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Old 03-01-2018 | 03:58 AM
  #118  
Baradium
Gets Weekends Off
 
Joined: Dec 2006
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From: 737 FO
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Originally Posted by Lewbronski
The RLA does not tie your hands anywhere near as much as you think it does. In fact, it hands you a metric ton of leverage if only you and your union knew how to use it.

What is the only real leverage any airline union truly has year in and year out regardless of any other circumstances? The answer is the credible threat to one day in the future pose the threat of legally resorting to self help under the framework of the RLA.

The steps to self help are:

A. Enter into federal mediation with the NMB. This is the longest and most drawn-out part of the process. There is not set time limit for mediation. However, the courts have made pretty clear in their rulings that if your union plays the game right (bargaining in good faith and being willing and available to meet regularly), at around the 2 to 2.5 year point is where you might feasibly get released from mediation if the two sides are at an impasse. If your union does not play the game right, then you can expect a much longer stay in mediation. There's no getting around the fact that mediation is the really torturous part about the RLA but it is not as one-sided as is commonly reported.

B. Turn down arbitration

C. Enter into a 30-day cooling off period

D. Depending on the size of your airline and the potential impact upon interstate commerce, expect a 60 day Presidential Emergency Board to be convened. Effectively, this acts as an additional 60 days of cooling off for a total of a 90 day cooling off period.

E. If, after the 90 days, either side does not agree to a settlement, the union is free to resort to self help and the company is free to lock you out.

The President has no power under the law to stop you from striking. He/she can only delay a strike by 60 days.
You lost the whole rest of your argument at bullet point A.

The national mediation board has to declare an impasse before anything else can happen. All they have to do is not declare an impasse and you will never get to a cooling off period. In recent history this has been their response to prevent strikes. Spirit wasn't released until they started to charge for carry on bags and given a strike as a punishment for it.
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