Originally Posted by Lewbronski

If your pilots engage in any kind of concerted work action, you risk getting a restraining order slapped on your union and/or an enormous fine levied against the union and, possibly, individual pilots. APA got fined $45 million in 1999 ($79 million in 2022 dollars) and the court said in 2001 that Delta could go after individual pilots if DALPA couldn’t rein in their pilots. So, know the risk. But maybe it’d be worth it if it produces results.

To prove a concerted action, UA wouldn’t really need to establish that any kind of conspiracy among pilots exists. They’d just need to prove via easily producible data that there had been a dramatic uptick in sick calls or a downturn in picking up of open time or whatever as of a certain date.

What management, the courts, and even the AFA realize is labor’s strongest leverage is the ability to pose the realistic threat of legal self help. Regarding their CHAOS strikes (legally available only after a release to self help), the AFA explained, “CHAOS is AFA's trademarked strategy of intermittent strikes and other non-traditional work actions. It is an integral part of our public contract campaign, and the strongest weapon in our arsenal.”

Since you guys haven’t even entered mediation, you pose ZERO threat of self help to management. You’ve stripped yourself of your strongest weapon. You’ve willingly decided to show up at a gun fight with just your fists.

At your guys’ TA road shows, ask your reps why they never filed for mediation in the 3.5+ years since they began talking to the company.. Maybe there’s a good reason for it that I can’t fathom. If they can’t produce a good reason, maybe you ought to begin an immediate recall campaign and seek, if your constitution allows, to delay or cancel the TA vote.