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Old 07-05-2017 | 06:15 PM
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Originally Posted by notEnuf
This will only expand across the country. They know that. Instead of honoring the law and the laws of states where pilot bases are, they will make ALPA negotiate for it. It's coming, no reason to just hand it to the biggest base if the lawyers say they can stall it until negotiations.

Our future, our fight. ...unless we don't like the resultant legislation.
I hope we don't loose negotiating capital on this, but if it comes to that it should include all pilots no matter what state you are in. I think United already won this case in CA!
Old 07-05-2017 | 06:39 PM
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Originally Posted by nohat
I hope we don't loose negotiating capital on this, but if it comes to that it should include all pilots no matter what state you are in. I think United already won this case in CA!
I suspect this will end up in court, either as an individual case or as a class action. A union can't negotiate what laws of the land apply and what laws don't.
Old 07-05-2017 | 06:46 PM
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Originally Posted by OOfff
Does the law say "sleep" opportunity, or "rest" opportunity?
Both, because it says 10 rest and 8 sleep opportunity. Both of those have to be a part of the rest period in question. For example, hotel transportation still counts as "rest" like it used to even though the period was increased from 8 to 10. But an additional 8 hours minimum uninterrupted sleep opportunity was added. That can in no way imaginable be accomplished in 8 hours behind the door.
Old 07-05-2017 | 06:49 PM
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Originally Posted by nohat
I hope we don't loose negotiating capital on this, but if it comes to that it should include all pilots no matter what state you are in. I think United already won this case in CA!
It absolutely should count for all pilots. As long as they have a base somewhere that requires a disproportionate benefit from a collectively bargained one, we all should get it.

Some states have additional plans, like NY state disability etc, where you have to pay into it but get whatever benefit it offers. But MN and CA et al are mandating that those bases get to use the same collectively negotiated benefit in excess of everyone else who paid equally to negotiate it in the first place. Good for one, good for all.
Old 07-05-2017 | 06:52 PM
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Originally Posted by flyallnite
I suspect this will end up in court, either as an individual case or as a class action. A union can't negotiate what laws of the land apply and what laws don't.
Nor can states dictate how protected collectively bargained rights apply differently through sheer force of political will. If they want to offer a special benefit to their workers, they can do it at the state level with their magical taxes and all that.
Old 07-05-2017 | 07:00 PM
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Originally Posted by gloopy
It absolutely should count for all pilots. As long as they have a base somewhere that requires a disproportionate benefit from a collectively bargained one, we all should get it.

Some states have additional plans, like NY state disability etc, where you have to pay into it but get whatever benefit it offers. But MN and CA et al are mandating that those bases get to use the same collectively negotiated benefit in excess of everyone else who paid equally to negotiate it in the first place. Good for one, good for all.
What are you willing to give up for that?
Old 07-06-2017 | 03:50 AM
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Keep in mind that this entire discussion could open up a can of worms at some point that we really don't want to explore. If state laws fully apply to workers under the RLA they will argue that they have the right to tax those workers and move for a repeal of the federal law that overrides states abilities to level taxes on transportation workers.
The courts have already ruled at the federal level that a pilots domicile is his place of work and since the place of work not residence is the taxing authority for states for all other workers this could become a bad thing.
You think NYC is junior now wait to see the result when everyone based there has to pay NYC state and city taxes!!
Old 07-06-2017 | 05:55 AM
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Originally Posted by sailingfun
Keep in mind that this entire discussion could open up a can of worms at some point that we really don't want to explore. If state laws fully apply to workers under the RLA they will argue that they have the right to tax those workers and move for a repeal of the federal law that overrides states abilities to level taxes on transportation workers.
The courts have already ruled at the federal level that a pilots domicile is his place of work and since the place of work not residence is the taxing authority for states for all other workers this could become a bad thing.
You think NYC is junior now wait to see the result when everyone based there has to pay NYC state and city taxes!!
I understand your points, "law of unintended consequences" and all that. But - if an ATL based pilot (and lets say for arguments sake) he has his tax home in Georgia (house, car, etc - he really lives there), why shouldn't this Kincare law applied to him?

If he were to get furloughed, and applied for Unemployment, wouldn't the State of Georgia be the one processing that and paying him?

I can't see how a company like Delta can argue this Kincare law doesn't apply.
Old 07-06-2017 | 06:05 AM
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Originally Posted by iaflyer
I understand your points, "law of unintended consequences" and all that. But - if an ATL based pilot (and lets say for arguments sake) he has his tax home in Georgia (house, car, etc - he really lives there), why shouldn't this Kincare law applied to him?

If he were to get furloughed, and applied for Unemployment, wouldn't the State of Georgia be the one processing that and paying him?

I can't see how a company like Delta can argue this Kincare law doesn't apply.
I agree with you on the ATL pilot living in GA and paying taxes. I know NY is chomping at the bit wanting to tax all the airline employees based there. This could be the ammunition they need if we start trying to pick and choose what RLA aspects apply and what aspects don't. They were ticked when a TWA pilot living in the Bahamas and based in NY tried to claim ex patriot status and the fed courts said NY was his domicile and therefore his place of work and he was not a ex patriot and owed all US federal taxes. NY felt that opened the door to tax all airline employees. We are one amendment inserted into some 1000 page bill from that reality.
Old 07-06-2017 | 06:48 AM
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Originally Posted by sailingfun
Keep in mind that this entire discussion could open up a can of worms at some point that we really don't want to explore. If state laws fully apply to workers under the RLA they will argue that they have the right to tax those workers and move for a repeal of the federal law that overrides states abilities to level taxes on transportation workers.
The courts have already ruled at the federal level that a pilots domicile is his place of work and since the place of work not residence is the taxing authority for states for all other workers this could become a bad thing.
You think NYC is junior now wait to see the result when everyone based there has to pay NYC state and city taxes!!
That won't happen. Imagine if all the people living in Connecticut and working on Wall St. had to pay NYC taxes. Or all the people living in Virginia paying DC taxes. Not in a million years. Delta will have to deal with this at some point, however. Delta would have been better served in the last negotiations by trying to reduce the total sick hours we have rather than going the verification route.

This is coming. DL will have to negotiate with ALPA to mitigate the effects, otherwise they will take an enormous hit in productivity and employee cost. If I were ALPA, I'd be looking to trade the benefit for a pension, nothing less.

Last edited by flyallnite; 07-06-2017 at 07:07 AM.
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