I don't understand your point here. Where are they going to find enough non-FedEx crewmembers to fill the seats in the event we strike? Also, do you really believe other companies (read pilots) would haul our struck freight? Even if other companies (and pilots) were willing to fly the freight, there isn't enough extra cargo lift worldwide to continue FedEx as a viable express operation.

I agree that government does have inherent powers but I don't believe even they have the power to abrogate a lawful contract in that manner. They might be able to take my house and turn it into a Quickie Mart and a Starbucks under the rules of eminent domain, but I think cancelling an RLA contract is beyond their limits.

 

Tony you may be right about the law, but jack makes a good point. While you are right about the law, you have to be released by the NMB to have a 30 day cooling off period. Who controls the NMB??

 

What, do you want names????



The National Mediation Board is an INDEPENDENT agency. It consists of 3 members, namely Edward J. Fitzmaurice, Jr. (a former Naval aviator and Braniff pilot), Harry Hoglander (retired Air Force, TWA Captain, Master Chairman of TWA's Master Executive Council, and Executive Vice-President of the Air Line Pilot's Association), and Chairman Read Van de Water (former legislative counsel and director of government affairs for Northwest Airlines). I believe they'd be offended at the implication that they are controlled by anyone.

Even in the PEB example Jack cited, the NMB had released the American Airlines pilots. They released NWA mechanincs, NWA pilots, COMAIR pilots... they've released employees and employers to cooling off, and they've entered into self-help time after time after time. Why do you think there's some magic reason they won't release FedEx?


But since he brought up the subject of AA, I might also remind you that the courts found the APA (CBA for AA pilots) to be in violation of the RLA when they engaged in an illegal work action by staging a sick out. The suggestions to work in any fashion other than that which is normal for the employee group at any given time might also be considered an illegal job action and may result in the imposition of stiff penalties. Be careful out there.



In the meantime, I think it's time to take that worn out old joke about FedEx being bought by UPS and put it to good use. I believe that the pilots at UPS and FedEx share the same feeling about this negotiating process. It's been far too long, and we deserve to be compensated in a fashion that recognizes our profound contribution to the overwhelming success of both companies. Indeed, we are all FED UP.

TWO YEARS IS TOO LONG!

- The truth only hurts if it should -

 

I frequently hear our pilots suggest that Fred is so tight with the US Gvm't that they (governmental agencies who impact us) won't let us strike or won't release to self-help etc. It seems to me this is just the thing mgmt wants us to believe so I'm wondering where these defeatist ideas come from? Addressing three of the most frequently brought-up issues:

I understand that UPS was not released to self-help because the NMB heard the pilots go for a second strike vote which communicated to the NMB that the pilots were unwilling to negotiate any further. So in an effort to send a signal of determination, the pilot inadvertantly sent the wrong signal. This is one reason our NC won't touch a strike vote until a strike is absolutely the last recourse and not waste it (my words) on sending signals.

The negotiations flow chart in about every issue of Positive Rate clearly indicates that Presidential intervention will only hold off a strike for another 30 days beyond the cooling off period. Presidential intervention can not prevent us from striking at the end of that period of study by the Presidental Board. No where is there any indication the President can unilaterally prevent pilots or any other employee group from exercising a tool which is clearly sanctioned by federal law.

The ATC controllers' strike back in 1980 is an apple to our orange. ATC controllers were (and still are) federal government employees and as such had a no-strike provision attached to their contract or whatever document governed their employment. They gambled that the government would cave to their demands not believing Regan would fire them, which was his legal recourse.

 

[QUOTE=TonyC]




Why do you think there's some magic reason they won't release FedEx?


[SIZE="7"][COLOR="DarkOrchid"][B][CENTER]

US MAIL

 

Not magic. There is nothing in the RLA that says the mail has to move by FedEx, and there's nothing that exempts FedEx from the RLA process. One of the purposes of the RLA was to give employees rights. The suggestion that FedEx can NOT strike is in striking contradiction to that concept (pardon the pun). Were it true, we would be, in effect, indentured servants unable to negotiate a fair contract. Such is not the purpose of the Railway Labor Act.





By the way, it's good to see you back on the rolls.







- The truth only hurts if it should -

 

One reason, and one reason only. Appearances. And then, only to stockholders and customers.

So, UPS guys - - if you believe that garbage, you've just fallen for the propoganda that was aimed at the customers and stockholders of our company...
___________________

Ahhh, the truth of it all.

replying to Tony C's post yesterday...

 

Nothing says FedEx has to keep the mail contract. Nothing that says that the 1200+ pilots that have their jobs because of it have to keep their jobs. Heck, they are just junior guys that should be willing to accept a few years of furlough.

 

I'm not sure I'm following the logic here...


Are you suggesting that FedEx would give up the Mail contract and furlough 1200 pilots in order to... umm, what would be the objective? You suggested that having the mail contract would preclude us from striking, I assume that the flip side of that would be that NOT having the mail contract would allow us to strike. So, are you saying that FedEx would default on the Mail contract and furlough 1200 pilots so that the remaining 3000 could strike?


That just doesn't make sense.




- The truth only hurts if it should -

 

If for some reason the mail contract is lost for any reason a large number of jobs are at risk. Not your job, not my job, but a lot of jobs.