Illegal job action
 

Heads up, folks. The union just published an email citing concern from the company about illegal job actions on sites such as this. Courts have made it very clear that we cannot put undue economic pressure on the company by coercing or intending to coerce by any means other pilots from flying draft, volunteer, etc. Be careful. We all want a contract, but no one wants to lose their job in the process. Please steer clear of posting trips, pairings and employee numbers of other pilots. The company has noticed this activity, and don't think for one second that they won't take legal action.

In unity,
Anthrax

Wouldn't it be nice if Management would offer us the contract that we've earned and that we deserve? Is that asking too much? :eek:

I might just be not getting it. But I have never understood how not doing EXTRA work such as draft/volunteer could be labelled illegal work action.

I realize this is the same nationwide, I minored in Labor relations and I never understood it then either:D

The letter
 

Don't Let Frustration Lead To A Bad Decision

Your MEC leadership certainly understands and shares the frustration felt by FedEx pilots during the difficult round of bargaining we are going through now. We have to be careful, however, to remember that frustration can be a source of disciplined resolve to help us achieve the goals we seek and deserve in our next agreement, but it can just as easily be misdirected in ways that will put individuals at risk, undermine our goals, and lengthen the time it will take to get to a new agreement. The Association obviously has a significant role in the protection of pilots. We want to advise that the Company has informed us of recent postings on a non-ALPA website by FedEx pilots calling on or pressuring each other to refuse volunteer and draft flying, or engage in a similar group effort to pressure the Company during bargaining, before it is lawful to do so. After extensive consultation with our ALPA national legal experts who have a depth of knowledge and expertise in such matters, we have decided to issue this important communication.

First, your MEC wants to be clear that it is not involved in, and does not support or condone, such statements or efforts. Second, we all need to be aware that such statements by line pilots, in which a pilot calls on or pressures others to act together to exercise their individual discretion (regarding picking up volunteer/draft flying or similar operational issues) in such a way as to put economic pressure on the Company during bargaining and before the end of the NMB mediation process and the expiration of a 30-day cooling-off period, have been repeatedly ruled by the courts to be a violation of the Railway Labor Act (RLA), even if the union is not leading such efforts. Such statements and activity calling for voluntary or draft flying boycotts or similar activity at this stage can result in the Company taking disciplinary action (including possible termination) against pilots advocating for such measures, and result in a court injunction, resulting in the threat of large fines or damages if the injunction is violated, against the individuals and your union. Any of these scenarios would put pilot careers needlessly at risk, and negatively affect the bargaining process, by undermining, rather than strengthening, our just bargaining position and extending, rather than shortening, the negotiations timeline.

Several recent federal court cases, including those involving the Delta and United pilots, have ruled that ALPA has an obligation as the pilots' bargaining representative under the good faith bargaining duties of the RLA to stop illegal pilot-led volunteer flying and similar boycott campaigns designed to pressure the airline. Citing these cases, and in light of the pilot web-forum postings it has provided to us, the Company has demanded that we immediately tell FedEx pilots to stop any advocacy of such campaigns or boycotts. We are doing so now. To be clear, it is not just ALPA's obligation to avoid these kind of statements or conduct at this point in the bargaining process. The courts (including those deciding the Delta and United cases mentioned above) have ruled that these obligations apply to individual pilots, and that if pilots act in such fashion, even without union involvement, they are engaging in illegal activity that their union is required to stop. Pilots who participate in such postings or otherwise advocate the kind of campaign or boycott suggested in those messages are therefore putting their careers, fellow pilots, union and our collective bargaining interests in jeopardy.
This is not to say that pilots lose their individual discretion to accept or refuse volunteer or draft flying, or make similar decisions exercising their own choices that are allowed under our collective bargaining agreement. What the courts have said is that pilots act illegally when they try to call on or pressure each other into converting this individual discretion into group action – whether over voluntary flying or other issues – as a means to pressure the Company during bargaining. Engaging in this kind of advocacy or action at this point in the process can put pilots at risk and subject them to discipline. One of our primary purposes as a union is to stand up effectively for pilots while keeping them out of harm’s way, and that is the primary goal of this communication.

There are lawful, non-disruptive avenues for us to express legitimate concern and frustration with the Company’s bargaining position, through our MEC and Negotiating Committee representatives, SPC events, informational picketing, other legal methods, and most importantly by showing up for ALPA events, which are all effective ways to make our unity and resolve known without causing risks to pilot careers and our legitimate bargaining objectives. Your MEC is considering all of these lawful strategies, and is fully prepared to use them at the appropriate time, should that prove necessary. However, we cannot ask or pressure our fellow pilots to act in the way that the individuals posting on these forums have done. We need to remain unified, and none of us should be advocating or acting in a way that can hand management a tool that could put pilots at risk and interfere with our collective goals.

In Unity,

I was on the MEC during some tumultuous times, and as I have pointed out in the past spent many hours talking with and listening to lawyers from both our office and the National office. Did not always like what I heard but hindsight said these guys were right about 99% of the time.

Our thoughts on what is "fair", or "what it should mean" are basically irrelevant. AA pilots got told to "knock it off" once. They got warned. Every dog gets a free bite. Then they pressed on with a sick campaign, and got schwacked HARD. Other company pilot groups, notably UAL, have tried to do these semi-organized efforts outside of their union, but the union got penalized and sued just the same. If you ever wondered who "they" in the union really were, according to the courts the union is YOU…period. So understand the rules. The way I read the letter is that it reminds you that you are still free to choose our own actions. You are not free to bully others to follow your example. Like it or not--if you choose to push other people its considered both "organized" and a "work action".

Illegal job action
 

Kind of feels like we are getting their attention. I'm not concerned with what everyone else does, but I will enjoy MY time off to the fullest extent possible. Have a nice day!!

Who's to say those inciting action aren't the company trolls on the forum?

Or "other" cargo pilots ... ???

:D

Good point.

You don't think the company, with a well placed subpoena or two, will know the personal details of every poster in the cargo sub forum? Get real. There's no right to privacy on the internet.