Originally Posted by
FL370esq
I've said it before but never underestimate the ability of the NMB mediator to find a circumstance over which the company does not have control. Pre 9/11 in C2K, the term terrorist act was not in the force majeure definition yet 1,300+ were furloughed over the course of nearly a year and a half past the event. Just because "pandemic" isn't in there doesn't mean the "neutral" won't deem COVID a circumstance over which the company does not have control.
Minor point, but it won’t be an NMB mediator who makes that call. It would be a neutral selected by ALPA and the company under 19.G.2.
I agree with your larger point, when there is a grey area neutrals usually side with the company. They also tend to respond to necessity of business arguments very favorably.