Originally Posted by
ClickClickBoom
And what I said was as it relates to SKYW. With a CBA there is the opportunity to give and take things that may not be in line with labor law. The airlines with CBAs and the Dr. note thing is a negotiated item, lacking a CBA, labor law/case law will dictate how the employer operates. My point was and still is, as it relates to SKYW, the PPM directly is contradictory to case law as are more than a few other points, what they have going for them is that even the government has few data points as to how the RLA, Federal Labor Law, State Labor Law apply to a non CBA controlled airline labor group. With very little precedent established with regards to the unique situation of non CBA airline employees, they are free to do almost whatever they want. That's why the F/As lost the last lawsuit.
Do the DD research, read the case and decision, very interesting stuff. When individuals stand up to the behemoth, with sound legal basis they will win, not that DD "won", but he did prevail.
"Sickations" are already addressed in 3006.6 4(D).
Not sure what your point is. Are you in favor of a union, or opposed, or not even talking about that all?
SKW is not going to win a lawsuit based on confusion as to how the RLA applies to non-union airlines. RLA amends certain federal labor laws that apply to unionized workforces.
An informal CBA (like SAPA has) actually has some slight advantages. Unlike a union CBA, it cannot give away individual rights to protection under routine labor law (like union CBAs which for example can allow less-than-minimum wage for duty time, and limit employee lawsuits). But it's still an enforceable legal contract like any other business agreement between various parties.