Old 05-04-2021 | 04:58 PM
  #6  
StlLifer
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Joined: Feb 2017
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One problem that nobody talks about, is the problems you have when the union representative(s) are mainly interested in hob knobbing with the company management. Not all of the reps, but at least one did back then, big time.

This case was pretty typical of how GoJet operated. They demanded that the pilot fly to Missouri to see "their" doctor before he could return to work once the FAA checked and approved him. The contract and FMLA said they could not do this. He pointed out the contract forbid that. The VP of Ops sends out an email to set him up so they could fire him. They terminate him and the union (Teamsters) files a grievance. GoJet refuses to arbitrate, their standard operating procedures to delay things. 13 months later they arbitrate about whether GoJet must arbitrate. Arbitrator rules they must arbitrate. GoJet still refuses. Pilot must file complaint before the statute of limitations expires or lose the right to sue. He files. Gojet then argues that he can't sue because the contract requires that he arbitrate statutory clams. It does not. A court had already ruled the contract did not require arbitration of statutory claims in another case. GoJet files motion to dismiss case. Judge says no, the contract does not require arbitration. That judge retires. Gojet files motion for Summary Judgment saying contract requires arbitration, new judge says-no it doesn't. GoJet loses trial. Gojet moves for judgment arguing the contract required arbitration. The court again says, no it doesn't. GoJet files an appeal claiming contract required arbitration only, appellate court says no, for the 5th time.

The funny thing is, GoJet is still refusing to arbitrate, even on the claims that are not statutory. I guess after a while, everyone just gives up on the arbitration. Perhaps it is time for ALPA?

Here is another case where GoJet made the same argument, and surprise, they lost the argument. Gojet settled the case then so it could not serve as settled law. With the appellate decision they won't be able to do that. https://casetext.com/case/south-v-gojet-airlines
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