Express volume finally moving to Ground...

bacha29

Well-Known Member
All seems to be going according to plan. Fat Freddy succeeded in getting the total number of contractors condensed plus heavily leveraged by demanding that they undergo a massive upsizing of scale .Now that there's a surplus of capacity , volume leveling off, shipping rates are under pressure Fat Freddy is now in a position where he can force contractors to accept a grossly unfair deal or face financial ruin which will occur even if they do take Fat's deal. Only difference is that it will take a bit longer to get there.
 

Fred's Myth

Nonhyphenated American
All seems to be going according to plan. Fat Freddy succeeded in getting the total number of contractors condensed plus heavily leveraged by demanding that they undergo a massive upsizing of scale .Now that there's a surplus of capacity , volume leveling off, shipping rates are under pressure Fat Freddy is now in a position where he can force contractors to accept a grossly unfair deal or face financial ruin which will occur even if they do take Fat's deal. Only difference is that it will take a bit longer to get there.
With over 600 Ground facilities, it's astonishing that none of the contractors have your unmatched insight.

They'll get what they deserve.
 

59 Dano

I just want to make friends!
While you guys were busy arguing Cramer had Brad Jacobs of XPO Logistics on Mad Money discussing it's plan to sell off it's intermodal and European operations then split in two. If anybody else decided to get into hauling small box I say it's XPO Logistics. Nonunion, big enough, cash rich enough to get into small box and might be able to sting UPS and Fat Freddy pretty hard.
Yeah, we know. The days of FedEx and UPS are numbered, again. Film at 11.

You would be a natural fit in the world of pro football talking heads.
 

59 Dano

I just want to make friends!
First, You never gave me any case where Fedex was respondent or a party regarding classification.
What you just just posted is a is a misrepresentation at best, a lie if offered to deceive.
Why is the court using the proper classification of Express as precedent in other cases?

Second, No case exists with Fedex answering to a challenge of their designation.
Because it would make no sense. Why would FedEx answer a challenge of their designation????
 

bacha29

Well-Known Member
Yeah, we know. The days of FedEx and UPS are numbered, again. Film at 11.

You would be a natural fit in the world of pro football talking heads.
Never said that. But in it's current configuration it will never be able to handle anything more than the slower moving less time sensitive parcel post type of shipments it was designed to handle. People will only tolerate being cuffed around to a limited degree You'll only get them to work just so hard for so little for so long.
 

floridays

Well-Known Member
Why is the court using the proper classification of Express as precedent in other cases?
They haven't formed an opinion whether the classification was proper or not, they merely stated, pertaining to existing statute Federal Express was formed as an airline and under that statute is defined as an airline.

They took the time to go into box counts that were air packages and those that didn't enter the air system. In reading an opinion that had nothing to do with the determination of Fedex's classification a lawyer would look at their reasoning as to why they denied UPS pleading, first and formost their founding and how FedEx is different beyond that. The court reviewed the box count and hinted it as a ground they may consider should it come before them.

Try reading what is implied or where there may be reservations in an opinion.
It's a case seeking a plaintiff. Learn something about how cases receive apellant review.
Why do you think I almost plead with hubworkers or couriers to force a response from the company? You have to force their hand or get it in a courtroom by any means and the means are few.
 

floridays

Well-Known Member
Because it would make no sense. Why would FedEx answer a challenge of their designation????
You used four, count them 4, question marks to display you ignorance. Do you understand what a respondent is? I screw up a whole bunch as well. I'll give you a break here unless you'd like to press it.

You just admitted there has been no case where FedEx defended their status or designation as an airline.
It's never been challenged, a court has never ruled. I have said this the whole time.
 

bbsam

Moderator
Staff member
All seems to be going according to plan. Fat Freddy succeeded in getting the total number of contractors condensed plus heavily leveraged by demanding that they undergo a massive upsizing of scale .Now that there's a surplus of capacity , volume leveling off, shipping rates are under pressure Fat Freddy is now in a position where he can force contractors to accept a grossly unfair deal or face financial ruin which will occur even if they do take Fat's deal. Only difference is that it will take a bit longer to get there.
Maybe not. The tax credit that most seem eligible for is such that many contractors will simply walk away and sell their trucks.
 

floridays

Well-Known Member
Maybe not. The tax credit that most seem eligible for is such that many contractors will simply walk away and sell their trucks.
Sam, I don't know you may have said but I missed it.
Did you ever purchase the Dodge Challenger? I think that's what it was.
How are your boys and your soccer fields?
Best to you.
 

59 Dano

I just want to make friends!
They haven't formed an opinion whether the classification was proper or not, they merely stated, pertaining to existing statute Federal Express was formed as an airline and under that statute is defined as an airline.

They took the time to go into box counts that were air packages and those that didn't enter the air system. In reading an opinion that had nothing to do with the determination of Fedex's classification a lawyer would look at their reasoning as to why they denied UPS pleading, first and formost their founding and how FedEx is different beyond that. The court reviewed the box count and hinted it as a ground they may consider should it come before them.
The court said nothing about a box count at Express.

Try reading what is implied or where there may be reservations in an opinion.
It's a case seeking a plaintiff. Learn something about how cases receive apellant review.
Why do you think I almost plead with hubworkers or couriers to force a response from the company? You have to force their hand or get it in a courtroom by any means and the means are few.
Then there's the case where a union sued the NLRB over its classification of Express as an RLA employer and the court ruled in favor the NLRB.
 

59 Dano

I just want to make friends!
You used four, count them 4, question marks to display you ignorance. Do you understand what a respondent is? I screw up a whole bunch as well. I'll give you a break here unless you'd like to press it.

You just admitted there has been no case where FedEx defended their status or designation as an airline.
It's never been challenged, a court has never ruled. I have said this the whole time.
It's probably news to you, but Express would NEVER have to defend its status or designation as an airline because -now read closely, this is complicated- THEY AREN'T THE ONES THAT DETERMINE HOW THEY'RE CLASSIFIED. Why would they have to defend a decisions that isn't theirs to make and they are unable to control?

That's Litigation 101. You don't have to defend decisions that you don't make and can't control. You'd think you'd know at least that much.
 

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bbsam

Moderator
Staff member
Sam, I don't know you may have said but I missed it.
Did you ever purchase the Dodge Challenger? I think that's what it was.
How are your boys and your soccer fields?
Best to you.
Nah. Sports cars seemed to be a passing idea. I do love old Jeep’s though.

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1652320948254.png

Just so happens we’re prepping for our annual soccer tournament this weekend. Perfect weather for it. Nice and hot and dry.
 

floridays

Well-Known Member
The court said nothing about a box count at Express.
They did.

Then there's the case where a union sued the NLRB over its classification of Express as an RLA employer and the court ruled in favor the NLRB.
Yeah but.
Cite it, I'll give it a read.
I have been clear in how to get the designation reviewed, the ways I have offered would compel the courts to force a union vote, there is no other alternative if fedex prefers to maintain domestic service. The court has no other power, there is no bargaining unit to serve and compel their membership to return to work. That is simply a fact, the question would be who flinches first. re.

I'm not a party, it makes no difference to me. You are, and you do not do the work that puts food on your table, it's the reason you resist.
 

floridays

Well-Known Member
It's probably news to you, but Express would NEVER have to defend its status or designation as an airline because -now read closely, this is complicated- THEY AREN'T THE ONES THAT DETERMINE HOW THEY'RE CLASSIFIED. Why would they have to defend a decisions that isn't theirs to make and they are unable to control?

That's Litigation 101. You don't have to defend decisions that you don't make and can't control. You'd think you'd know at least that much.
Because in the pleading the designation would be the first claim.
I know alot more than you buddy.
 
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