Originally Posted by
Bill Lumberg
Carl wanted to see Bush's quote, and I gave it to him. You need to re-read it too. Bush wasn't going to allow it. Your quote above applies, but it could have been delayed for a long long time, essentially not allowing it. Same could happen today, especially if it would hurt the economy here. Then the head of the NMB says it could take 29 months to complete mediation, with a question mark after that. Can you see the point here? Help Carl out if you can.
Bill, the President cannot stop you from striking. Congress can.
Remember it's Direct Negotiations > NMB Mediation > Impasse > 30 Day Cooling Off > PEB created > PEB 30 day examination > if PEB rejected then 30 day cooling off period > Strike/Lockout.
You head that off via an agreement or agreeing to binding arbitration, but if that all fails and you get to the point a PEB can be created:
Presidential Emergency Board – Upon receiving notification from the NMB that a labor
dispute ―threaten(s) substantially to interrupt interstate commerce to a degree such as to
deprive any section of the country of essential transportation service,‖ the President of the
United States may appoint a Presidential Emergency Board (PEB). This Board, typically
made up of labor arbitrators, will hold hearings and make a recommendation on open issues.
The PEB has 30 days to investigate and render its report to the President.
Neither party is required to accept the recommendations of the PEB. In the absence of
intervention by the United States Congress (which has not occurred in the airline industry in
over 40 years), both parties may engage in self-help 30 days after the PEB issues its report to
the President.
Self Help – Self-help involves either or both sides engaging in some or all of a wide range of
permitted activities that are intended to bring economic pressure on the other party. While
the RLA does not specify allowable actions under self-help, court decisions over the years
have defined a number of parameters. The basics of union self-help involve strikes and
picketing, while the carrier’s basics involve implementing its proposed contract changes or
locking out and/or attempting to replace the striking workers.