There are standards for this determination and you know exactly what they are. The fact that you can't base your argument for NLRB status on those standards tells us all what we already knew - there is no argument and that's why you're pulling arguments out of thin air (if not your arse) instead.
You're sucking for all you're worth, but it remains to be seen if the "new and improved" FedEx Express falls under the NLRA (and NLRB). How do you combine an RLA operation with Ground and not lose the exemption? It's clear you are creating "standards" that favor FDX and don't consider the fact that this is all "in house" and a scam. How do you contract out to yourself legally, and remain under the RLA? The conditions that created the bogus exemption in the first place have fundamentally changed.
Of course, Fred thinks he is infallible and that his Master Plan will work. Numerous legal decisions LOST by FDX confirm they often get it wrong.
Contracting out to a "third party" that is an in-house company doesn't pass the smell test, and Fredward deserves to lose his anti-union Kryptonite.
Fact: You've been lying about the Ground changeover for months, and I've been saying for years that they would do this, and they did. This has literally been planned for years, and now they've pulled the trigger because the deck seems extra stacked against workers. My thought is that FDX thinks they have an anti-union administration (they do), and an anti-union court system.
The Janus decision and the very recent "franchisee" decision may make Fred and Friends think they are bulletproof. It's kind of like the drunk who "knows" he's invisible. Calculated gamble, oh subservient Fred slave who blows so hard and long. Lying comes naturally to someone who has already sold his soul.
You lied before, have always lied, and continue to lie now. We'll see who prevails, shill.