I think we can all agree that the American League (AL) and the National League (NL) are each baseball leagues, competing in the same industry. In addition, I think we can all agree that the players in the American League perform the same job as the players in the National League. And the rules of the game in each league are the same, except for….
The Designated Hitter (DH) rule.
In head-to-head competition, the DH rule gives American League teams a decided advantage over National League teams. Which is why when an AL team plays an NL team, either both teams use the DH or both teams do not use the DH. Level playing field.
The question as to whether or not FedEx Express delivery drivers should be covered under the same federal labor law as UPS delivery drivers is just as simple.
FedEx has organized itself under what it calls an “integrated” system whereby two different drivers go to the same FedEx store to pick up packages. One driver will pick up packages that customers want delivered by air and another driver picks up packages from the same store that customers want delivered by ground.
UPS, on the other hand, sends one driver to the UPS Store who picks up both types of packages and then delivers them to the appropriate sorting facility for delivery. Sounds like the UPS model is far more fuel- and time-efficient, but like in Major League Baseball, each company can choose to operate in the manner it sees fit, until….
Until the two companies find themselves on the same playing field.
Which is exactly where each company finds itself every day in the competition for express delivery customers. And under existing law, FedEx Express clearly has a DH-like advantage in head-to-head competition with UPS thanks to a loophole in the law which allows its drivers/players to play under one set of rules while UPS drivers/players play under another.
Congress is the umpire. Therefore, it’s up to Congress to assure that either FedEx plays under the same labor law as UPS or that UPS plays under the same labor law as FedEx. The concept is as American as….well, baseball. Batter up!