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From The Chairman: Transition to Ground
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<blockquote data-quote="59 Dano" data-source="post: 4405171" data-attributes="member: 23516"><p>First off, this is confined (mostly) to this single thread, which was a joke of a thread anyway.</p><p></p><p>The whole point of this particular spat was to goad him into arguing about RLA status and pressing him over and over about discussing the actual standards used by the National Mediation Board because I knew he doesn't know anything about them. That's why I kept referencing them up each time he'd come up with some dumb station lawyer argument. He doesn't have any idea what any of them are and I wanted to keep pointing that out.</p><p></p><p>Since you're pouting about it, might as well bury the issue once and for all unless a certain someone refuses to accept defeat.</p><p></p><p>MF constantly babbles that couriers are a special group of employees that shouldn't be considered airline employees even though they are airline employees. Alrighty then. The National Mediation Board determines if truck drivers should be covered under the RLA, as there are RLA employees who don't work for any airline.</p><p></p><p>The standard test used has three parts, all of which apply to couriers:</p><p></p><p>Does the driver perform services principally for the RLA carrier with which it is affiliated? (Yes)</p><p>Is the driver an integral part of that affiliate? (You guessed it)</p><p>Does the trucker perform services essential the the RLA carrier's operations? (LOL!!)</p><p></p><p>And then there are other tests...</p><p></p><p>*The extent of the carrier's control (100%)</p><p>*The amount of access the carrier has to the company's routine and records (100%)</p><p>*The extent that the carrier has in employment decisions (100%)</p><p>*The extent that the carrier supervises those employees (100%)</p><p>*Whether the company employees are held out as carrier employees (100%)</p><p>*The degree to which the carrier controls employee training (100%)</p><p></p><p>Not that ANY of this matters because Express is an airline and couriers are employees of that airline, and thus are subject to the RLA which applies to "every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service."</p><p></p><p>AND</p><p></p><p>The NMB has exercised jurisdiction over Express ground service employees multiple times as far back as 1978, when the IBT first sought to challenge the RLA status of Express. </p><p></p><p>AND </p><p></p><p>The NMB has stated that it wouldn't not invoke the unprecedented move of carving out an exception for employees that are rightly covered under the act.</p><p></p><p>To summarize, even if one is delusional enough to believe that FedEx Express couriers aren't employed by an airline, they pass all the tests used by the board to determine if couriers should be covered by the RLA, MF's LSD-fueled arguments notwithstanding.</p></blockquote><p></p>
[QUOTE="59 Dano, post: 4405171, member: 23516"] First off, this is confined (mostly) to this single thread, which was a joke of a thread anyway. The whole point of this particular spat was to goad him into arguing about RLA status and pressing him over and over about discussing the actual standards used by the National Mediation Board because I knew he doesn't know anything about them. That's why I kept referencing them up each time he'd come up with some dumb station lawyer argument. He doesn't have any idea what any of them are and I wanted to keep pointing that out. Since you're pouting about it, might as well bury the issue once and for all unless a certain someone refuses to accept defeat. MF constantly babbles that couriers are a special group of employees that shouldn't be considered airline employees even though they are airline employees. Alrighty then. The National Mediation Board determines if truck drivers should be covered under the RLA, as there are RLA employees who don't work for any airline. The standard test used has three parts, all of which apply to couriers: Does the driver perform services principally for the RLA carrier with which it is affiliated? (Yes) Is the driver an integral part of that affiliate? (You guessed it) Does the trucker perform services essential the the RLA carrier's operations? (LOL!!) And then there are other tests... *The extent of the carrier's control (100%) *The amount of access the carrier has to the company's routine and records (100%) *The extent that the carrier has in employment decisions (100%) *The extent that the carrier supervises those employees (100%) *Whether the company employees are held out as carrier employees (100%) *The degree to which the carrier controls employee training (100%) Not that ANY of this matters because Express is an airline and couriers are employees of that airline, and thus are subject to the RLA which applies to "every air pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers, subject to its or their continuing authority to supervise and direct the manner of rendition of his service." AND The NMB has exercised jurisdiction over Express ground service employees multiple times as far back as 1978, when the IBT first sought to challenge the RLA status of Express. AND The NMB has stated that it wouldn't not invoke the unprecedented move of carving out an exception for employees that are rightly covered under the act. To summarize, even if one is delusional enough to believe that FedEx Express couriers aren't employed by an airline, they pass all the tests used by the board to determine if couriers should be covered by the RLA, MF's LSD-fueled arguments notwithstanding. [/QUOTE]
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