Open Memo to United States Senate:

As a limited-government/free market grassroots advocacy organization, Citizen Outreach RARELY finds itself on the same side of public policy issues as organized labor. We oppose EFCA, support right-to-work, oppose prevailing wage, support paycheck protection, oppose project labor agreements, and support worker replacement during strikes.

I mention this only because some conservative, pro-business organizations have reflexively sided with FedEx over an amendment dealing with express delivery drivers in the FAA reauthorization bill. We have taken a different position – and it sure isn’t because we have Big Love for Big Labor.

As you know, the controversy in this matter has to do with a labor law reform provision (Section 806 of HR 915) which would place FedEx Express delivery drivers under the same labor law as every other delivery driver in the country, including UPS drivers.

FedEx Express has launched a misleading and disingenuous multi-million dollar PR and lobbying campaign to fool the public (and Congress) into believing this field-leveling provision amounts to a “bailout” for UPS. In fact, all it does is close an old, unintended loophole in the law that currently provides FedEx Express an unfair marketing advantage over its competitors.

A “bailout,” by any reasonable definition in this political climate, is the government providing taxpayer-funded financial assistance to a struggling company to help keep it afloat. This amendment provides no such financial assistance to UPS and UPS certainly is in no danger of going under.

Simply calling something a “bailout” doesn’t make it one.

And what does it say about one’s position on an issue if you need to distort and mislead the public and Members of Congress to advance it?

FedEx Express drivers are drivers, not pilots. And they should be covered under the same labor law as every other driver. This issue is simply one of fairness and equal protection under the law – two rock-solid American principles.

We respectfully urge the Senate to close the FedEx Express loophole when it passes the FAA reauthorization bill.