Allegiant Air
03-31-2015, 03:11 PM
#2291
Gets Weekends Off
Joined APC: Jan 2014
Posts: 194
Courthouse News Service
Wonder how they're going to try to con the NMB into thinking they are going to 'bargain in good faith' after saying this. They are almost saying they never plan on having a contract.
I guess they're not interested in talking out a solution, just trying to use the courts to beat us, but luckily they don't seem to understand the law....and the truth, but here it comes!
For pilots to strike, Allegiant says, they first must exhaust the Railway Labor Act's major dispute resolution process, which is "'virtually endless'" and '"purposely long and drawn out.'"
In its Monday lawsuit, Allegiant says it complied with the court order but appealed it to the 9th Circuit.
"Having gone to court to obtain injunctive relief regarding its status quo contentions, IBT cannot now argue that the same alleged status quo violations justify" a strike, Allegiant says. "That is a matter for the court that issued the order to decide, not a basis for a strike."
Allegiant seeks an injunction against a strike or work slowdown, plus attorney's fees and legal costs.
"Having gone to court to obtain injunctive relief regarding its status quo contentions, IBT cannot now argue that the same alleged status quo violations justify" a strike, Allegiant says. "That is a matter for the court that issued the order to decide, not a basis for a strike."
Allegiant seeks an injunction against a strike or work slowdown, plus attorney's fees and legal costs.
03-31-2015, 04:12 PM
#2292
Gets Weekends Off
Joined APC: Jan 2009
Posts: 278
Originally Posted by Uncle Wurmy
Courthouse News Service
Wonder how they're going to try to con the NMB into thinking they are going to 'bargain in good faith' after saying this. They are almost saying they never plan on having a contract.
I guess they're not interested in talking out a solution, just trying to use the courts to beat us, but luckily they don't seem to understand the law....and the truth, but here it comes!
Wonder how they're going to try to con the NMB into thinking they are going to 'bargain in good faith' after saying this. They are almost saying they never plan on having a contract.
I guess they're not interested in talking out a solution, just trying to use the courts to beat us, but luckily they don't seem to understand the law....and the truth, but here it comes!
03-31-2015, 04:22 PM
#2293
Gets Tue/Wed and Sat Off
Joined APC: Oct 2008
Posts: 551
I haven't heard one way or the other, but in all honesty I 'd be surprised if they managed to win this one. EG seemed pretty sure they did't have much/any chance of a status quo strike injunction. We shall see.
03-31-2015, 04:27 PM
#2294
Gets Weekends Off
Joined APC: Oct 2010
Position: Airbus CA
Posts: 911
Interesting the company apparamtly filed this yesterday & we're only finding out now, via newspaper articles & websites?
03-31-2015, 06:27 PM
#2295
Gets Weekends Off
Joined APC: Feb 2010
Posts: 519
Originally Posted by tailendcharlie
Interesting the company apparamtly filed this yesterday & we're only finding out now, via newspaper articles & websites?
03-31-2015, 06:52 PM
#2296
Gets Weekends Off
Joined APC: Sep 2013
Posts: 100
how can the company seek an injunction? the pilots have not done anything. have they? it's like suing somebody because you think they are going to do something. but nothing has happened yet.
03-31-2015, 07:37 PM
#2297
Gets Weekends Off
Joined APC: Oct 2010
Position: Airbus CA
Posts: 911
Absolutely, you can seek an injuntive ruling to refrain a party from commiting certain acts.
03-31-2015, 08:32 PM
#2298
Gets Weekends Off
Joined APC: Jul 2012
Posts: 480
If this is how they are choosing to spend their energy now. Well, it's gonna be a fun week.
03-31-2015, 09:49 PM
#2299
Gets Weekends Off
Joined APC: Sep 2013
Posts: 100
"The courts exercise their power to issue injunctions judiciously, and only when necessity exists. An injunction is usually issued only in cases where irreparable injury to the rights of an individual would result otherwise. It must be readily apparent to the court that some act has been performed, or is threatened, that will produce irreparable injury to the party seeking the injunction. An injury is considered irreparable when it cannot be adequately compensated by an award of damages. The pecuniary damage that would be incurred from the threatened action need not be great, however. If a loss can be calculated in terms of money, there is no irreparable injury. The consequent refusal by a court to grant an injunction is, therefore, proper. Loss of profits alone is insufficient to establish irreparable injury. The potential destruction of property is sufficient."
03-31-2015, 09:53 PM
#2300
Line Holder
Joined APC: Sep 2014
Posts: 76
Originally Posted by GordoCooper
Well, great to see that a public forum is only public if its what you want to hear! You've just convinced me I was right! I am not the only one who is tired of the numerous URGENT messages. I may just be the only one who put it on here. But OK, now you have a scapegoat to point to if the solidarity begins to drop. Just blame me! Oh, and additionally, I'll be on the picket line instead of flying a trip.....but I'll just wait until I see it at the airport. I'm done being told to wait by my phone. You see, I've been on reserve long enough, and the only time I need to wait by my phone is during my reserve availability period.
Up to you if you want to risk your career on the backup notification system (people at the airport to stop you). As for me, I'll take multiple texts and whatever other inconveniences it takes to make sure I don't accidentally work when I'm not supposed to. All it takes is one "all green slides armed" and it's a lifetime of regret.
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