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Old 12-12-2013 | 07:42 AM
  #72  
Ronaldo
Gets Weekends Off
 
Joined: Jul 2011
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From: Under beer over couch after skool
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Zoo, you are quoting the representation section. There is not representation dispute and you won't have one until an authorized party petitions the NMB to reinvestigate STS. After reversal of STS then you need to be found a separate craft and class, then you can have a representation election or do whatever you feel like.

The NMB has been enjoined in the past from allowing non-representative parties to petition for single carrier, I expect they might be hesitant to allow any random group of pilots to petition for STS reinvestigation. Don't get me wrong, I think it'll happen, it'll just take a long time I suspect.

Railway Labor Executives' Ass'n v. NMB, 29 F.3d 655 (D.C.
Cir. 1994), cert. denied sub nom. National Ry. Labor Conference v. Railway Labor Executives’ Ass’n, 115 S. Ct. 1392 (1995). On remand the district court enjoined the NMB from investigating representation disputes sua sponte or at the request of a carrier and invalidated the Merger Procedures (Rail) insofar as they purported to authorize such investigations.

I think the burden for investigating the reversal of STS would naturally be higher than investigating for finding of STS. Again, I'm not sure so it would be nice to see your sources. Besides sections of the representation manual that don't deal with STS or reversal of STS.
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