Is ground now delivering Express freight?

[MrFedEx]

Federal Express Corp vs California Public Utilities Commission, 9th Circuit Court of Appeals, 1991:

The trucking operations of Federal Express are integral to its operation as an air carrier. The trucking operations are not some separate business venture; they are part and parcel of the air delivery system. Every truck carries packages that are in interstate commerce by air. The use of the trucks depends on the conditions of air delivery. The timing of the trucks is meshed with the schedules of the planes.

If you want to bring some of your other silly "COURIERS DON'T FLY PLANES THEY DRIVE TRUCKS!!' gibberish into the discussion...

United Parcel Service, Inc. vs NLRB, United States Court of Appeals, 1996:

Moreover, the NMB has typically required a trucking service that is commonly owned and operated with an RLA carrier to meet at least three criteria before the NMB would consider exercising jurisdiction over the service:
1:the trucker must perform services principally for an RLA carrier with which it is affiliated;
2:the trucker must be an integral part of that affiliate; and
3:the trucker must provide services "essential to the [RLA] carrier's operations."

And while we're at it...
Federal Express Corporation, NMB File No. CJ-6463, NLRB Case 4-RC-17698, 23 NMB No. 13 (Nov. 22, 1995):

The RLA does not limit its coverage to air carrier employees who fly or maintain aircraft. Rather, its coverage extends to virtually all employees engaged in performing a service for the carrier so that the carrier may transport passengers or freight. ... The limit [on coverage] is that the carrier must have continuing authority to supervise and direct [its employees]. ... The couriers, tractor-trailer drivers, operations agents and other employees sought by the UAW are employed by FedEx directly. As the record amply demonstrates, these employees, as part of FedEx’s air express delivery system, are supervised by FedEx employees. The Board need not look further to find that all of the FedEx [Express] employees are subject to the RLA. ...

It has been the Board’s consistent position that the fact of employment by a “carrier” under the Act is determinative of the status of all that carrier’s employees as subject to the Act. The effort to carve out or to separate the so-called over-the-road drivers would be contrary to and do violence to a long line of decisions by this Board which would embrace the policy of refraining from setting up a multiplicity of crafts or classes.

Oh, and there's this...
Federal Express Corporation, NMB File No. CJ-6463, NLRB Case 4-RC-17698), 23 NMB No. 13, at 73–74 (Nov. 22, 1995):

Where, as here, the company at issue is a common carrier by air, the Act’s jurisdiction does not depend upon whether there is an integral relationship between its air carrier activities and the functions performed by the carrier’s employees in question. The Board need not consider the relationship between the work performed by employees of a common carrier and the air carrier’s mission, because [the RLA] encompasses every pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers. ...

Even if the Board were to assume, arguendo that the “integrally related” test applies to the facts in this case, the Board would hold in concurrence with the [FedEx v. California PUC decision] that the trucking operations of FedEx [Express] are integral to its operations as an air carrier.


View attachment 418600

Cherry-picked and irrelevant to what's happening now with the hybrid. Good try.

 

[yadig]

Federal Express Corp vs California Public Utilities Commission, 9th Circuit Court of Appeals, 1991:

The trucking operations of Federal Express are integral to its operation as an air carrier. The trucking operations are not some separate business venture; they are part and parcel of the air delivery system. Every truck carries packages that are in interstate commerce by air. The use of the trucks depends on the conditions of air delivery. The timing of the trucks is meshed with the schedules of the planes.

If you want to bring some of your other silly "COURIERS DON'T FLY PLANES THEY DRIVE TRUCKS!!' gibberish into the discussion...

United Parcel Service, Inc. vs NLRB, United States Court of Appeals, 1996:

Moreover, the NMB has typically required a trucking service that is commonly owned and operated with an RLA carrier to meet at least three criteria before the NMB would consider exercising jurisdiction over the service:
1:the trucker must perform services principally for an RLA carrier with which it is affiliated;
2:the trucker must be an integral part of that affiliate; and
3:the trucker must provide services "essential to the [RLA] carrier's operations."

And while we're at it...
Federal Express Corporation, NMB File No. CJ-6463, NLRB Case 4-RC-17698, 23 NMB No. 13 (Nov. 22, 1995):

The RLA does not limit its coverage to air carrier employees who fly or maintain aircraft. Rather, its coverage extends to virtually all employees engaged in performing a service for the carrier so that the carrier may transport passengers or freight. ... The limit [on coverage] is that the carrier must have continuing authority to supervise and direct [its employees]. ... The couriers, tractor-trailer drivers, operations agents and other employees sought by the UAW are employed by FedEx directly. As the record amply demonstrates, these employees, as part of FedEx’s air express delivery system, are supervised by FedEx employees. The Board need not look further to find that all of the FedEx [Express] employees are subject to the RLA. ...

It has been the Board’s consistent position that the fact of employment by a “carrier” under the Act is determinative of the status of all that carrier’s employees as subject to the Act. The effort to carve out or to separate the so-called over-the-road drivers would be contrary to and do violence to a long line of decisions by this Board which would embrace the policy of refraining from setting up a multiplicity of crafts or classes.

Oh, and there's this...
Federal Express Corporation, NMB File No. CJ-6463, NLRB Case 4-RC-17698), 23 NMB No. 13, at 73–74 (Nov. 22, 1995):

Where, as here, the company at issue is a common carrier by air, the Act’s jurisdiction does not depend upon whether there is an integral relationship between its air carrier activities and the functions performed by the carrier’s employees in question. The Board need not consider the relationship between the work performed by employees of a common carrier and the air carrier’s mission, because [the RLA] encompasses every pilot or other person who performs any work as an employee or subordinate official of such carrier or carriers. ...

Even if the Board were to assume, arguendo that the “integrally related” test applies to the facts in this case, the Board would hold in concurrence with the [FedEx v. California PUC decision] that the trucking operations of FedEx [Express] are integral to its operations as an air carrier.


View attachment 418600

Old rulings, same old argument! The company has changed a lot since 95,96. Ttku

 

[59 Dano]

These rulings were handed down before Fat Freddy bought up RPS/ Caliber. A company operating under a different DOT operating authority.

Once again Fat Freddy wants it both ways. He wants to claim that the two are separate in order to keep the huge economies and anti union firewall the Ground contractor model provides him with. While at the same time further expand those economies
through the unofficial integration of the two OPCO's by dumping as much Express air box freight into Ground that he thinks he can get away with.

The question is....will he? Or is this another one of those "alternative facts" or "the truth isn't the truth" scenarios? A case where Ground is both Ground and Express whenever it benefits Fat Freddy. Sort of like the life of a Ground contractor. When it comes to total command and control...you're an employee. But when it comes to the divestiture of risk liability and variable cost.....well then you're an "independent contractor".

The acquisition of Ground has nothing to do with the status of Express.

 

[59 Dano]

Old rulings, same old argument! The company has changed a lot since 95,96. Ttku

LOL, ok son.

 

[FalconAss]

Years ago during the campaign when Obama was elected. Our District Director (Brian Hughes)came to our station and told us if Obama was elected the RLA would be gone and to ensure our jobs we had to vote for Republicans. The fear mongering didnt work and we are still here, RLA is too. The song remains the same.

 

[yadig]

LOL, ok son.

Thank you

 

[yadig]

The acquisition of Ground has nothing to do with the status of Express.

That makes as much sense if you wipe your axx before you

 

[bacha29]

The acquisition of Ground has nothing to do with the status of Express.

The discussion here is the utilization of Ground. A carrier whose operating authority is granted only as a ground package carrier.

 

[Aquaman]

E

The discussion here is the utilization of Ground. A carrier whose operating authority is granted only as a ground package carrier.

haven’t you heard? Express handing over a package to Ground magically transforms it from an airline parcel to a ground parcel. Same box. Just magic.

 

[Aquaman]

LOL, ok son.

I mean things are different. As an RTD we don’t even move a lot of the shuttle freight we used to. So much is contracted out to third party drivers. We’re almost exclusively heavyweight PUD drivers now. And majority of that freight also goes onto an Ozark truck. I personally think it’s dumb that 5% of our job being airline related classifies us as airline workers. Express is definitely trying to do less and less flying. Probably wasn’t the case back then.

 

[bacha29]

E

haven’t you heard? Express handing over a package to Ground magically transforms it from an airline parcel to a ground parcel. Same box. Just magic.

I saw a live CNBC interview with Fat Freddy the day he bought RPS. and here is exactly what he said....."RPS is a ground parcel post carrier. That is their market. Fedex is an express air carrier".

Now never mind what it's license and operating authority says Fat Freddy says Ground is going to haul air box . Pay no mind to the air box bar code label or the fact that the customer is being billed for air freight service or the fact that the truck pulling into the shipper's customers driveway plainly says GROUND on the side of it.

Obviously what Fat Freddy is doing is that he's daring his competitors and industry regulators to challenge him. If the regulators and his competitors back down then it's another big win for him . But in it's aftermath this industry will be no place for a person seeking employment . And for a contractor it will be a very poor place to invest their money....especially if it's borrowed money

 

[UnionStrong]

I mean things are different. As an RTD we don’t even move a lot of the shuttle freight we used to. So much is contracted out to third party drivers. We’re almost exclusively heavyweight PUD drivers now. And majority of that freight also goes onto an Ozark truck. I personally think it’s dumb that 5% of our job being airline related classifies us as airline workers. Express is definitely trying to do less and less flying. Probably wasn’t the case back then.

They been screwing your for years with that airline workers BS.

 

[yadig]

FedEx warns drivers not to throw packages or make 'obscene or offensive markings' on them

"It's easy to think these incidents won't happen, but they do, and they tarnish the FedEx brand," FedEx's memo warned.

www.businessinsider.com

Some new rules for contractors. You guys better tighten up or your contract is in jeopardy. Raj is watching

 

[59 Dano]

I mean things are different. As an RTD we don’t even move a lot of the shuttle freight we used to. So much is contracted out to third party drivers. We’re almost exclusively heavyweight PUD drivers now. And majority of that freight also goes onto an Ozark truck.

You're moving packages for an air cargo company. That's all that matters.

I personally think it’s dumb that 5% of our job being airline related classifies us as airline workers. Express is definitely trying to do less and less flying. Probably wasn’t the case back then.

Express flies more packages and more planes now than they did then.

 

[Cactus]

You're moving packages for an air cargo company. That's all that matters.


Express flies more packages and more planes now than they did then.

1. Prove it.

2. Prove it.

 

[zeev]

FedEx warns drivers not to throw packages or make 'obscene or offensive markings' on them

"It's easy to think these incidents won't happen, but they do, and they tarnish the FedEx brand," FedEx's memo warned.

www.businessinsider.com

Some new rules for contractors. You guys better tighten up or your contract is in jeopardy. Raj is watching

Problem is the biggest broker Patton of routes says you can’t make money as a contractor and his whole business is built around how profitable the Ground business is, keep throwing the packages there are no replacements.

 

[ManInBrown]

They been screwing your for years with that airline workers BS.

Bingo. The only thing even keeping FedEx in business is the RLA. If workers were ever able to unionize the company would be sold or go out of business. The volume could never support union wages. UPS would be so much stronger if the RLA was tossed. Would completely level the playing field by either putting FedEx out of business or severely crippling them. The Only hourlies making real money are the ones who have been there forever. Any new employee or one hired in the last decade will never make livable wages. The only thing FedEx the company has going for it is poverty wages. Hate to say it but it’s true.

And on a side note Dano if you aren’t an executive level employee very high up the food chain, you might be one of the most pathetic people I’ve ever encountered at an online forum. You’re bootlicking and bowing at the feet of a complete s c u m bag company is sickening. If you are a Memphis level executive carry on, completely understandable.

 

[UnionStrong]

Bingo. The only thing even keeping FedEx in business is the RLA. If workers were ever able to unionize the company would be sold or go out of business. The volume could never support union wages. UPS would be so much stronger if the RLA was tossed. Would completely level the playing field. The only thing FedEx the company has going for it is poverty wages. Hate to say it but it’s true.

And on a side Dano if you aren’t an executive level employee very high up the food chain, you might be one of the most pathetic people I’ve ever encountered at an online forum. You’re bootlicking and bowing at the feet of a complete s c u m bag company is sickening.

Your boss made a deal with the feds along the line.

 

[Gone fishin]

Bingo. The only thing even keeping FedEx in business is the RLA. If workers were ever able to unionize the company would be sold or go out of business. The volume could never support union wages. UPS would be so much stronger if the RLA was tossed. Would completely level the playing field by either putting FedEx out of business or severely crippling them. The Only hourlies making real money are the ones who have been there forever. Any new employee or one hired in the last decade will never make livable wages. The only thing FedEx the company has going for it is poverty wages. Hate to say it but it’s true.

And on a side note Dano if you aren’t an executive level employee very high up the food chain, you might be one of the most pathetic people I’ve ever encountered at an online forum. You’re bootlicking and bowing at the feet of a complete s c u m bag company is sickening. If you are a Memphis level executive carry on, completely understandable.

Seems like every company feeling higher up corruption. No way the teamsters would of allowed personal vehicle delivering freight years ago. Worlds changing for the worst

 

[UnionStrong]

Seems like every company feeling higher up corruption. No way the teamsters would have allowed personal vehicle delivering freight years ago. Worlds changing for the worst

My local stopped helpers meeting us with their own vehicles over 25 years ago. Now they use PVDs. Smh