Originally Posted by
BeatNavy
You can’t go into a labor dispute a day after a contract becomes amendable and negotiations open. I don’t think there’s any precedent for that, and I don’t think ALPA would take that stance. You have to at least try to negotiate in good faith, then file for mediation if that doesn’t work, then progress into a labor dispute if that doesn’t work. Full disclosure, I don’t know when we are set to open sec 6 negotiations if this passes, and/or the full term of the TA that is to be seen, but I can’t imagine ALPA wouid just go into labor dispute mode right away. And we won’t have the same leverage then as we do now.
Why not? We don't operate under the NLRA, but that's where the term "labor dispute" originates for purposes of statute, and here's how the NLRA defines a labor dispute:
"(9) The term “labor dispute” includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee."
29 USC § 152(9)
If we have early openers a year prior, then I'd say we meet this definition the first day past the amendable date that we don't have an agreement.