Thread: TRO Document
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Old 05-26-2017 | 03:50 AM
  #10  
FL370esq
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Originally Posted by Andy
Status Quo. DALPA lost a court ruling on this matter ~2004 and APA lost a court ruling on this ~2009. Legal precedent is in Spirit management's favor on this matter. Of course the intimidation campaign by some individuals didn't help SPA.
Status quo is an interesting concept. The Delta issue came down to hard evidence by a few union officials pushing the "No OT" campaign coupled with a measurable decrease in voluntary overtime flying when compared year-over-year.

Absent the union intervention and "fingerprints," I think a Court would be hard-pressed to issue a TRO to compell pilots to fly voluntary overtime. TROs usually "stop" stuff rather than compell someone to do something....hence the "R" (Restraining) in TRO. Even with past practice (i.e., X amount of trips are covered by voluntary OT), are you obligated to fly over and beyond the terms of your contract? It becomes an interesting legal exercise.

Good luck!
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