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Old 07-13-2010, 10:38 AM
  #82  
Sluggo_63
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Originally Posted by Soyathink View Post
A truck is a truck. A plane is a plane. If the truck does not leave the airport ramp then that could be classified under airline ops.. If it is registered with the appropriate state and travels on public roads then it is the same as every other delivery company on the planet except Fed Ex. Tugs, same thing if they are driven on public roads and not on airport property, carts too. I have yet to see a tug or baggage cart deliver my package in my neighborhood.
So now your issue is WHERE the trucks operate, not how many. So it's okay that FedEx has 41,000 trucks, but it's just that they're on the open road. But that's not the legal criteria. You see, the RLA just doesn't cover airlines, but railroads, too. And I don't think that the railroads would fit your criteria of just having their trucks in the rail yard. Either way, I'll give you a airline example that bursts your theory. Try to buy a ticket on Continental Airlines from Newark, NJ to Allentown, PA. They'll charge you $1,400 for a non-stop flight, but when you read the small print, you are traveling on Continental Connection Bus Service. That's right, after you go through security, you go to gate C-whatever and get loaded on a bus which drives (over the open roads) to Allentown, PA, where you are unloaded into the terminal. So what labor law do you think those drivers fall under?
Originally Posted by Soyathink View Post
I have yet to see the catering truck with a cleaner deliver my package in my neighborhood. I've seen Fed Ex and UPS though.
You're right. I've also had on more than one occasion (more than I'd like to count) a big, grey van with 'United Airlines' painted on the side come to my house to drop off my three-day old lost luggage. How did they get there without me building a 5,000 foot airstrip in my backyard? Oh, yeah, roads...
Originally Posted by Soyathink View Post
How many Fed Ex trucks leave airport grounds and drive on public roads delivering packages. How many Fed Ex centers are off airport grounds and a tractor trailer delivers packages to thos centers off airport grounds? If truck mechanics are again based on airport property and fix trucks that are used on airport property IE the old yellow UPS Package Cars then yes they should be classified under RLA because they are involved in Airline ops sustaining the airline on airport property. If Fed Ex trucks never leave airport property then yep RLA.
Again, this is not the legal test to see if a worker falls under the RLA. It's a two-prong test (function and ownership) and nowhere does location come into play. American Airlines IT workers were found to fall under the RLA, even though they do not work on airport property. Their work was found to be integral to the airline's operation, and they were found to be owned by AA, therefore, RLA.
Originally Posted by Soyathink View Post
I was shown those in confidence. I will ask if I can post them for you to see. I will post tomorrow a couple of Fed Ex Smart Post tracking results. You can check under the Fed Ex Ground Site that smart post is under Fed Ex Ground. Thes packages went air though. The results will show that a package going from Dallas to Atalanta made it in under 8 hours. You cannot drive that by automobile in 8 hours. A train will not make it in 8 hours. I have a few examples of this to show if you want to see. I have to upload them to Flickr and they are on my other computer.
Soya, you are always haranguing everybody else in your posts for proof, proof, proof... but when asked to provide some, you have none. You can PM me the pictures, I will delete them after looking at them. Also waiting for an example where a FedEx Ground package went on an airplane. I'll give you another couple of days.

Here's my final though (until I get the pictures).

Until you can show me otherwise, here's how it works. FedEx Express is an airline, with airplanes, and vehicles. The vehicles are instrumental to the airline and they are owned by the airline. It has no bearing where the drivers drive, where they work, or that other drivers in this country fall under the NLRA. These FedEx Express drivers are airline employees that do a job vital and critical to the airline operation. Therefore they are rightly found to perform work under the RLA.

In my years at FedEx I can honestly say I have NEVER seen a FedEx ground truck at one of our Express sort facilities. Not in Memphis, nor Des Moines, Newark, or Fort Lauderdale. Never. It is a separate company, with separate sort facilities, separate infrastructure, separate everything.

Now, it is my understanding that UPS packages, whether you are shipping Air, Ground, whatever, all go to the same sort facility with intermingling of ground and air packages. That is the issue... there is no separate air drivers and ground drivers, therefore, NLRA. If UPS wants to break off their air division drivers from their ground network, then so be it. But until then, or until the Teamsters and UPS bully congress into writing a 'FedEx clause' unto the pending legislation, this is the way it will (and should) remain.

Originally Posted by Soyathink View Post
I appreciate good debate. You make some good points. Thank you.
Ditto. And seeing how I'm not convincing you and you are not convincing me, this is going nowhere, except to keep me from things I really enjoy doing, this is my last post on the subject (unless of course, I get those pictures from you).

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