View Single Post
Old 02-04-2020 | 11:29 AM
  #19  
RonRicco's Avatar
RonRicco
Line Holder
 
Joined: Jun 2009
Posts: 833
Likes: 5
From: Captain
Default

Originally Posted by fishforfun
Just to clarify, if I decide to fly no GSs this summer that’s a status quo violation because I did fly some previously? That is what I have heard on here.

Isn’t there a difference between status quo violations and contractual violations? For example, if for the last say 2-3 years bid packages were available on average the 2nd of every month. That’s not contractually required but it has become the status quo. Now, if there is a lasting change away from that wouldn’t that violate the status quo previously established?
If you decide not to fly green slips then that is you decision. If there appears to be a concerted effort to quit flying overtime to pressure negotiations, then that would be a violation and would most likely trigger a lawsuit.

Random contract violations are not by themselves a violation of the status quo. The bid package issue (and by the way, there have been many instances over the years when not in negotiations where they have come out close to the deadline) or any other issue that is similar, would really need to have true “past practice” and most likely have the appearance of negative intent.

There would not be a leg to stand on in this case IMO as it is within the contractual time limit, there has been no violation, it is not past practice since it has occurred before and there most likely would be easy justification because of SARS part 2.
Reply