, 111th Congress, 1st Session.

61 Clifford, Stephanie. “Campaign Against Rival Could Haunt FedEx.” The New York Times, June 10, 2009; Sechler, Bob. “FedEx Begins Campaign against Labor Bill” The Wall Street Journal, June 9, 2009.

62 Bloomberg News. “FedEx’s Boeing 777 Order May Hinge on Labor Law.” Seattle Times, March 25, 2009; Bloomberg News.

“FedEx: Change in Union Law Would End Plan.” Pittsburgh Tribune-Review, March 11, 2010; Josh Mitchell, “FedEx CEO: Union-Backed Bill Would Hurt

Express Unit,” The Wall Street Journal, March 10, 2010.

63 Lerner, Jeremy. FedEx Head in Warning Over US Aviation Bill, Financial Times, March 11, 2010.

64 Sullivan, Bartholomew. “FAA reauthorization Bill Passes in Senate, without FedEx Provision,” The Commercial Appeal, March 10, 2010.

65 Berman, Jeff. “Parcel shipping: Senate passes FAA Reauthorization Act but labor classification differences between UPS and FedEx remain.” Logistics Management, March 23, 2010.

66 Keeping FedEx Jobs in the Middle Class in Los Angeles, A Blue Ribbon Commission Report, at 11, March 2009.

67 White, Joseph B. “Federal Express's Plans for Handling Tiger International Merger Anger Pilots,” The Wall Street Journal, Aug. 4, 1989.

68 Keeping Fedex Jobs in the Middle Class in Los Angeles, at 10.

69 Ibid. at 11.

70 Salpukas, Agis. “Labor's Showdown at Federal Express,” The New York Times, Feb. 7, 1993.

71 Hamilton, Dane. Teamsters to Start a Drive for FedEx Ground Workers, J. Com., Mar. 8. 1993, at 1A (reporting successful unionization vote by pilots in January 1993).

72 Fed Up with FedEx: How FedEx Ground Tramples Workers' Rights and Civil Rights, The Leadership Conference on Civil Rights and American Rights atWork, Oct. 2007, available at http://www.civilrights.org/publications/fedex/fedupwithfedex.pdf.

73 Estrada v. FedEx Ground Package Sys., Inc., 154 Cal. App. 4th 1, 9 (Ct of App. Cali, Sec. App. Dist. Div. One) Aug. 13, 2007.

74 Federal Express Anti-Labor Rider to FAA Reauthorization Bill Hearing, Sept. 30, 1996, 104th Congress, 2nd Session, 142 Cong. Rec. S. 11854.

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