Overview
UPS supports the equal application of labor laws to employees who perform the same tasks and job functions at different companies. As a result of FedEx Express's origin as an airline, the company's drivers and other non-airline specific employees are governed by the Railway Labor Act (RLA). By comparison, similarly situated employees at UPS and all other express delivery companies are governed by the National Labor Relations Act (NLRA).
The U.S. Congress is considering legislation that aims to level the playing field in the express delivery industry by placing FedEx Express' drivers and other non-airline specific employees under the appropriate labor statute – the NLRA.
UPS supports the Express Carrier Employee Fairness Amendment in the FAA Reauthorization Act (Section 806 of H.R. 915), which clarifies the application of the two labor laws. The amendment will appropriately provide equal treatment under labor law to employees performing the same functions at different companies, and will eliminate the special treatment currently given to FedEx Express.
UPS believes the marketplace, not the unequal application of labor laws, should determine success.
No Rhetoric, No Spin, No Multi-million Dollar Campaign to Distort Reality…
JUST THE FACTS
Despite its efforts to distort the truth, FedEx Express can't avoid the facts: its drivers do the same job as every other driver in the industry, including UPS drivers. The Railway Labor Act (RLA) must be amended to eliminate the special treatment received by FedEx due to the unequal application of labor laws.
Ten Very Basic Facts
| Fact: | Despite the name-calling by FedEx, this issue is about fairness in competition and correcting an exception for FedEx. |
| Fact: | UPS wants Congress to eliminate special treatment provided to FedEx and place FedEx Express drivers and other ground employees under the appropriate labor law, the National Labor Relations Act. |
| Fact: | UPS is the strongest company in its industry and certainly has not approached Congress for any type of assistance. Even in this recession, UPS has seen a smaller decline in its air business than that experienced by FedEx. UPS is not seeking a "bailout" from Congress … the company is working to eliminate an exception given to FedEx. |
| Fact: | FedEx Express 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. FedEx uses its special exception status as a selling point against competitors, suggesting its coverage under the RLA makes it more reliable. |
| Fact: | The notion that its drivers should be covered by the RLA because FedEx was founded as an airline is illogical. The work that's performed, not your history as a company, should determine which law applies to your employees. |
| Fact: | UPS and FedEx have similar operations and both transport packages by airplane. However, your package isn't delivered to your door by a pilot of an airplane. The package must be placed on a truck and is driven by a delivery driver to your place of business or home. |
| Fact: | UPS and FedEx both deliver approximately 2.5 million express packages each day. FedEx's claim that UPS ships 85 percent of its goods by truck is false. FedEx's claim that only 6% of all UPS drivers carry express packages likewise is false; the correct number is 95%. |
| Fact: | FedEx currently has more than 100,000 NLRA-governed employees who are not unionized. Yet, the company is trying to convince the U.S. Congress and customers that amending the RLA will increase its labor costs. FedEx's history doesn't demonstrate that its NLRA-governed employees will be unionized. In fact, the only unionized FedEx employee group is its cadre of RLA-governed pilots. |
| Fact: | Amending the RLA will appropriately level the playing field in the express delivery industry. It is the role of Congress to ensure proper application of the law. That's why UPS believes Congress is the proper forum to resolve inconsistencies. |
| Fact: | Telling the truth doesn't cost anything…especially a multi-million dollar campaign. |
As part of its "multi-million dollar lobbying campaign," FedEx stated in a June 9 press release that "UPS and FedEx are fundamentally different companies." Really? Someone needs to read Fact #10.
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