FAA Reauthorization Act Of 2009

Floor Speech

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Mr. COHEN. This is an excellent bill, and Mr. Oberstar and Mr. Costello have done a great job. But there is a provision which affects the number one industry in my district, Federal Express, in a way that could be very adverse to my community and to that corporation. It lifts them out of the Railway Labor Act where they've been in their entire history and changes 80 years of case and court law. The Railway Labor Act was created to keep our labor moving and have labor and management in express carrier airline and railroad services work in a very special way to protect interstate commerce and keep it flowing. This could jeopardize that particular situation.

If we want to repeal the Railway Labor Act, that's one thing, but to lift a company out of it specifically is not fair when there has not been a hearing. My airport authority, my Chamber of Commerce, and most of the business leaders in my community are against the bill for this reason, and for that reason, I will have to vote ``no.'' But there is so much good in it, it's a regrettable vote.

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Mr. COHEN. Mr. Chair, I rise to express my concern with the FAA reauthorization bill in its current form.

The FAA Reauthorization bill contains many good improvements that will benefit aviation and the nation as a whole. However, the bill includes a provision that is completely unrelated to the FAA and could have the most damaging effect on the constituents in my district of Memphis.

I am very concerned about the inclusion of language that seeks to change the laws with respect to only one company, FedEx Express, which is the largest employer in my district. The Federal Express Corporation, which includes FedEx Express, employs approximately 30,000 hard working Memphians.

The FAA reauthorization bill, as currently drafted, includes a provision that would shift the employees of one company, FedEx, from coverage under the Railway Labor Act (RLA) to governance under the National Labor Relations Act (NLRA).

FedEx Express and FedEx Corporation have been governed under the Railway Labor Act (RLA) since their inception. Some have said this change will put FedEx Express on an even playing field with competitor United Parcel Service (UPS). However, this is not accurate. Unlike UPS, which started as a walking/bike messenger system, FedEx Express has always been an air cargo carrier. I can understand why UPS would want their top competitor to be under the same labor laws. However, the two companies have different origination histories.

There are over two decades of findings by the Federal courts, the National Labor Relations Board and the National Mediation Board that reaffirm Federal Express is an ``express carrier'' under the Railway Labor Act. The Ninth Circuit United States District Court in California has also reemphasized this and it is the law of the land.

If it is the intent of Congress to do away with the Railway Labor Act that is one thing, but it's another to simply pick out one term because of one company. There is a long history with respect to our nation's labor laws, and the inclusion of three types of entities under the Railway Labor Act: railroads, airlines and express carriers.

This is a very complex issue that could have drastic consequences, which could negatively impact our interstate commerce. A hearing should have been held in order to have an adequate public exploration of the policy surrounding the issue or the effect on private industry and the nation, or in this case, one company.

Mr. Chair, through my long legislative career, I have always been a strong supporter of collective bargaining and I have been a longtime friend to labor. I have stood with them on important issues, like minimum wage, Davis Bacon, and trade agreements to protect American jobs and support American standards.

However, this is not about denying workers an opportunity for collective bargaining, this provision is about switching the jurisdiction of a technical term in our labor laws in order to affect one company. Because this provision was included in the FAA reauthorization bill, I was asked by the Memphis Chamber of Commerce and the Memphis Airport Authority to oppose it.

The question is one of fairness. Laws should not single out a person or a company, particularly when the law does not properly fit the circumstances. In this instance, making this so-called technical change will have a devastating effect upon the biggest employer in my District. In this already tough economic climate, the effects will be felt beyond Tennessee's Ninth Congressional District because FedEx is a great economic presence in our country and our world. Now more than ever, we need a steady stream of interstate commerce, which could very well be disrupted by this legislation. Such a disruption could cripple our economy.

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