? for Albie...
02-28-2009 | 01:01 PM
#21
On Reserve
Joined: Dec 2007
Posts: 19
Likes: 0
I'm no lawyer, but I'd argue there would be a case of "misrepresentation." A poll was taken and he clearly went against the wishes of the majority of his constituents. They would argue that we all answered the question that if the change was inevitable would you want ALPA to be part of the process.
My biggest beef with the whole process was retroactivity. I heard DW say it put us on the "wrong side of a lawsuit," by not supporting it. Retroactivity clearly was a minority in ALPA.
My biggest beef with the whole process was retroactivity. I heard DW say it put us on the "wrong side of a lawsuit," by not supporting it. Retroactivity clearly was a minority in ALPA.
02-28-2009 | 01:18 PM
#22
Gets Weekends Off
Joined: Jan 2007
Posts: 285
Likes: 0
As someone who knows a lot of lawyers, I posed this question back when it changed because I was so ****ed. It seems as if it's certainly possible however no one would win. Even if you could go after individuals rather than ALPA itself, what would we be trying to get back in damages? How could damage be quantified? A lot of assumptions would have to be made about career progression, pay rates, potentially losing a medical...
Bottom line hear is that the lawyers would win as the fees would be astronomical as they'd have to look at so many angles to make the appropriate argument and even if a judgement was obtained against DW or ALPA, the funds wouldn't be there to pay anyway as we'd just be robbing ourselves.
I just hope that we can remove anyone that was involved in that decision.
Bottom line hear is that the lawyers would win as the fees would be astronomical as they'd have to look at so many angles to make the appropriate argument and even if a judgement was obtained against DW or ALPA, the funds wouldn't be there to pay anyway as we'd just be robbing ourselves.
I just hope that we can remove anyone that was involved in that decision.
02-28-2009 | 02:39 PM
#23
Gets Weekends Off
Joined: Aug 2006
Posts: 1,535
Likes: 0
From: 1559
02-28-2009 | 06:12 PM
#25
Line Holder
Joined: Sep 2006
Posts: 1,369
Likes: 7
(Edited)
Got a call suggesting any lawsuit issues, however unlikely, probably should not be commented on by a current MEC member.
I dont' think 727memphis is going to sue, but if he does I should not comment pro or con.
Not trying to cop out, but in this crazy legal climate it can cause problems.
If you have legal questions--contact your own attorney or the ALPA legal staff for questions.
Got a call suggesting any lawsuit issues, however unlikely, probably should not be commented on by a current MEC member.
I dont' think 727memphis is going to sue, but if he does I should not comment pro or con.
Not trying to cop out, but in this crazy legal climate it can cause problems.
If you have legal questions--contact your own attorney or the ALPA legal staff for questions.
The funny thing is....who knew labor was so concerned about possible lawsuits......it woulda been easier to just threaten to sue Jimmy Hoffa than hide him.......hindsight........woulda saved all those lives at the Ford plant in the 30's too.
Relax reader....I'm just joshing you.
