Dalpa dfr?
 

Newk, Carl, Denny, and the other smart guys: Are these egregious decisions from DALPA, including the JV settlement, actionable from a DFR standpoint?

Most certainly not a smart guy but, to answer your question, the above is probably not actionable from a DFR standpoint.

The RLA had no statutory, much less an administrative remedy to pursue such a claim against a union therefore any claim must rely on standards established by case law. Such standards are very deferential to the union and you would have to establish that the union either acted in bad faith or in an arbitrary manner (i.e., no rational reason) or in a discriminatory manner in order to prevail. Poor negotiating skills, without evidence of bad faith or discrimination, just won't cut it.

Plus, the Court would probably say that we could always just boot them out. If they only knew how hard that seems to be. :D

I'm afraid the courts would echo the statement from Chief Justice John Roberts when he issued the swing vote to allow the Obamacare fines: "It is not the responsibility of this court to save the American people from their election choices."

Carl