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Old 03-01-2012 | 03:42 PM
  #91088  
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Carl Spackler
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Joined: Apr 2008
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From: 747-400 Captain
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Originally Posted by Rather B Fishin
If you could be so kind to educate us on a second question Carl. Prior to fNWA flight attendant's seeking self help in chapter 11, when has a U.S. District Court of Appeals ever prevented such self help????????????
That question had never been settled, because it had never been asked before from an airline in bankruptcy. Since it was unsettled law, the courts acted. A PEB and possible follow-on action by the Congress IS settled law. Even though the Congress has never done it before, they could. But that's beside the point of people here trying to frame a strike as an impossibility. It's just not true. The NMB is not a total blocking agent...witness the Spirit strike. PEB's do not stop a strike...it can only delay it a maximum of 60 days. Congress can intervene and impose a contract on a union...but they've never done so in history (that I know of anyway).

Carl