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

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


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