COVID19 Impacts
10-11-2021, 04:44 AM
#171
Will FTI for food...
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Joined APC: Feb 2013
Posts: 388
Originally Posted by Casualinterest
When you get your news from oan lol. It's already been shot down that this had anything to do with the vaccination mandate. Sounds like an operations breakdown due to understaffing. Not to mention, this would've been an illegal work action giving management just cause to let a bunch of people go. Nothing to see here. Unless it think spirit's meltdown was because of the vaccine too
10-11-2021, 06:16 AM
#172
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Joined APC: May 2017
Posts: 1,793
Originally Posted by preflight
Illegal work action? Or maybe just a bunch of guys with over two months of sick time and a Dec deadline? Potato, potahtoe...
10-11-2021, 06:56 AM
#173
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Originally Posted by Casualinterest
Yea, unfortunately i think all a company has to do is prove that a group of union employees all did something at the same time that negatively affected the operation and that it was statistically significant, and the judge will side with the company. There are a few examples I remember but the exact instances illude me right now. I think the spirit pilots got slammed for a sick out. Or Atlas. I can't remember right now.
10-11-2021, 09:27 AM
#174
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Posts: 1,793
Originally Posted by preflight
So the company did somethng that made the pilots do something...I suppose you wouldn't try to use your sick time if you were gonna get fired in a couple months?
The judge in the spirit case even went so far as to say that a refusal to accept overtime, inconsistent with historical rates of acceptance, is a work action.
And not for nothing, but if I was planning on challenging anything in court, a concerted effort to damage the company with fake sick calls would be the worst idea. Aside from giving the company "bad faith" ammunition to use in court, they could just fire you for engaging in illegal work action and not have to worry one bit about the vaccination argument
10-19-2021, 08:20 AM
#175
Will FTI for food...
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Joined APC: Feb 2013
Posts: 388
Originally Posted by Casualinterest
It depends. If me and a few hundred other people do it at the same time then it's a work action. The hypothetical question you posited doesn't matter. Because I didn't say what I would do. I just said that if true, it would likely be classified a work action. You could say it's a boycott.
The judge in the spirit case even went so far as to say that a refusal to accept overtime, inconsistent with historical rates of acceptance, is a work action.
And not for nothing, but if I was planning on challenging anything in court, a concerted effort to damage the company with fake sick calls would be the worst idea. Aside from giving the company "bad faith" ammunition to use in court, they could just fire you for engaging in illegal work action and not have to worry one bit about the vaccination argument
The judge in the spirit case even went so far as to say that a refusal to accept overtime, inconsistent with historical rates of acceptance, is a work action.
And not for nothing, but if I was planning on challenging anything in court, a concerted effort to damage the company with fake sick calls would be the worst idea. Aside from giving the company "bad faith" ammunition to use in court, they could just fire you for engaging in illegal work action and not have to worry one bit about the vaccination argument
But it seems to have resulted in pilots no longer "needing" to use sick leave before termination...sometimes people just do things because you gave them no choice, you can call it a "work action", I choose to call it "self defense".
https://www.cnbc.com/2021/10/19/sout...xemptions.html
10-19-2021, 12:03 PM
#176
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Joined APC: May 2017
Posts: 1,793
Originally Posted by preflight
But it seems to have resulted in pilots no longer "needing" to use sick leave before termination...sometimes people just do things because you gave them no choice, you can call it a "work action", I choose to call it "self defense".
https://www.cnbc.com/2021/10/19/sout...xemptions.html
https://www.cnbc.com/2021/10/19/sout...xemptions.html
And lol, you can "call it" whatever you want. If a judge calls it a work action then it is.
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