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Old 05-28-2015, 08:29 AM
  #183213  
newKnow
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Originally Posted by gzsg View Post
ALPA should be going to the Supreme Court to protect our mediacal privacy. Instead, they are helping management violate the law.

How secure do you think the companies records of our verifications are? Imagine when they are hacked are posted on the Internet?
Originally Posted by gloopy View Post
I think Guadeloupe Holdings honored AirTran's previously in house NPA negotiated scope/merger/fragmentation language completely. At the end of the day, the AT pilots agreed too. They may not have liked the merger results, but they liked their weak contractual language even less, and looking back on it probably for good reason.

But can a CBA waive your individual federal rights? If so, to what extent? Is there a limit? If a CBA established a mandatory company religion that was ratified by the majority, would that become compulsory for every employee? What if a CBA prohibited non traditional relationships? Could an employee expect to face dicipline for non compliance? And we're not talking about churches and little non profits. We're talking about huge for profit public companies.

I don't know the answer to this, but HIPAA is otherwise considered to be extremely strong federal law that protects an individual's medical privacy. Perhaps there is a CBA carve out in the law, but I've never seen or heard of that. Can a union legally waive that on your behalf? Can a company dicipline an employee for not agreeing to it? I really don't think anyone knows, although it appears the answer is no just upon first glance. It will probably take a press to test case to answer this, unless ALPA/APA or someone can successfully pursue a declatory judgement, which isn't always possible unless harm can be shown to have been done already to someone.

But clearly a CBA doesn't simply trump all federal law and individual protections and rights.
Why should ALPA go to the Supreme Court when they could simply reject the policy themselves?
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