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Old 05-26-2016 | 05:08 PM
  #6337  
Phteven
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Joined: Mar 2014
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From: A321 - 39E
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Originally Posted by ALPAshutusdown
I am trying to figure out how it's an illegal work action to come into work everyday your are scheduled and fly your line as you are scheduled. Is there some requirement to pick up open time? Is it illegal to not work above what you are scheduled? What am I missing?

There is legal precedent for this, and when this has been pursued by company managers in the past they have not succeeded in getting restraining orders or injunctions prohibiting pilots from denying overtime. Delta tried this back in 2000 and the court said that though they found evidence of illegal job action, the allegations were insufficient and too vague.

http://law.justia.com/cases/federal/.../1356/2479936/

Regarding your question:

"There is no question that there is an ongoing concerted effort on the part of some Delta pilots to refuse overtime work and this Court recognizes that a campaign to ban overtime work or a concerted refusal to work overtime actively sponsored or promoted by a union may violate the RLA."

They go on to explain that the issue is a lack of sufficient evidence.

In short, a blatant "we won't pick up overtime until we have a contract" would almost certainly be construed as illegal, especially if ALPA openly endorsed it. However, it has been done before without court action.