Originally Posted by
brewster
well that sounds like one messed up situation you guys have going on.
Seems clear that DHL is in violation of the DHL Airways CBA. My question would be if that CBA has any meaning now that DHL Airways does not exist any longer. And since DHL did not spin the boxes into Astar, the CBA cannot be held to the owners of Astar who purchase the CBA and who are responsible for its scope.
I can understand why ABX takes it hard when Astar has asked them to support Astar in the newspapers. I think I would to. I guess I am surprised I have not heard of fist fights between ABX and Astar pilots.
You guys have some real dirty laundry. Hope the gamble on the CBA comes out in your favor, if not don't expect ABX to just forget what they went through.
All excellent points Brewster. Two things.
When DHL Express signed our CBA, they didn't own us. They owned the max limit....49%. When they sold off their interest, it in know way invalidated our CBA. There's no provision in our contract that says if DHL changes ownership status in DHL Airways, our scope clause is invalid. Although that is DHL's claim in court. It would be nice if we could have had a judge rule on that issue, but the day closing arguments were made, ABX management showed up, (apparently not confident enough that we didn't have a case), and introduced a secondary claim against us, that our scope clause was entirely invalid due to the fact the apparently we are not covered by the RLA and since we, by there position fall under NLRA rules, and scope is illegal under NLRA rules, we can't have a scope clause that is valid.
Again, I understand the concern, animosity, whatever, but there are really only two positions....A. We don't have a case for scope because either our scope is invalid by the sale or we're not an RLA airline, or B. We do have a case, but we shouldn't have filed the grievance because of how it might affect ABX pilots, if we won. Course if that's the case maybe we should all do away with scope clauses, cause when they need to be grieved it might offend another group of pilots.