Report Highlights How Labor Law Anomaly Prevents FedEx Express Ground Transportation Employees from Being Represented by a Union

Today, The Leadership Conference on Civil and Human Rights released a report highlighting the fact that nearly 100,000 FedEx Express ground transportation employees are being denied a fair chance to be represented by a union and improve their wages, benefits and working conditions because the company is misclassified under federal labor law.

The report, “Railroaded Out of Their Rights,” explores the historical anomaly of FedEx Express’ coverage under the Railway Labor Act (RLA), which is uniquely designed to regulate the railroad and airline industries. Similar package-delivery companies are covered under the National Labor Relations Act (NLRA).  Congress is debating the FedEx Express anomaly as part of the Federal Aviation Administration (FAA) Reauthorization Act.

Under the RLA, a union must organize on a company-wide basis – which means a union now faces the nearly impossible task of organizing at one time all employees across the country that do the same or similar work. Under the NLRA, by contrast, a union can organize on a location-by-location basis.

“Companies that provide a similar service and that are operated in a similar way should be treated similarly under the law,” said Wade Henderson, President of The Leadership Conference.  “FedEx’s opposition to being covered under the NLRA is not about corporate rivalry; it is about denying workers their civil right to be represented and protected by a union.”

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.  The report is a product of the Workers Rights initiative of The Leadership Conference.

The report is available online, at lcprd.actbot.co/fedex

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The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its 200-plus member organizations, visit www.civilrights.org.