Old 09-01-2024 | 06:53 AM
  #6205  
bugman61
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Originally Posted by sailingfun
The RLA trumps state law and requires disputes to be settled in arbitration. The issues has gone through the courts many times. You can't sue the company for anything considered a minor dispute which this absolutely would be classified.
Originally Posted by notEnuf
Wrong, minor is undefined. Wage theft by a fortune 100 compamy on a corporate scale targeting a specific work group is anything but minor.
The RLA doesn’t exempt you from compliance with all state laws, even though management would like that to be the case. There are a number of state laws that still apply, the most noticeable are state sick any disability programs. Whether or not state laws about wage recoupment apply to us is still in debate, but there is a strong argument to be made that they do.

That being said, almost without exception, every time a union has challenged something to be a major dispute the courts have said it is just minor as subject to the grievance process. All that is required to make a dispute minor is for the company to be able to make an argument that it is permitted under the contract. It doesn’t matter how absurd the argument is. It’s highly unlikely that any of the pay audits would be considered major disputes solely based on timeline and notice. And if there is an issue with whether the pay is due or not, that would be covered under the grievance process.
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