18/5/5/5
#431
Gets Weekends Off
Joined: Dec 2009
Posts: 2,058
Likes: 2
From: Capt
#432
Gets Weekends Off
Joined: May 2012
Posts: 194
Likes: 0
Polishing off the 401K and hoping for a big market crash like 2020. Then I’ll roll in big and say see ya.
#433
Zero shares of GLD. Now ounces of AU, that’s another story. Actually, I could care less about the contract for myself. I would love to see everyone else that will be here in the future do the very best.
Polishing off the 401K and hoping for a big market crash like 2020. Then I’ll roll in big and say see ya.
Polishing off the 401K and hoping for a big market crash like 2020. Then I’ll roll in big and say see ya.
The way the country is being run you may be getting your wish plus some. More like 1929.
#434
Gets Weekends Off
Joined: Aug 2020
Posts: 175
Likes: 0
#435
Gets Weekends Off
Joined: Feb 2018
Posts: 1,264
Likes: 2
Yes. That’s the problem. The RLA is overseen and administered by U.S. Department of Labor,…..by and through federal mediators,….. who answer to the U.S. Secretary of Labor,……. who was formerly the mayor of Boston and a Massachusetts state representative and who likely has future political ambitions AND the need for political campaign funding.
While I hate the idea of unions funneling money to politicians, (especially those with a “D” after their names), it might be smart for DAPLA to test the waters and see if the Honorable Marty Walsh, U.S. Secretary of Labor, is in the mood to accept campaign funds from the unionized pilots of Delta Airlines and repay the favor by leaning on his federal mediator(s).
Just a thought.
While I hate the idea of unions funneling money to politicians, (especially those with a “D” after their names), it might be smart for DAPLA to test the waters and see if the Honorable Marty Walsh, U.S. Secretary of Labor, is in the mood to accept campaign funds from the unionized pilots of Delta Airlines and repay the favor by leaning on his federal mediator(s).
Just a thought.
Excerpt:
[size=12pt]Democrats are hoping they won’t need to get involved, but are also pushing railroads to make more concessions to appease rank-and-file union members who are angry over what they say are unfair scheduling and time-off policies.[/size]“I’m hoping the railroads will get reasonable, this is the 21st Century and to have skilled workers being denied sick leave, even unpaid sick leave, is unconscionable,” said Transportation Committee Chair Peter DeFazio (D-Ore.). Freight rail companies “are watching their record profits, ‘Oh my God, if we give people paid sick leave our stock might drop by a dollar.’ Give me a break,” he said.
When told that House Republicans have legislative text ready, DeFazio hinted that their plan won’t get the support of Democrats during the lame duck session.
“Oh, good for them, they’re not in charge, so we’ll see,” DeFazio said.
….
Republicans in both chambers are more inclined to just impose the recommendations of Biden’s board, which does not go as far as most unions want. The review board recommended pay increases but did not weigh in on workplace attendance policies that are a major source of anger among workers.
Senate Commerce Committee ranking member Roger Wicker (R-Miss.) told POLITICO that he and Sen Richard Burr (R-N.C.) will push legislation that would mirror the review board’s recommendations, saying they are “prepared once again to bring this matter to the floor.”
“And we hope there’s a resolution before that. If not, Congress must act,” Wicker said.
Wicker and Burr previously tried to force a Senate vote on a resolution, S.J. Res. 61 (117),that sought to impose the review board’s recommendations from September, when it appeared a strike was hours away.
“Everybody told us, ‘Once that recommendation comes out, you get nothing more; you either make that a contract and ratify, or Congress is going to impose it,’ and [BLET President Dennis] Pierce and I said, ‘Absolutely not. We’re gonna go all the way to the end. We’re gonna push for more.’ And we ended up getting a lot more,” SMART-TD President Jeremy Ferguson said.[size=12pt]
When told that House Republicans have legislative text ready, DeFazio hinted that their plan won’t get the support of Democrats during the lame duck session.
“Oh, good for them, they’re not in charge, so we’ll see,” DeFazio said.
….
Republicans in both chambers are more inclined to just impose the recommendations of Biden’s board, which does not go as far as most unions want. The review board recommended pay increases but did not weigh in on workplace attendance policies that are a major source of anger among workers.
Senate Commerce Committee ranking member Roger Wicker (R-Miss.) told POLITICO that he and Sen Richard Burr (R-N.C.) will push legislation that would mirror the review board’s recommendations, saying they are “prepared once again to bring this matter to the floor.”
“And we hope there’s a resolution before that. If not, Congress must act,” Wicker said.
Wicker and Burr previously tried to force a Senate vote on a resolution, S.J. Res. 61 (117),that sought to impose the review board’s recommendations from September, when it appeared a strike was hours away.
“Everybody told us, ‘Once that recommendation comes out, you get nothing more; you either make that a contract and ratify, or Congress is going to impose it,’ and [BLET President Dennis] Pierce and I said, ‘Absolutely not. We’re gonna go all the way to the end. We’re gonna push for more.’ And we ended up getting a lot more,” SMART-TD President Jeremy Ferguson said.[size=12pt]
#436
Gets Weekends Off
Joined: Feb 2018
Posts: 1,264
Likes: 2
Where the RLA works most aggressively against us is where the company can drag feet for long enough that “retro” becomes such a prohibitive cost item that it moves beyond the “zone of reasonableness”. Never mind how it got there, but if the company were to drag this along for, say, three more years, they could then make the claim that six years of retro is simply too much of a financial burden…unless, of course, the pilots are willing to give up a lot of things to get it.
In this, the RLA gives all the power to the company. We have zero power to secure timely contracts. We may insist on full retro, but the company merely has to drag it out long enough to place it beyond reach.
In this, the RLA gives all the power to the company. We have zero power to secure timely contracts. We may insist on full retro, but the company merely has to drag it out long enough to place it beyond reach.
You all have already been in mediation since Jan 2020. That’s nearly three years. If you were to continue in mediation for, as you ponder, another three years, the argument could be made well before that point that the NMB was exhibiting “patent official bad faith” by keeping the dispute in mediation, as a 1970 federal appeals court explained, “on a basis that is completely and patently arbitrary and for a period that is completely and patently unreasonable.” That same court explained that if the NMB exceeded its authority in the manner described, the courts have the right to intervene and force the NMB to terminate mediation.
How is “a period that is completely and patently unreasonable” determined? It’s determined, as more than one other federal court ruling has stated by comparison to “the norm” or “customary” amount of time that the NMB holds other disputes before it in mediation.
Therefore, it’s helpful to have a familiarity with how long the NMB has held other cases before it in mediation. The recent case of the block of twelve rail unions representing 115,000 rail workers was released from mediation in June of this year after spending four and a half months in mediation. It wrapped up its PEB in September and the unions are currently in a self-imposed status quo period as they each vote on their respective TA’s produced by the PEB. Some of the unions are also now resuming negotiations after voting down their TA’s.
The second most recent case that went to a PEB occurred in 2015 and spent about 15 months in mediation before being released. The most recent airline dispute to go to a PEB were the mechanics at United Airlines in 2001. They spent about 14 months in mediation before being released. In 2010, the NMB-commissioned Dunlop II Report stated that the average length of mediation between fiscal years 2004 and 2008 was 758 calendar days. All of those figures are well short of the approximately six years you contemplate being held in mediation.
You don’t “have zero power to secure timely contracts.” The RLA is NOT slanted against labor. Like almost any other endeavor in life, though, it IS slanted against those who don’t take the time to understand the game they’re trying to play or the system in which they’re trying to achieve victory. Unions can, if they want to, use the legal advantages afforded to them by the RLA to create leverage for themselves.
A major problem, though, is that I doubt there are more than a handful of pilots at each pilot group that understand or are familiar with information like the above. On the other hand, I bet most of the negotiating team and their paid airline labor law consultants at every major airline are deeply acquainted with all of the above and all of the case law that bears upon RLA negotiations.
The RLA doesn’t “[give] all the power to the company.” The overwhelming majority of pilots never even once in their careers devote a chunk of time and energy to thoroughly understand the law that plays the starring role in their ability to battle the company in the determination of their career compensation and quality of life (days per month spent at work, hours per day, vacation, benefits, etc, etc, etc). THAT is what “gives all the power to the company.”
#438
Line Holder
Joined: Aug 2022
Posts: 39
Likes: 0
Not necessarily true.
You all have already been in mediation since Jan 2020. That’s nearly three years. If you were to continue in mediation for, as you ponder, another three years, the argument could be made well before that point that the NMB was exhibiting “patent official bad faith” by keeping the dispute in mediation, as a 1970 federal appeals court explained, “on a basis that is completely and patently arbitrary and for a period that is completely and patently unreasonable.” That same court explained that if the NMB exceeded its authority in the manner described, the courts have the right to intervene and force the NMB to terminate mediation.
You don’t “have zero power to secure timely contracts.” The RLA is NOT slanted against labor. Like almost any other endeavor in life, though, it IS slanted against those who don’t take the time to understand the game they’re trying to play or the system in which they’re trying to achieve victory. Unions can, if they want to, use the legal advantages afforded to them by the RLA to create leverage for themselves.
A major problem, though, is that I doubt there are more than a handful of pilots at each pilot group that understand or are familiar with information like the above. On the other hand, I bet most of the negotiating team and their paid airline labor law consultants at every major airline are deeply acquainted with all of the above and all of the case law that bears upon RLA negotiations.
The RLA doesn’t “[give] all the power to the company.” The overwhelming majority of pilots never even once in their careers devote a chunk of time and energy to thoroughly understand the law that plays the starring role in their ability to battle the company in the determination of their career compensation and quality of life (days per month spent at work, hours per day, vacation, benefits, etc, etc, etc). THAT is what “gives all the power to the company.”
You all have already been in mediation since Jan 2020. That’s nearly three years. If you were to continue in mediation for, as you ponder, another three years, the argument could be made well before that point that the NMB was exhibiting “patent official bad faith” by keeping the dispute in mediation, as a 1970 federal appeals court explained, “on a basis that is completely and patently arbitrary and for a period that is completely and patently unreasonable.” That same court explained that if the NMB exceeded its authority in the manner described, the courts have the right to intervene and force the NMB to terminate mediation.
You don’t “have zero power to secure timely contracts.” The RLA is NOT slanted against labor. Like almost any other endeavor in life, though, it IS slanted against those who don’t take the time to understand the game they’re trying to play or the system in which they’re trying to achieve victory. Unions can, if they want to, use the legal advantages afforded to them by the RLA to create leverage for themselves.
A major problem, though, is that I doubt there are more than a handful of pilots at each pilot group that understand or are familiar with information like the above. On the other hand, I bet most of the negotiating team and their paid airline labor law consultants at every major airline are deeply acquainted with all of the above and all of the case law that bears upon RLA negotiations.
The RLA doesn’t “[give] all the power to the company.” The overwhelming majority of pilots never even once in their careers devote a chunk of time and energy to thoroughly understand the law that plays the starring role in their ability to battle the company in the determination of their career compensation and quality of life (days per month spent at work, hours per day, vacation, benefits, etc, etc, etc). THAT is what “gives all the power to the company.”
#439
Zero shares of GLD. Now ounces of AU, that’s another story. Actually, I could care less about the contract for myself. I would love to see everyone else that will be here in the future do the very best.
Polishing off the 401K and hoping for a big market crash like 2020. Then I’ll roll in big and say see ya.
Polishing off the 401K and hoping for a big market crash like 2020. Then I’ll roll in big and say see ya.


