Any "Latest & Greatest" about Delta?
05-15-2014 | 03:23 PM
Gets Weekends Off
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From: 765-A
05-15-2014 | 03:32 PM
Wind the clock beoch
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But, the Court would probably find that DALPA's position did cause some pilots to not be available to fly when they otherwise would be and acknowledge the immediate, irreparable harm to Deltas operation caused by the subsequent flight cancellations.
...
What many of you are suggesting is a losing proposition.
...
What many of you are suggesting is a losing proposition.
An injunction is not as easy to get as you and sailing seem to think. It's not something that would happen overnight either. There are factors that the court must consider.
Here's some caselaw for you, straight out of the DAL v. ALPA case in 2000:
"A party seeking a preliminary injunction must establish the following four factors: (1) a substantial likelihood of success on the merits; (2) a threat of irreparable injury, (3) that its own injury would outweigh the injury to the nonmovant, and (4) that the injunction would not thwart public interest." Haitian Refugee Ctr., Inc. v. Baker, 949 F.2d 1109, 1110 (11th Cir. 1991)
As another poster already pointed out, DAL could still cover the schedule using short calls and greenslips. The schedule would get flown, it would just be more expensive for them. Hard to argue that injury would be "irreparable" or that such "injury" would outweigh the harm to the pilots of having our PWA rights trashed by memo.
Again, all of this is moot as your union refuses to stand and fight. And, as I've said before, if DAL were successful at getting an injunction, SO WHAT! Neither DALPA nor the 49ers were fined because they did nothing illegal. Completely different from the AA sickout, which was clearly illegal--hence the fine.
05-15-2014 | 03:36 PM
Wind the clock beoch
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An injunction for what? At the moment we have a dispute in the contract. Each side is claiming they are correct. We claim a pilot does not have to acknowledge a trip assignment until 3 hours prior. The company says the acknowledgment must be in time to be legal for the trip. The RLA requires a grievance be filed.
I can't wait to hear your spin over the impending negotiation "victory."
Do you get separate talking points from management and DALPA or are they consolidated?
05-15-2014 | 03:36 PM
Da Hudge
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From: Poodle Whisperer
Announcement regarding 117 will be out very shortly. Some very significant improvements coming.
05-15-2014 | 03:42 PM
Straight QOL, homie
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From: Record-Shattering Profit Facilitator
05-15-2014 | 03:46 PM
Straight QOL, homie
Joined: Feb 2012
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From: Record-Shattering Profit Facilitator
The court Delta would file in would be the U.S. District Court of the Northern District of Georgia. They wouldn't "kick that issue to another court," whatever that means. That's not how the system works. If either side disagrees (which would be inevitable) with the ruling either party is free to appeal to 11th Circuit Court of Appeals.
Your conclusory opinion is not grounded in the law or fact. You can speculate what a court might do but to say definitively what they would do is naive and irresponsible.
An injunction is not as easy to get as you and sailing seem to think. It's not something that would happen overnight either. There are factors that the court must consider.
Here's some caselaw for you, straight out of the DAL v. ALPA case in 2000:
"A party seeking a preliminary injunction must establish the following four factors: (1) a substantial likelihood of success on the merits; (2) a threat of irreparable injury, (3) that its own injury would outweigh the injury to the nonmovant, and (4) that the injunction would not thwart public interest." Haitian Refugee Ctr., Inc. v. Baker, 949 F.2d 1109, 1110 (11th Cir. 1991)
As another poster already pointed out, DAL could still cover the schedule using short calls and greenslips. The schedule would get flown, it would just be more expensive for them. Hard to argue that injury would be "irreparable" or that such "injury" would outweigh the harm to the pilots of having our PWA rights trashed by memo.
Again, all of this is moot as your union refuses to stand and fight. And, as I've said before, if DAL were successful at getting an injunction, SO WHAT! Neither DALPA nor the 49ers were fined because they did nothing illegal. Completely different from the AA sickout, which was clearly illegal--hence the fine.
Your conclusory opinion is not grounded in the law or fact. You can speculate what a court might do but to say definitively what they would do is naive and irresponsible.
An injunction is not as easy to get as you and sailing seem to think. It's not something that would happen overnight either. There are factors that the court must consider.
Here's some caselaw for you, straight out of the DAL v. ALPA case in 2000:
"A party seeking a preliminary injunction must establish the following four factors: (1) a substantial likelihood of success on the merits; (2) a threat of irreparable injury, (3) that its own injury would outweigh the injury to the nonmovant, and (4) that the injunction would not thwart public interest." Haitian Refugee Ctr., Inc. v. Baker, 949 F.2d 1109, 1110 (11th Cir. 1991)
As another poster already pointed out, DAL could still cover the schedule using short calls and greenslips. The schedule would get flown, it would just be more expensive for them. Hard to argue that injury would be "irreparable" or that such "injury" would outweigh the harm to the pilots of having our PWA rights trashed by memo.
Again, all of this is moot as your union refuses to stand and fight. And, as I've said before, if DAL were successful at getting an injunction, SO WHAT! Neither DALPA nor the 49ers were fined because they did nothing illegal. Completely different from the AA sickout, which was clearly illegal--hence the fine.
05-15-2014 | 04:01 PM
Gets Weekends Off
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05-15-2014 | 04:11 PM
Line Holder
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05-15-2014 | 04:14 PM
Gets Weekends Off
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From: M88 B
05-15-2014 | 04:17 PM
Da Hudge
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From: Poodle Whisperer
That's all I can say. Limited details may be released by DALPA tonight, but they just got the language.
It's certainly a major win, and I think we'll be quite pleased when we get the full details.
Edit: email is out.
It's certainly a major win, and I think we'll be quite pleased when we get the full details.
Edit: email is out.
Last edited by 80ktsClamp; 05-15-2014 at 04:31 PM.
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