Originally Posted by
fdxflyer
Although Tony did not answer my question about fiduciary responsibility of not taking on retro when others are against it - . . .
Sorry -- didn't mean to slight you or ignore a question.
Originally Posted by
fdxflyer
Hey Tony --
You commented that the union had a fiduciary responsibility not to grieve the ANC 11FO thing because they couldn't win. Is there any fiduciary responsibility not to fight for retro when the national is against it and (according to my LEC rep) FDX ALPA doesn't think they can actually achieve it?
OK, first let me make sure I'm using the word "fiduciary" correctly. Merriam-Webster has three definitions, the third being "depending on public confidence for value or currency." I was thinking along the lines of value and money, but a more correct use I believe emphasizes public confidence. Considering that, I think I chose a poor word, but it still leaves a good question.
What I should have said is that the union has a financial obligation to grieve cases that can be won, and to carefully consider, and probably
not grieve cases where we have no chance of prevailing. It costs a great deal of money to take a case through the grievance process, and spending the money where we know there will be no return would be financially irresponsible. (And maybe there's a place where "fiduciary" belongs in that process, too, but I'll get back to that.) The same financial responsibility doesn't really come in to play when considering the position of retrospective versus prospective for the implementation of a change to the Age 60 rule. Since it doesn't cost money to support one view or the other, the comparison to the Domicile transfer/Passover pay issue doesn't work.
Does the MEC Chairman have an obligation to hold the confidence of the members in his trust? Absolutely. While admittedly it is a risky business to promote a position that is not popular, I don't think he is disregarding what he honestly thinks is in the best interest of all members of the Class and Craft which he represents. In fact, in order to represent all of them, he has to support a position that will not leave a segment of them behind. To implement a rule prospectively will tell those already over 60 that they cannot benefit from the rule change, while all other members of the Class and Craft can benefit.
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