Originally Posted by Lewbronski

This post is representative of part of the problem with our pilot group. The point of entering mediation earlier rather than later is because “time in mediation” matters. The idea is to start the clock because typically the NMB will not even begin to consider a release from mediation until roughly 2.5 years have been spent in mediation (though the latest episode with the railroads may indicate that the NMB is turning over a new leaf). Had we filed for mediation 18 months ago, we would still be about a year away from maybe being considered for release. If we file for mediation today, it’s at least 2.5 years away (again, unless the NMB has changed its tune).

In some respects, operating effectively in a RLA environment, which, like it or not, is the environment we operate in, can be viewed as playing a game. Part of playing the RLA game is starting the mediation timer. In cases that have gone before the courts involving questions of a release from mediation, “time in mediation” is weighed far more heavily than “time in negotiations.”

Unfortunately, very few in our pilot group have looked very deeply into the RLA and how it works to understand basic concepts like this. The only thing, in terms of playing the RLA game, that we must watch out for is filing for mediation so early in the process that we appear to be trying to short-circuit the system. Again, much of this is gamesmanship. Reference the NMB’s 2010 “Dunlop Report.”