Originally Posted by
tomgoodman
Thanks. I knew that the UAL pilots' "status quo" rule would expire after 30 days, but I wondered if the CAL pilots might be blocked from action by their own "status quo" requirement, since they are currently working under a different contract. If both groups get a simultaneous release, of course, it's not an issue.
Tom,
Therein lies the potential "rub" in such a circumstance.
Without getting too deep into either of the Acts, there is nothing in the RLA or Norris-LaGuardia Act that prohibits "honoring" a picket line. So, while this is all currently a hypothetical scenario, yes, CAL pilots could go on a "sympathy" strike and honor the UAL pilot's picket line legally.
Such sympathy strikes are not forbidden in anyway; however, that does not mean that the company would not file to enjoin the CAL pilots if they elected to do so.
The precedent is there (Eastern vs ALPA) from when the pilots elected to honor the IAM picket lines in early 1989. Unfortunately, even though the case went to appeal to get the ruling, Eastern prevailed because they were able to prove ALPA's pretext through its formal statements made to the membership. In other words, able to get the court to consider ALPA's sympathy strike (legal) as merely a pretext for its own agenda (getting released) and using the opportunity to engage in self help before all provisions of the RLA had been exhausted with regards to ALPA.
Clear as mud?
Frats,
Lee