UPS, FedEx fire shots at each other from their trenches in New Mexico - Daily Finance For all its drama, the UPS v. FedEx skirmish in New Mexico was largely meaningless. Until the Senate version of the act is rewritten, this issue is stalled -- the bill is bogged down in committee, and it's unclear when it will find its way off the floor of the Senate. So for now, FedEx retains its financial advantage, with employees who have fewer rights to strike. In the end, this war could be reduced to an issue of necessity. When the Railway Labor Act was passed, America's rail lines were vital for the country's economic health. The inclusion of America's airlines in 1936 suggested that their status was equally vital. The question, then, is whether American commerce could survive a FedEx strike, or if rivals now have the ability to "absolutely, positively" get a package across the country overnight.