What does air safety and modernization of the air traffic control system have to do with FedEx’s profitability? Apparently a lot, considering they just blocked the $53.3 billion FAA Air Transportation Modernization and Safety Improvement Act in Congress.

FedEx

FedEx

To be precise, the Memphis, TN based FedEx got their home state Senators (Bob Corker & Lamar Alexander) to place a hold on the FAA bill (S.1451), blocking it from moving forward in the Senate. Why are they doing this?

FedEx has 290,000 employees and contractors, out of which only the pilots are the major unionized bloc. FedEx has been able to prevent unionization because it operates under the Railway Labor Act (RLA), while it’s main shipping competitor UPS falls under the National Labor Relations Act (NLRA).

The difference is that the FedEx workers can’t vote locally to decide whether to join a union. It has to be done on a national basis, which has so far prevented the unionization. The 240,000 UPS employees are members of the Teamsters Union, and if FedEx ended up in the same boat, that would give UPS an even playing field.

FedEx currently gets away by classifying many of its employees as contractors, which allows them huge flexibility in terms of benefits and long-term commitments.

To even the playing field, the US House included a measure to bring FedEx under NLRA, in its version of the FAA bill (H.R. 915) which it approved last year. Ever since, FedEx has been busy lobbying to make sure the Senate doesn’t follow suit. They’re calling it a ‘bailout’ for UPS.

The FAA reauthorization bill includes essential funding for FAA operations for FY2010 and FY2011, air safety measures, aviation research funding, and implementation of Nextgen – the modernization of the air traffic control system from a land-based system to a satellite based one.

Unless the Senate promises the Tennessee Senators and FedEx that it won’t bring FedEx under NLRA, the FAA reauthorization bill won’t move forward, putting air safety and aviation infrastructure at risk. If they do make this promise, there are 290,000 FedEx workers who will have to bear the consequences for a long time to come.

Photo by Sir Mildred Pierce

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