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<blockquote data-quote="MAKAVELI" data-source="post: 4889887" data-attributes="member: 43825"><p>You're twisting what I quoted. The issue is control of the employees. FedEx has the exemption only because Ground and Express are separate. You are obviously trying to deflect from the fact that LMO freight is not enter the Express network.</p><p>Here's the quote again for you to try to twist.</p><p></p><p>RLA or NLRA?</p><p></p><p>FedEx and UPS Follow </p><p>the Money Trail</p><p>By Frank N. Wilner</p><p>The NMB responded that “there [was] no dispute” that FedEx Express is a carrier subject to the RLA with respect to its pilots and aircraft mechanics. As for its ground-service employees, the NMB ruled there was “no clear and convincing evidence to support” a decision other than affirming that those FedEx Express ground-service employees, such as package sorters and truck drivers, were subject to the jurisdiction of the RLA, not to that of the NLRA.The NMB justified its decision in favor of FedEx Express by pointing to § 181 of the 1936 statute that extended RLA coverage to airlines,10 which provides that “[E]very air pilot or other person who performs any work as an employee or subordinate official of such [air] carrier or carriers” is subject to RLA coverage. According to the ruling made by the NMB: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. ..</p></blockquote><p></p>
[QUOTE="MAKAVELI, post: 4889887, member: 43825"] You're twisting what I quoted. The issue is control of the employees. FedEx has the exemption only because Ground and Express are separate. You are obviously trying to deflect from the fact that LMO freight is not enter the Express network. Here's the quote again for you to try to twist. RLA or NLRA? FedEx and UPS Follow the Money Trail By Frank N. Wilner The NMB responded that “there [was] no dispute” that FedEx Express is a carrier subject to the RLA with respect to its pilots and aircraft mechanics. As for its ground-service employees, the NMB ruled there was “no clear and convincing evidence to support” a decision other than affirming that those FedEx Express ground-service employees, such as package sorters and truck drivers, were subject to the jurisdiction of the RLA, not to that of the NLRA.The NMB justified its decision in favor of FedEx Express by pointing to § 181 of the 1936 statute that extended RLA coverage to airlines,10 which provides that “[E]very air pilot or other person who performs any work as an employee or subordinate official of such [air] carrier or carriers” is subject to RLA coverage. According to the ruling made by the NMB: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. .. [/QUOTE]
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