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Old 04-15-2019, 03:49 AM
  #51  
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Originally Posted by mainlineAF View Post
Even if there is no union directive if the company can prove pilots are picking up less open time than they historically do they can still get a TRO.
This is correct. In the case of a no overtime campaign at Delta the judge ruled that while the union had not called for any job action and in fact tried to prevent it he ruled that a union was required to control its membership. He also allowed the company to sue 49 pilots individually who advocated via via message boards and email not to fly overtime.
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Old 04-15-2019, 04:11 AM
  #52  
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Originally Posted by mainlineAF View Post
Even if there is no union directive if the company can prove pilots are picking up less open time than they historically do they can still get a TRO.
Yup. However, a TRO/injunction is issued under a Court's equitable powers. There is an old maxim that "He who comes into equity must come with clean hands." Find a few instances of the company behaving badly and you can get the TRO action kicked. 😁
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Old 04-15-2019, 08:46 AM
  #53  
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Originally Posted by FL370esq View Post
Yup. However, a TRO/injunction is issued under a Court's equitable powers. There is an old maxim that "He who comes into equity must come with clean hands." Find a few instances of the company behaving badly and you can get the TRO action kicked. 😁
Due to a universal absence of clean hands, courts have been forced to interpret the maxim as “no dirtier than is customary here.”
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