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Old 02-03-2015 | 07:06 AM
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F9 Driver
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Originally Posted by ZapBrannigan
What tactics do they use?
If one side is in a hurry, the mediator "ices" them out. If you are dragging your feet, the mediator trys to speed things along. Bottom line is they are trying to push both sides to an acceptable outcome as quickly as possible.
Originally Posted by ZapBrannigan
How long does mediation typically last?
I don't know an average, but until the mediator declares in impasse, defined term under the RLA, and releases the parties into a month long cooling off period, also a defined term, neither party can violate the status quo that existed when mediation began. If, at the end of the cooling off period, there still isn't an agreement the parties are released for self help (strike or lock-out) unless there is a Presidential Emergency Board (PEB) empaneled which won't allow self-help, if one is created - they won't, and MAY impose terms based on the last best proposal from each party.
Originally Posted by ZapBrannigan
Under the railway labor act is there any incentive for management to sign a contract? Or does it benefit them to drag their feet indefinitely?
It depends on whether management sees a new CBA as higher cost or if they want to get some work rule / concession done to save the shareholders money. The RLA was put into place to keep the transportation system running, and puts labor at a "disadvantage" to say the least.
Originally Posted by ZapBrannigan
Has an airline contract ever been born from mediation, or does it typically have to go to arbitration or the cooling off period before an agreement is ratified?
Sure. There have been plenty of CBAs born out of mediation. They typically come down to the eleventh hour. Unless your contract calls for binding arbitration the above applies (impasse, cooling off, release or PEB)

I don't see SWA ever being released into self help since the stoppage of the largest domestic carrier would have a massive impact on other businesses and the financial health of the country, or at least that's what management would argue. There would be a PEB no matter what party the President represents.

I'd love to see full retro! The reality is it makes a good bargaining chip for SWAPA, but I seriously doubt it would be granted by a PEB or suggested as a serious part of negotiations by the mediator, and will be traded by SWAPA for something else with potential value during mediation.

I may be wrong about all of the above (the answers are worth what you paid for them) but wish you all luck!

Last edited by F9 Driver; 02-03-2015 at 07:12 AM. Reason: added arbitration response
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