Originally Posted by
Lurking
I have the redlined TA a friend emailed it to me but it so I have read and even offered to pay a friend who does Management contract negotiations his hourly rate to review it and he said NO.
Strange. I've never met an attorney who would refuse to do anything for their hourly rate.
Originally Posted by
Lurking
2. (Another big problem with sick leave in this TA is that even a lawyer can't understand what the rules actually are. It's overly-complex.)
- I think there is a lot of context that I am missing as I am new to this game however notwithstanding the foregoing
if you must rely on context history and SOP to interpret the TA then you run the risk of having a contract that becomes so vague (especially if SOP is applied differently at different bases) that it is unenforceable against either side and you will be in litigation.
Actually, I think it's the opposite here. There is too much language in the new Section 14, and I don't think ALPA fully understands the ramifications, while I am certain that the company already knows exactly how they are going to get maximum utility out of it.
If we vote this in, we are going to have to expend far more negotiating capital to fix it in the future than we're receiving from these paltry "raises" in this TA.
Originally Posted by
Lurking
G. Medical Release Requirement
A 1. The DHS or his designee may request further information from a pilot who is required to verify regarding his sickness or may require a pilot to provide a medical release when:
This should scare the crap out of the pilots. I can't find anywhere that his designee can not be a contract entity. I have seen plenty of posts that say it wont be the FA company or Dr SoSo is great but to me this is lawyering 101 this gives the company full authority to say it won't be so and so or we wont contract it out but does not limit them in any way shape or form for this to pass on Friday and them to say on Monday we did a cost analysis and we are contracting this out. Trust but verify and the only way you can verify in a contract is by actual language in the contract. Most states have what is called the four corners doctrine the agreement must be within the four corners of the agreement or it can not be considered by the Court. So if Delta put in an official memo they will not contract this out then they do you would not have a breech of contract complaint or a violation for the NMB you might have a fraudulent inducement complaint but not a strong one unless you can get the voting results by name and then have enough people who voted yes say this alone would have caused them to vote no but they relied on the company's memo saying they would not do this which is a seemingly insurmountable burden the same would stand if you wanted to complain to the NMB that the Company interfered with the vote.
Spot on. Delta already uses a third-party contractor to harass flight attendants into flying sick in lieu of dealing with sick verification. And even the most senior only get around 50 hours of sick leave per year, I believe.
Originally Posted by
Lurking
Ok I will crawl back in my little hole now.
Don't do that. We need people like you paying attention. Hopefully we can send this back, and your husband will be off probation and able to vote on the next one.