Originally Posted by
acl65pilot
Carl;
Read the PWA. It states that at the end of the three year measurement period, the company has one year to cure the deficit. IE, they are not out of compliance until the end of the cure period. No judge or arbitrator is going to side with labor if you file a grievance before the end of the one year measurement period. The non-compliance does not occur until the end of the cure period. Plain and simple.
We can agree or disagree about the language of the PWA and if it does or does not need to be changed, but what that does not do is change the language DAL is contractually held to. There is not non-compliance until the end of the cure period.
OK everybody, get your defibrillators ready. Carl is right about this... sort of. ACL, you are hiding behind legal technicality. What SHOULD be happening is that the lawyers should have the grievance documentation drawn up, and should file it within 10 seconds of the moment that the company is (legally) out of compliance. They should also let the judge know that this paperwork will be inbound so that he can make a ruling as soon as possible. There need be no study. There need be no debate. There need be no committee meetings after that moment. File it. Immediately.
I suggest a stronger voltage on the defibrillators.