Thread: DEN ops
View Single Post
Old 12-26-2022 | 08:20 PM
  #88  
waterskisabersw
Spikes the Koolaid
 
Joined: Jul 2015
Posts: 435
Likes: 16
From: 737
Default

Originally Posted by rickair7777
Maybe. In some cases RLA (federal) supersedes state/local labor laws, so if the CBA allows it, it might be kosher. Kind of like I'm sure DEN is cool with you toking up on lunch break but FAA/DOT will shred all your certs in a heartbeat.
This is not the case, legally. I'll try to be general with this, and not try to bring in constitutionality.

Look at the recent quagmire regarding work rule requirements in California about having breaks. Held to be legal, constitutional, and binding all the way up the judicial food chain, and is resulting in multiple airlines reconsidering having California bases.

Look also at a lot of California, Colorado, and Illinois requirements for sick leave, harassment training, and parental leave. Also found to be binding for the airline, or at least crews based in that state.

It's about what is more restrictive. Federal law can supersede state law and vice versa, but only in that circumstance. And a CBA can't override/waive state OR federal law, despite what gets ratified and/or signed.
Reply