Originally Posted by
expectholding
Financial penalties remove the grievance process (jetblue is complying with the "fine", therefore meeting terms of agreement and nothing to grieve) and that fine would likely be distributed to the whole pilot group instead of the pilot impacted by the non-implemented item. That doesn't work as well as you think.
As a reserve guy, I am most impacted by implementation. I'd prefer to start implementing rather than kick the can down the road. How'd that work for us when we voted no to a union...twice?
Reserve people aren't well covered by this TA.
Consider this legal scenario:
- You just signed up with a new cell phone service provider (or your existing one has temporary outtages).
- BJ pushes an assignment to you via JETCRW.
- You fail to acknowledge it and you don't see it on your phone until you get the notification and realize report time was 15 minutes ago.
- Now you have a "missed trip" on your Dependability Policy.
Now read the TA. Find me the language that defines positive contact in the context of JETCRW. Sure, it talks about it in regards to voice communications, but that isn't explicitly extended to JETCRW. Where is the language that defines what positive contact is in the context of JETCRW? Is it merely enough for BJ to push the data? What if an isolated technological fault occurs? Will they believe you or will you be treated as a liar?
Either way, if it's not in the contract, it doesn't exist. Don't let anyone else tell you otherwise because that is the legal standard. The alternative argument is: why bother having a contract if we could simply use assumptions & expectations to litigate everything?
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