Senate Passes FAA Bill without FedEx Labor Fix

Economic Justice News 03.25,10

The Senate passed the $34.5 billion Federal Aviation and Administration (FAA) Reauthorization Act this week without a provision that would provide FedEx Express drivers and other ground employees with greater ability to form unions and protect their rights as workers.

The final passage of FAA reauthorization in the Senate came after Sen. Bob Corker of Tennessee, the home state of FedEx, reportedly secured commitments from Senate leaders that the provision, which he said “singles out” FedEx, would not be included.


The provision, which is in the House-passed version of the bill, would level the playing field in the express delivery industry by requiring FedEx Express’s drivers and other non-airline specific employees to be covered under the National Labor Relations Act (NLRA) like similar employees at other express delivery companies.


Currently, all FedEx Express employees are covered under the Railway Labor Act (RLA), which was passed to combat striking workers during a particularly tumultuous time for the railroad industry.  It is the only company in the express delivery industry with its drivers, loaders, and sorters governed by the RLA, a law designed for airlines and railroads.


A proper reclassification under the NLRA would also provide FedEx Express drivers and other non-airline specific employees an easier path to form unions because under the NLRA, workers can organize at local work sites.  Employees classified under the RLA, can only form a union by holding a national election. 


FedEx Express airline workers will continue to be covered by the RLA.


Unions have historically played a critical role in protecting the rights of workers, giving them an effective voice to address issues of health care, wages, and discrimination at the work place. On average, unionized workers earn higher salaries and have greater benefits than non-union workers.


Congress has until June 30 to reconcile the two bills.  The Teamsters and other civil rights and labor groups have been working to convince Congress to include the provision in the final bill to ensure equal application of labor laws.


“We are turning up the heat in Washington to make sure that the Congress does the right thing and makes FedEx play by the same rules as everyone else,” said Jim Hoffa, president of the Teamsters Union.