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Old 11-01-2013, 09:00 AM
  #142161  
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Originally Posted by LeineLodge View Post

The ALPA sponsored forum was a liability, plain and simple. I for one, am glad it's gone, and don't see it as any form of censorship whatsoever. We are all still free to come here and biatch to our heart's desire.
First, thanks for the Mercury browser tip. I'll try it.

Second, if anyone thinks DAL won't sue us at APC, you are greatly disillusioned. They would sue us here in a heartbeat. It won't matter what you post, you could be the most pro-company check airman and they will fire first, ask questions later. Don't kid yourself.

While my legal opinion isn't worth much, I think DALPA's interpretation of streaming union meetings is pretty farfetched. It takes a lot to rise to the level of "concerted activity." I think the Courts would give us a lot of leeway in our expression of speech at union meetings. Even if you said something as indiscrete as "Let's burn the place down," you would need means, opportunity and action to make such a threat a problem. Heated speech isn't against the law.
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Old 11-01-2013, 09:22 AM
  #142162  
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Originally Posted by orvil View Post
First, thanks for the Mercury browser tip. I'll try it.

Second, if anyone thinks DAL won't sue us at APC, you are greatly disillusioned. They would sue us here in a heartbeat. It won't matter what you post, you could be the most pro-company check airman and they will fire first, ask questions later. Don't kid yourself.

While my legal opinion isn't worth much, I think DALPA's interpretation of streaming union meetings is pretty farfetched. It takes a lot to rise to the level of "concerted activity." I think the Courts would give us a lot of leeway in our expression of speech at union meetings. Even if you said something as indiscrete as "Let's burn the place down," you would need means, opportunity and action to make such a threat a problem. Heated speech isn't against the law.
Vastly different. In a union sanctioned web forum, the connection will be made. (the 49ers) Then the UNION will get sued also. Here you are a private citizen. The doughnuts are seriously wrong if they think it won't happen there. Half a dozen malcontents will start jawing about how pizzed off they are, and the lawsuits will have names and dates attached with DPA as the headliner. There's your "concerted activity". And just how will they pay for that? That alone should be scary enough to push you away from them, but I guess it won't happen because they promise it won't go down that way. Frankly I don't want to get a huge assessment to fight a company lawsuit because some guys can't keep their mouths shut. Pretty sure I'll be a dues paying non member if they overthrow dALPA for that reason alone.
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Old 11-01-2013, 10:07 AM
  #142163  
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Reserve question.

What is the advantage, if any, of yellow slipping on an x-day? Is there more pay involved, day off back, etc? I've tried to discern the answers from the contract but seem to be incapable. Thanks.
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Old 11-01-2013, 10:10 AM
  #142164  
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Originally Posted by flying_wendell View Post
Reserve question.

What is the advantage, if any, of yellow slipping on an x-day? Is there more pay involved, day off back, etc? I've tried to discern the answers from the contract but seem to be incapable. Thanks.
No benefit. You are pretty much working for free on your days off and you don't get the x days back. The only advantage is if you are trying to break guarantee or get your RAW up.
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Old 11-01-2013, 10:12 AM
  #142165  
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Originally Posted by Bucking Bar View Post
Carl,

Hey, you know I'm capable of independent thought.
That's true. But I've also seen you're capable of being swayed away from your independent thought by the Secret Police member of the day.

Originally Posted by Bucking Bar View Post
The union's concerns also had to do with the time and potential cost of moderating the board (I'm sure you did not want your dues going to that) and liability was a distant secondary concern. I don't care about the former as much as you do, but I completely see the liability exposure.
That's not what you said earlier. You put liability front and center. If you don't mean that now, then we've made progress. If DALPA was really concerned with moderating costs, they would never have stood up anything new in its place.

Originally Posted by Bucking Bar View Post
It was not about member's personal liability. ALPA does not care if I get sued for something un-related to my employment. The problem was that ALPA can get sued for something you write, if they provide the platform.
ALPA can get sued for anything, just like you and I can be sued for anything. ALPA could get sued for someting I write, but ALPA couldn't lose such a suit. Free speech is still a powerful force to overcome in court. Previous suits against ALPA were not free speech issues because the plaintiffs were able to show that there was indeed a concerted effort on the part of ALPA officials in their capacity as union officials. Making it sound otherwise is simply a scare tactic used to justify censorship and controlling all communication.

Originally Posted by Bucking Bar View Post
And yes, the DPA operates in exactly the same legal environment.
Yes it does. As such, we already know what to actually be legally afraid of. We are not afraid of free and open communication.

Originally Posted by Bucking Bar View Post
The DPA committed to an unsustainable position because by their inexperience they just don't know any better.
You just don't know the law Bar. You're just parroting what some ALPA lawyer has told you.

--------

Originally Posted by Bucking Bar View Post
IE: At a Local DPA meeting I stand up and shout "no more overtime ... make them park airplanes on the weekends" and the crowd goes "hell to the YES!" and chants "no more overtime" there is no way the DPA would put that up and if they did the lawsuits would be a flyin' tout suite.
Again, you're completely wrong. All the elected leaders of DPA would have to say during that meeting is this: "Guys, what you've just stated is illegal. It would change the status quo requirement of our PWA, and as such would be legally indefensible. The process already allows for a much more effective way."

Having a statement on tape like this would be an immediate lawsuit killer. Any suit would be dismissed in summary judgment, and as such, would likely never even be brought.

Originally Posted by Bucking Bar View Post
or

In reply to my post on the new DPA Board Captain known as Jerry Curly Jagomerditian threatens to punch me in the nose and kick me off his airplane next time I show up at work. I, fearful that Captain Jerry Curly Jagomerditian is serious drop my trips and file suit in Fulton State Court against DPA for allowing me to be threatened.
That's a little too goofy for me to respond to.

Carl
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Old 11-01-2013, 10:17 AM
  #142166  
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Originally Posted by tsquare View Post
So you can GUARANTEE me that if someone spouts off about a job action... even grass roots - on a doughnut forum - that we won't get sued by the company.
I can't guarantee that the company won't sue. I can only guarantee they couldn't win if it was just a member spouting off. You have to prove a concerted effort on the part of elected union officials.

Originally Posted by tsquare View Post
Really? Care to put some money on that one?
Does daring people to bet make you feel like a badass?

Carl
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Old 11-01-2013, 10:21 AM
  #142167  
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Originally Posted by Bucking Bar View Post
T Square ... as soon as they run this idea of broadcasting LEC meetings on the web past Counsel, it will get shut down.
Again, you don't know what you're talking about. DPA has already held meetings via web technology. Counsel has already shown us there's no legal concerns. Legal counsels that do claim illegality are really just trying to control all communication...because that's how you control thought, emotion, and outcome.

Carl
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Old 11-01-2013, 10:24 AM
  #142168  
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Originally Posted by flying_wendell View Post
Reserve question.

What is the advantage, if any, of yellow slipping on an x-day? Is there more pay involved, day off back, etc? I've tried to discern the answers from the contract but seem to be incapable. Thanks.


Originally Posted by Delta1067 View Post
No benefit. You are pretty much working for free on your days off and you don't get the x days back. The only advantage is if you are trying to break guarantee or get your RAW up.

So how about a greenslip on an x-day while on reserve? Is that straight pay on top of guarantee? Do you get the day off back? Thanks again.
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Old 11-01-2013, 10:30 AM
  #142169  
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Originally Posted by Carl Spackler View Post
Again, you don't know what you're talking about. DPA has already held meetings via web technology. Counsel has already shown us there's no legal concerns. Legal counsels that do claim illegality are really just trying to control all communication...because that's how you control thought, emotion, and outcome.

Carl
Only because everybody there is drinking from Timmy's cup... wait until you have dissension.....
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Old 11-01-2013, 10:31 AM
  #142170  
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Originally Posted by Carl Spackler View Post
I can't guarantee that the company won't sue. I can only guarantee they couldn't win if it was just a member spouting off. You have to prove a concerted effort on the part of elected union officials.



Does daring people to bet make you feel like a badass?

Carl
Nope, but it shows me you aren't willing to put your money where your mouth is..... writing checks you cannot cash as it were.


And you dont have to PROVE anything to bring a lawsuit.... which then has to be defended. $$$
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