View Single Post
Old 05-02-2012 | 12:17 AM
  #67  
Pilotbiffster
Gets Weekends Off
 
Joined: Mar 2012
Posts: 303
Likes: 0
From: 767 F/O
Default

Originally Posted by LeeFXDWG
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
Actually, Continental pilots contract specifically states that they aren't required to cross a legal picket line (UAL contract has a similar clause). No excuses.
Reply