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Old 11-20-2010 | 06:41 PM
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PCL_128
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From: Recovering Airline Pilot
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Originally Posted by Carl Spackler
Even more important than that: DPA's financial muscle could easily purchase Seth Rosen's firm away from ALPA and make it a subsidiary of the DPA.
Are you really stupid enough to believe that ALPA is going to sell off its wholly owned subsidiary to a band of fools at a new independent union that will fail in no time flat? Really? You seriously lack credibility with this kind of nonsense, Carl.

And again, this would only be necessary if it were decided that no other human being in the universe is capable of tough negotiations other than Mr. Rosen.
Mr. Rosen is one of the best. All of the others also work at ALPA. Bruce York, Art Luby, Bill Roberts, etc. They come to work at ALPA after having achieved years of experience in labor law and negotiations, because ALPA is the best job out there for labor attorneys. You don't find experienced labor attorneys and negotiators at independent unions. When it comes to arbitrating grievances, they can get by with outside counsel, but their success rates lag ALPA's significantly. ALPA's success in arbitration is about double the labor average in this country. When it comes to Section 6 negotiations, everyone comes to ALPA for assistance, because they can't do it themselves. Of course, splinter unions like USAPA get no assistance from ALPA, and they'll be mired with a bankruptcy era contract forever. The DPA would be no different. You'll have no experienced RLA negotiator. No one who knows how to deal with the NMB. No one with connections at the White House or in Congress. You'll be all alone. Not a good prospect in Section 6.

Originally Posted by tsquare
He's a lawyer bra.. he will go wherever he can get the biggest paycheck. You are REALLY naive if you believe otherwise.
And you REALLY don't know Seth Rosen if you think he'll leave ALPA. He's worked at ALPA since 1971.

Originally Posted by Carl Spackler
Striking is still legal in the USA. The NMB can abuse their power and slow the process for a while (like what they're doing with APA), but eventually the laws must be followed by everyone.
You should study the law a little bit more. Nowhere in the Act does it require the NMB to release you to strike. The NMB's charter is two-fold: 1) Prevent disruptions to air and rail commerce, and 2) Assist in resolving labor/management disputes in the air and rail industries. They won't take an action that would violate that first mandate unless they feel that it is the way to a deal. In the case of the APA/AMR, they will never release the APA until they adjust their demands, because the NMB knows that there won't be an agreement reached if there is a strike, because the APA's demands are unsustainable for AMR, and no AMR executive will agree, no matter how long a strike drags on. A disruption to commerce occurs, and there is still no resolution to a dispute. That's not how the NMB and the RLA work. If you don't come with what the NMB considers to be realistic demands, then you aren't getting release. Period.

Originally Posted by texavia
Correct me if I'm wrong; but, even with a PEB, after 30 days a strike can be begin and it can't be PEB'd again.
Congress typically gets involved and imposes the PEB's terms if the parties still can't agree after the PEB's recommendations are issued. If the President issues a PEB, you can pretty much bet that there won't be a strike under any circumstances.
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