If JB were actually able to pull that one off, it would set a terrible precedent for all carriers regardless if they are operating under Subparts Q or S of the FARs. I'm sure ALPA, APA, SWAPA...etc are keeping a watchful eye out to see if this subject pops up again.
Just out of curiosity... Does JB heavy crew there transcon flights so they can get the plane and crew back to JFK?