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Old 01-30-2010 | 03:46 PM
  #27521  
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Carl Spackler
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Originally Posted by Check Essential
Interesting discussion about "early Section Six".

A couple things I think we may be overlooking:
We can talk to management anytime we want. We can even "negotiate" about any subject, any time we want. Section six is not required for bargaining to take place.

However, a "Section Six Notice" is the big one. It has a very specific legal meaning under the RLA and starts a number of "clocks" ticking and triggers several legal duties and requirements.
The 270 day max for early talks is in the contract for a reason. It protects both parties. Under current circumstances, there is very little chance that management will waive that provision and open section six talks early.

Besides the RLA time clocks, if section 6 talks are under way, then "status quo" applies. That has a number of very powerful legal effects and it basically puts the entirety of our contractual relationship under the jurisdiction of the NMB.
Section 6 also provides for either party to force a start to mediation under the NMB and get the whole ball rolling on mediation, arbitration, cooling-off, PEB, Congressional action, etc. That's a huge political risk. For both parties.
Are you confident Obama would let us strike? Not me. The economy is fragile and he's got other irons in the fire.
Is management confident he would stop a strike? Nope.
That's why they will never agree to open early. JMHO.
You're right about not needing to start via Section 6. Management certainly didn't need it for our bankruptcy contracts.

If management is reticent to begin Section 6 early, DALPA needs to request "Pre-Section 6" negotiating sessions with the goal of achieving a new contract no later than the amendable date of our current contract.

If DALPA is too scared to ask, I want to know that. If management doesn't want to talk, I want to know that as well.

Carl