Regarding the link I provided, when drivers attempt to form unions to address their working conditions, they face an arduous route. First, they must prove they are employees, and not independent contractors who lack the federally protected right to form a union.
FedEx is governed by the National Railway Labor Act. The union feels that FedEx is mis classifying their package car drivers as contractors. Therefore they should not fall under the provisions of the NLRA and should be classified as employees and be governed under the NLRA National Labor Relations Act.
In other words, the union has been fighting on behalf of these employees who wish to form a union but are having a great deal of trouble doing so due to the current laws. Did that help?
Let me say first that I'm not interesting in flaming you guys or being flamed in return. I'm not giving opinions - just clearing up some inaccuracies that continue to be stated in this thread.
Many of you, including the post I quoted above, are confusing FedEx GROUND with FedEx EXPRESS.
FedEx EXPRESS was founded as an airline (under the RLA - Railway Labor Act) in 1971. Why is is called the RAILWAY Labor Act if it has to do with airlines? Because when the law was originally written in the early part of the 20th century, "airlines" weren't around and rail was the predominant mode of cross-country shipping. Airlines were added to the act in the 30s, if memory serves. (Not that I was around back then.)
FedEx EXPRESS was founded as an AIRLINE because -
THEY USE AIRPLANES TO MOVE SHIPMENTS IN AN EXPRESS MANNER ACROSS THE COUNTRY, ALL OVERNIGHT.
They use TRUCKS (vans, whatever) to make the original pick up and delivery - but all the trucking horsepower in the world ain't gonna get that contract or medical sample or critical computer component or whatever from NY to LA in less than 24 hours.
Now, all the employees at FedEx EXPRESS are company employees. Even if they're not flying the planes, even if they're driving the pick up and delivery vans - they are still employed by an AIRLINE and thus covered under the Railway Act. Keep in mind that the baggage handler who destroys your luggage at American Airlines and the lady at the airport ticket counter with her blank stare and bad attitude are AIRLINE employees too, and they're not flying the planes...)
SO FEDEX EXPRESS EMPLOYEES ARE NOT INDEPENDENT CONTACTORS.
Things are different at FedEx GROUND, which, like FedEx EXPRESS, is a separate and wholly owned subsidiary of the larger FedEx CORPORATION.
This is the company originally formed as RPS in the 80s (and purchased in the late 90s by FedEx) to compete directly with UPS on GROUND delivery of small packages. Their original business model was based on using INDEPENDENT CONTRACTORS and that model continues to be in use today.
There are many pending legal issues surrounding this model, but they don't apply to this debate over the classification of FedEx EXPRESS as an airline. They are two separate issues. One is a challenge in the courts (classification of GROUND's contractors as employees); the other is an issue in Congress (classification of EXPRESS - the company - as an airline.)
Why does UPS care? Because they were founded, much like FedEx GROUND (RPS) as a package delivery company - NOT an AIRLINE - under the National Labor Relations Act (NLRA.)
In the 80s, UPS decided to broaden their service offerings and started express overnight delivery - USING AIRPLANES - to compete with FedEx EXPRESS, and asked Congress to reclassify them as an AIRLINE,
SO THEY COULD TAKE ADVANTAGE OF THE RLA'S BENEFITS.
For whatever reason, that never happened. So recently, UPS decided to try a different tactic, and started asking Congress to remove FedEx EXPRESS from its AIRLINE status and move them from the Railway Labor Act to the National Labor Relations Act. The theory is that UPS believes if FedEx EXPRESS eventually became unionized, their operating costs would increase and they wouldn't compete as effectively.
So that's the story. As far as I know, everything I've posted is accurate and documented through multiple and various publicly available sources. Sorry, but I'm not going to footnote and cite all the sources. I think you can probably google any of it and find it yourself. I've tried to stay away from opinion and conjecture but if any slipped in - like the rude lady at the airport - I apologize in advance.
In the interest of full disclosure, I'm a 13 year empoyee of what is now FedEx FREIGHT - formerly of the American Freightways division of the company. I've no personal stake in any of this as long as my badge gets me in the door and my direct deposit hits the bank on schedule.
Just wanted to make sure everyone knew what they were debating.
Thanks
oaf