Hmmmm,This may open some doors to destroy Ground.

bbsam

Moderator
Staff member
Bbsam will be here shortly to try to squash this like a bug in 5, 4, 3, 2, 1.
No. This is what I keep saying. If you want to change.the way Ground does business, you will have to challenge the law. Also I pointed out that it's not just Ground that will be affected and considering income disparity it probably needs to.
 

thedownhillEXPRESS

Well-Known Member
How do you stretch restaurant franchising to contracts with ISP's in the transportation industry? Keep trying.

Does this paragraph below from the article sound like most every Ground argument?
It's degree of control,one can insert "Fedex" in place of Mcdonalds and it sounds super familiar.
This ruling is not exclusive to only one company.

McDonald’s can try to hide behind its franchisees, but today’s determination by the N.L.R.B. shows there’s no two ways about it: The Golden Arches is an employer, plain and simple,” said Micah Wissinger, a lawyer in New York who filed some of the cases against McDonald’s. “The reality is that McDonald’s requires franchisees to adhere to such regimented rules and regulations that there’s no doubt who’s really in charge.”
 
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bbsam

Moderator
Staff member
Does this paragraph below from the article sound like most every Ground argument?
It's degree of control,one can insert "Fedex" in place of Mcdonalds and it sounds super familiar.
This ruling is not exclusive to only one company.

McDonald’s can try to hide behind its franchisees, but today’s determination by the N.L.R.B. shows there’s no two ways about it: The Golden Arches is an employer, plain and simple,” said Micah Wissinger, a lawyer in New York who filed some of the cases against McDonald’s. “The reality is that McDonald’s requires franchisees to adhere to such regimented rules and regulations that there’s no doubt who’s really in charge.”
Yes, but there you go again. "Degree of control". That's the tantalizing grey area that companies and government love to exploit. The phrasing of the law is purposely vague and subject to a wide range of interpretation.

Note that the quote you used was one from the plaintiffs' lawyer. I'm certain McDonalds and Fedex legal have their own compelling take.
 

Cactus

Just telling it like it is
Yes, but there you go again. "Degree of control". That's the tantalizing grey area that companies and government love to exploit. The phrasing of the law is purposely vague and subject to a wide range of interpretation.

Note that the quote you used was one from the plaintiffs' lawyer. I'm certain McDonalds and Fedex legal have their own compelling take.
So?

All smoke and mirrors my good man.

Once the fan is turned on, it becomes rather obvious.
 

CJinx

Well-Known Member
I can't say I know enough about fast food franchises to really comment. If a franchisee gets, well.. disenfranchised, are they allowed to be a standalone restaurant? Who owns the building, are the outside vendors exclusive, etc?
 

barnyard

KTM rider
I would imagine that right about now, lawyers representing lobbying firms are meeting to draft laws that would negate the above ruling. It would not be the 1st time a lawsuit has been filed and won, only to be negated by a law written by the industry.
 

bbsam

Moderator
Staff member
So?

All smoke and mirrors my good man.

Once the fan is turned on, it becomes rather obvious.

I would imagine that right about now, lawyers representing lobbying firms are meeting to draft laws that would negate the above ruling. It would not be the 1st time a lawsuit has been filed and won, only to be negated by a law written by the industry.
if you don't believe it when I say it cactus, maybe barnyard explains it better. This isn't just about FedEx. That's why changing Ground is so incredibly difficult.
 

barnyard

KTM rider
Besides FE, this would also affect any trucking company that uses a 'lease to own' model or even those that use owner ops, but require forced dispatch. Add to that all the franchise restaurants, plus any other franchise business (UPS store, for example) and it turns into a formidable group.
 

barnyard

KTM rider
Caught a story on CNN about the above ruling. The commentator suggested that McDonald's is already working with legislators to get a law passed that would negate the ruling. It is expected to be debated and voted on in September. I'll bet FE helps draft that law too.
 

TUT

Well-Known Member
What I've witnessed in the past 10 years... totally need to organize at many places. Obviously the 1%'ers forgot about the delicate balance and well now the correction.
 

vantexan

Well-Known Member
I would imagine that right about now, lawyers representing lobbying firms are meeting to draft laws that would negate the above ruling. It would not be the 1st time a lawsuit has been filed and won, only to be negated by a law written by the industry.
Except right now there is a Democrat controlled Senate and Presidency so said laws won't be passed. If said laws are still passed then the working class has been betrayed again by the very politicians that took campaign contributions from you know who and kicked the FAA bill down the road until the Repubs took control of the House in 2011, killing any chance of a union at FedEx. So at least we know who to blame.
 

MrFedEx

Engorged Member
Except right now there is a Democrat controlled Senate and Presidency so said laws won't be passed. If said laws are still passed then the working class has been betrayed again by the very politicians that took campaign contributions from you know who and kicked the FAA bill down the road until the Repubs took control of the House in 2011, killing any chance of a union at FedEx. So at least we know who to blame.

Hey, van. It's amazing how you spin everything so it appears that evil Democrats hate unions and are pro-FedEx and Smith.
 

MrFedEx

Engorged Member
Bbsam will be here shortly to try to squash this like a bug in 5, 4, 3, 2, 1.

I think Sammy knows that Ground is a scam He also knows that it would be tough to challenge the Ground model. The gray area of "degree of control", and Smith's money and power create a major wall.
 
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