Originally Posted by
Twin Wasp
I think it's more a matter of what your contract says. Usually found under "scope" (all flying that is performed by the Company....shall be performed by crewmembers on the ... seniority list) and "management." The management section usually says how a line pilot will be made whole if a management pilot displaces him.
Originally Posted by
Tigerpilot1995
Actually it is a matter of federal law. What our contract says really doesn't mean squat. You can enter into an agreement but that doesn't mean it is lawful. Look up what a "closed shop" means. I think that is going to be the crux of the issue. In all honesty a furlough, while make it sound more a sound case, really doesn't mean squat.
My hunch is this won't matter and I don't mean they won't furlough.
Actually, Twin Wasp is right on. If your bargaining agent (IPA) negotiated a contract that allowed management pilots to fly your routes, you would be hard pressed to find any arbitrator or federal judge to overturn it.
If you look up "closed shop" you will see that Taft-Hartley made them illegal. What you have is an agreement between the company and the union on how and who to hire and fire.
You are right though in that the court will not enforce an agreement that is illegal. But, in aviation cases, that is more likely to deal with an attempted subversion of the FAR's or some other federal regulation. There is no federal law that says union (IPA) pilots have to fly UPS airplanes.
Your contract means everything in the court of law. If there is part of it that is illegal, I doubt it's the part that allows management pilots to fly. Good luck though.
New K