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Quote:

Originally Posted by newKnow (Post 770768)

You are right in that this type of situation is regulated by the individual States decision on whether or not they will be a right to work state.

Not so much. Federal law, RLA, supersedes state law (right to work). Doesn't matter if it is a right to work state or not.

Quote:

Originally Posted by newKnow (Post 770768)

As for your common sense question; if it were me in the judges or arbitrators seat, it would seem to me that it would be unreasonable for the company to furlough pilots then claim that they were in an emergency situation because of lack of crews.

Reminds me of the guy that kills his parents and then begs for the mercy of the court because he is an orphan

Quote:

Originally Posted by 767pilot (Post 772744)

Not so much. Federal law, RLA, supersedes state law (right to work). Doesn't matter if it is a right to work state or not.

767,

You kind of chopped up my paragraph. When I said "this type of situation," I was referring to union shops in general, not your UPS situation. I apologize for the lack of clarity:

[Quote From New K]

"What is allowed by Taft are union shops where the company hires an individual and then afterward, they must join the union (or, at least pay dues) within 30 days or their employment start date. You are right in that this type of situation is regulated by the individual States decision on whether or not they will be a right to work state." [End Quote]

Just to keep the record straight, I believe the only points I have been making was that 1.) there is no such thing as a closed shop anymore, 2.) what your union has negotiated in your CBA does matter & 3.) past practices allowed by your union will be taken into consideration by the decision-maker if it ever comes to that.

As for your analogy, that in todays times may unfortunately be a true case, I think that is a perfect example. You guys are in good shape if that were ever to happen. If I were the IPA, I'd be filing papers the second your managers were flying a minute more than what they were before the furloughs (if they happen). Once again, good luck.

New K