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Old 10-10-2006 | 05:04 AM
  #37  
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JustAMushroom
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Joined: Jan 2006
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From: Capt
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Bla-bla and KoolAid:

...to the extent this explanation is intended to discourage pilots from
supporting ALPA because they are fearful the Company will retaliate in the manner described, its dissemination is illegal.
As indicated in the answer, most Courts have held that there is no enforceable status quo obligation until a first agreement
is negotiated. However, that does not mean “it would be well within SkyWest’s rights to freeze pay scales and all pay step
increases until the first contract has been negotiated.” This position was conclusively rejected the DC Circuit in Atlas Air
Inc. v. Air Line Pilots Association where the Court held as follows:

While we may continue to recognize that the employer may alter status quo working conditions, so long as no collective bargaining agreement exists between the parties, where the challenged modification to
the status quo is far from merely formal, and is in fact the equivalent of a substantial decrease in compensation having a real and material impact on the conditions of employment, and is justified on no other
grounds than union certification, we may presume that the carrier’s actions were motivated by anti union animus and are in violation of RLA, Section 2, Third and Fourth. To hold otherwise would allow a carrier without legal consequence, to slash to subsistence levels the wages of those
employees who elect to unionize. 232 F2d at 226

SkyWest pilots can rest assured that in the event we are certified, any actions along the lines described in the above Q and A will be with consequence as was the case at Atlas.
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