But the Supreme Court’s April 12 ruling that they are in the transportation business opens the door for them to take the dispute to court.
That’s because the FAA — in its very first section — exempts from its mandate several types of workers, such as railroad employees and “any other class of workers engaged in foreign or interstate commerce.”
But at least it’s defined now so they don’t have wiggle room to take advantage of grey areas.
Every category has a surrounding grey area. Maximizing the number of categories is a path to maximizing the total grey area.