Originally Posted by
Tuck
I guess I just don't see how one could possibly interpret the CBA another way. It's one thing to say, well that section was not quite clear and they always allowed it a certain way. In this case, the CBA was quite clear. Like I said I've been here about as long as you have (2005), and never heard of anyone using that provision so while u may know of those that did, I don't believe it was overwhelmingly done.
If the company reinterprets something then I'd say, that's a grab. But with no leg to stand on ever?
It was more widely done than the amount of posts here indicate. I know of quite a few who did it. Many old time commuters did it. Frequently people would leave ANC on arrival to SEA and get a room at SEA airport for the layover. People would DH to SEA because it made for many more options to get home, and about a half day earlier many times. People used the provisions of 24 hour delay enroute domestically and 48 hours on international deviations to pay for the hotel. One could charge transportation too. How else would one use these delay provisions which are in the CBA? ...sleep on the floor in the airport? I myself and other people I know had hotels and transportation paid for from deviation bank for many years. I also have FOX expense reports with these items paid without question. Past practice was established and it is a change even if some people had never done it before. Many provisions of the CBA are implemented through practice even if they are not explicitly phrased in the CBA. Historical practice DOES establish contractual rights. Past precident works both ways. For example, a court would frown upon no one picking up open time just as a court would frown on any company changes to past practice. Even with a "new" CBA if these words weren't changed or renegotiated and nothing impacts these delay provisions in the negotiating notes, past practice should hold. I think it's very much worth passing on to the grievance folks even if they aren't currently aware. Just recently the MEC chairman's video asked for information because they can't act without data. I would be surprised and disappointed (once grievance receives data on FOX reports being paid) that they would not proceed forward. Remember death by a thousand cuts is what this amounts to. Affect only 50-100 people with each of these changes and the CBA continues to evolve--always in favor of the company!