Thread: Bidpacks
View Single Post
Old 09-08-2024 | 12:18 PM
  #44  
DaRaiders's Avatar
DaRaiders
Gets Weekends Off
 
Joined: Dec 2005
Posts: 376
Likes: 0
From: On the corner, covered in Stickum
Default

Originally Posted by BoilerUP
It is true that extra-territorial flying is outside of RLA scope protections.

However, 1.C.7 of the IPA CBA is as follows:

7.Resolution of Disputes Concerning International Operations
If any dispute arises as to the interpretation or application of Article 1 to international operations as defined in paragraph 4 above, the dispute shall be submitted to final and binding arbitration in accordance with Article 7 and Article 1.F. of this Agreement. The Company, its affiliates, the Association, and their successors agree, that in connection with any dispute before an arbitrator or in court, not to raise as a defense the non-applicability of the Railway Labor Act to international operations as defined in C. above or flights which originate or terminate in the United States. It is also agreed that the provisions of this paragraph are specifically enforceable. The duty to arbitrate as well as the judicial review of any arbitration award under this paragraph shall be specifically enforceable in either the Federal District Court for the Western District of Kentucky or the Jefferson County Circuit Court, Louisville, Kentucky. For these purposes the parties consent to jurisdiction and venue in these courts. The parties further agree that the choice of law in any such proceeding under this paragraph will be Sections 153 and 184 of the Railway Labor Act, 45 U.S.C. Sections 151 et seq. If the Jefferson Circuit Court refuses to exercise jurisdiction, either party may file suit under this paragraph in any state court which has jurisdiction over the parties.

If IPA Article 1 scope language was unenforcable with regards to international operations, then two questions are worth asking:

1. How have they had success enforcing it, including in arbitration, and;
2. Why would FDX management object to including scope language in a TA that helps TA ratification but doesn't actually restrict their plans?

So many FDX pilots, like fbh, want to ignore this language in the IPA's contract. Why is that?
Reply