The answer: FedEx and UPS as they fight tooth and nail against each other over the FAA Reauthorization Act of 2009.
Chris Ferrell, Associate Director of the Supply Chain Consortium, is not only a transportation and benchmarking and best practices guru, he also knows an enticing, controversial story when he sees one. As you’ll see in his post below, FedEx and UPS are in a heated battle involving unionized labor. Chris pulls out the humor in the situation, while summarizing a pretty serious situation.
Here’s what he has to say.
___________
As a transportation professional, I have been fascinated by the recent wrangling between United Parcel Service (UPS) and FedEx over how the two parcel giants should be governed. You see, FedEx has launched a multimillion dollar ad campaign, including a thinly-veiled website that takes potshots at UPS for promoting legislation aimed squarely at making it easier for FedEx employees to unionize. In response, UPS quickly replied with a very direct press release, which also has a lot of valid points.
I encourage you to take a look at both websites, if for no other reason than the hilarious parody of UPS’s "whiteboard guy" with the goofy haircut. But be forewarned: Both are as heavily slanted as you might expect, and there are no innocent victims here.
Here’s the meat and potatoes of the situation: The FAA Reauthorization Act of 2009, which passed the House on May 21 by a 2:1 ratio, has a clause (Section 806, for those so inclined) that essentially says that those employees of express delivery services who are not directly involved in the airplane component (flying, maintenance, loading/unloading, etc.) should be governed by the National Labor Relations Act (NLRA) rather than the Railway Labor Act (RLA). Section 806 takes up a little more than one page of an otherwise mundane 325-page bill intended to appropriate funds for the FAA through 2012.
The RLA has overseen the railroads since 1926 (amended to include airlines in 1936) because of the unique aspects of transportation networks. It exists "to avoid any interruption to commerce and to assist in the prompt settlement of disputes," while working "to ensure the right of employees to organize." This has the effect of allowing employees to unionize but only if they vote to do so nationwide, and even then, it effectively prevents them from utilizing organized labor’s most damaging weapon: the prolonged strike. The NLRA, on the other hand, allows for any definable group – a specific type of employee, employees at an individual location, etc... – to elect to unionize.
FedEx, which began exclusively as an overnight delivery airline, was correctly placed under the jurisdiction of the RLA and is largely non-union. UPS, which began in the time of the horse-and-carriage, is governed by the NLRA and is heavily unionized. Still, I doubt many of today’s consumers could tell a discernable difference between the modern-day versions of the two companies, as both offer a full line of next-day air, second-day air, and ground services ... and there is absolutely no difference in the pickup and delivery components of the two competitors.
So, on the one hand, UPS is entirely correct to want the same rules imposed on their competition (and make no mistake, the legislation is absolutely being driven by UPS). On the other hand, no one who remembers the UPS strike during the fall of 1997 would deny that the parcel giants have the potential to cause prolonged "interruption of commerce" capable of crippling an entire economy.
For its part, FedEx has its own history of exploiting political loopholes. Before they got into the ground and parcel business, the company went to great lengths to get all of its air-express employees under the jurisdiction of the RLA. They have also taken the oft-criticized (by unions and lawyers) and highly scrutinized (by the I.R.S.) tact of classifying their drivers as independent contractors rather than company employees. So, despite consistently being named to lists of best places to work, FedEx clearly sees sporadic – or even wholesale – unionization as a legitimate threat.
From a business perspective, the correct answer would be to have UPS governed by the RLA. UPS even made that case when they originally launched their air service; however, the Teamsters blocked UPS’s attempt to re-classify, and the two competitors have been playing by different rules ever since. So, should a company be able to maintain an exclusive competitive advantage even though it’s no longer unique, or should the playing field be leveled – likely at the expense of consumers – by legislation manufactured by its unionized competition, which has nothing to lose?
Neither choice seems right to me, but the issue has never really been about right and wrong. Rather, it is about two competitors, unchecked, inflicting as much damage to each other as possible. My guess is that the bill passes with the provision intact and that FedEx will be subjected to the NLRA – and potentially the Employee Free Choice Act (EFCA) – which is either pork barrel spoils for organized labor or the path to rebuilding America's middle class, depending on your perspective. But that’s another blog post altogether.
So, is one company more "right" here than the other? How do you think this will turn out? And what will be the ramifications of the outcome (good or bad)? Let me know what you think.
Chris Ferrell