Originally Posted by
sailingfun
Courts do not make laws. They uphold laws. The only way to change the RLA is by getting Congress to pass legislation amending it. Good luck on even getting a congressman or senator to even suggest a change in committee let alone ever getting it to a vote.
No, they also invalidate laws..... They recently invalidated portions of the ACA, they recently invalidated sections of laws from a few states. Go ask any of the gay rights movement folks about using the courts to invalidate laws.
It would be very simple for the courts to determine that ACMI (and regionals for that matter) do not fall under the RLA and instead fall under the NLRA. The RLA clearly never envisioned the subcontractor business model. The RLA exists to preserve the status quo for uninterrupted service. There is no status quo in the subcontractor business model. The courts could simply place them under the NLRA until such time as Congress corrects the legislation.