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Old 07-28-2010 | 05:55 AM
  #44084  
sailingfun
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Joined: Feb 2008
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Originally Posted by LeineLodge
Nope. Care to enlighten us? I'm guessing something to do with status quo and picking up open time??
Tired of the slow progress in contract talks and poor manning of many categories a wildcat job action sprang up. Pilots refused to WS or GS. Only GS's with conflict were allowed so to speak under the action. It crippled the company within a few days. They quickly went to court and obtained a injunction still in place today. DALPA was ordered to due everything possible to end the job action and pilots were ordered by the judge to return to previous rotation pickup patterns. In addition the company individually sued 49 pilots for 1 million dollars each. They picked any pilots who had advocated a illegal job action on a web board or pilots who emailed other pilots advocating such a job action or suggested or participated in harrassment of pilots who picked up open time. Many of the 49's had large legal fees attempting to defend themselves. The company dropped the law suits as part of TA agreement with DALPA. Every time you log on to the DALPA weboard you have to read a court statement regarding advocationg illegal job actions to this day.

Of particular note, the Delta MEC reminds all pilots of the continuing requirement to comply with the decision of the 11th Circuit Court of Appeals. As you will recall, the court ordered that we may not engage in any activity, including Forum posts, which promotes illegal concerted activity. Please keep the following in mind when you elect to participate in the Delta MEC Forum.

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With its January 2001 ruling, the 11th Circuit Court of Appeals established the law for this circuit.
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The court found:

o
ALPA had an affirmative duty, enforceable by injunction, to direct pilots to cease premature self-help.
o
The pilots' conduct violated the RLA provision imposing on carriers and pilots a duty to make and maintain agreements in a way so as to avoid any interruption to commerce or to the operation of any carrier.
o
If the union had lost control of its members and the members were operating contrary to the union's direction, other more severe remedies might be available to the court.

Last edited by sailingfun; 07-28-2010 at 06:05 AM.