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notEnuf 09-10-2016 05:50 PM


Originally Posted by sailingfun (Post 2199968)
You can't ever bind a third party not involved in a negotiation. I meant to say arbitrator. The arbitrator is not bound by our contract. The company showed up as did Dalpa and met all timelines. We await the arbitrators decision and he is not under any obligation from our contract. DALPA pointed this out in a recent communication.

So you expected this delay then. What obligation is he bound to? Seems if we are going to mutually employ an arbitrator we would inform him of our mutual agreement and expectation. What would be an acceptable timeline, now that we are making stuff up as we go?

Purple Drank 09-10-2016 06:37 PM

The transcripts of the hearing haven't even been finalized. The arbitrator can't do much without those. We're still weeks or months from a decision.

Looks like the company and Malone/Phinney (contract admin chairman) have implicitly agreed to blow off the contractual timeline. I'm sure our guys thought they'd get something in return for solving the company's problems. Oops.

Phinney already seems to be nearby ********** whenever the company successfully stomps all over our contact. Get him out.

FL370esq 09-10-2016 06:41 PM


Originally Posted by Purple Drank (Post 2200014)
Phinney already seems to be nearby ******* whenever the company successfully stomps all over our contact. Get him out.

Not saying he should stay but if you remove him, who goes in his place?

Purple Drank 09-10-2016 06:48 PM


Originally Posted by FL370esq (Post 2200019)
Not saying he should stay but if you remove him, who goes in his place?

There are a couple of guys I'm aware of with impeccable credentials and experience who would be excellent. Not sure if Malone would hire them... or if they'd work for him.

It's time to finish the administration purge we started last summer.

notEnuf 09-10-2016 06:59 PM

Sounds like this administration can't multi-task. The profit sharing grievances hearings haven't even been scheduled yet.

Weak, just weak.

JamesBond 09-11-2016 04:45 AM


Originally Posted by sailingfun (Post 2199968)
You can't ever bind a third party not involved in a negotiation. I meant to say arbitrator. The arbitrator is not bound by our contract. The company showed up as did Dalpa and met all timelines. We await the arbitrators decision and he is not under any obligation from our contract. DALPA pointed this out in a recent communication.

So then that is a worthless clause. Great. Some good lawyering right there.

sailingfun 09-11-2016 04:56 AM


Originally Posted by JamesBond (Post 2200150)
So then that is a worthless clause. Great. Some good lawyering right there.

Yes, it's horrible. Guys will have to wait a extra 60 days or so to get their retro. We could make lots of noise and push him I suppose. That would probably solve the whole retro situation! Is there reverse retro?

JamesBond 09-11-2016 05:03 AM


Originally Posted by sailingfun (Post 2200153)
Yes, it's horrible. Guys will have to wait a extra 60 days or so to get their retro. We could make lots of noise and push him I suppose. That would probably solve the whole retro situation! Is there reverse retro?

Where do you come up with that 60 days above? It seems very open ended to me. It could drag out until we sign the contract. And the point is not that they have to 'wait' for their retro, the point is that we apparently gave up 3.B.6 for this, and it is completely in the company's favor. They can negotiate/decide this at their leisure.

And delayed wages are affected by TVM. They should get interest as well imho.

Elliot 09-11-2016 06:41 AM


Originally Posted by FL370esq (Post 2200019)
Not saying he should stay but if you remove him, who goes in his place?

J.B. in scheduling would be a good start.

Elliot 09-11-2016 06:47 AM


Originally Posted by JamesBond (Post 2200158)
And delayed wages are affected by TVM. They should get interest as well imho.

Whoa James, just fricken whoa!

The TVM argument - for some of these yahoo's - only applies when supporting their weak positions on Section 6 negotiations, not when discussing any other lost income. (i.e. 321 pay)


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