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Old 01-31-2015, 04:36 AM
  #41  
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Default SWAPA request mediation

Back on topic - I'm not up to speed on labor relations. What exactly does a mediator do to help both sides come to an agreement? What tactics do they use? How long does mediation typically last? Under the railway labor act is there any incentive for management to sign a contract? Or does it benefit them to drag their feet indefinitely? Has an airline contract ever been born from mediation, or does it typically have to go to arbitration or the cooling off period before an agreement is ratified?
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Old 01-31-2015, 08:40 PM
  #42  
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Great ?s. Will reply when I can.
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Old 01-31-2015, 09:15 PM
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[QUOTE=ZapBrannigan;1815976]Back on topic - I'm not up to speed on labor relations.
What exactly does a mediator do to help both sides come to an agreement?
Facilitate realistic bargaining positions between parties.
What tactics do they use?
Varied among mediators I would assume.
How long does mediation typically last?
Anyone's guess at this point.
Under the railway labor act is there any incentive for management to sign a contract? Or does it benefit them to drag their feet indefinitely?
Yes, the answer is FULL retro pay.
Has an airline contract ever been born from mediation, or does it typically have to go to arbitration or the cooling off period before an agreement is ratified?
Yes, it has happened, mediation has sometimes born results.

Hopefully, an outside third party mediator from the NMB can shed some light on what current industry peer standards are with regard to: retirement compensation, reserve rules and to a lesser extent hourly pay.
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Old 02-01-2015, 06:08 AM
  #44  
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IMO the company has been dragging their feet and stalling by using unrealistic bargaining positions on purpose for short term financial gain with the intention on settling the contracts this year. They now have a huge cash reserve that they are going to fund some cooked up scheme with. They knew we wouldn't settle for their asks last year. Nobody would have.
I predict they will get the 51 percent solution by the end of summer and we will be voting on it in the fall.
I think full retro is the one thing that we all have unity on. I don't see a contract going through without it.
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Old 02-01-2015, 06:24 AM
  #45  
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Originally Posted by e6bpilot View Post
IMO the company has been dragging their feet and stalling by using unrealistic bargaining positions on purpose for short term financial gain with the intention on settling the contracts this year. They now have a huge cash reserve that they are going to fund some cooked up scheme with. They knew we wouldn't settle for their asks last year. Nobody would have.
I predict they will get the 51 percent solution by the end of summer and we will be voting on it in the fall.
I think full retro is the one thing that we all have unity on. I don't see a contract going through without it.
Color me more pessimistic than that. Until the company needs something in a big way there is zero motivation for them to settle our contract.
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Old 02-03-2015, 07:06 AM
  #46  
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Originally Posted by ZapBrannigan View Post
What tactics do they use?
If one side is in a hurry, the mediator "ices" them out. If you are dragging your feet, the mediator trys to speed things along. Bottom line is they are trying to push both sides to an acceptable outcome as quickly as possible.
Originally Posted by ZapBrannigan View Post
How long does mediation typically last?
I don't know an average, but until the mediator declares in impasse, defined term under the RLA, and releases the parties into a month long cooling off period, also a defined term, neither party can violate the status quo that existed when mediation began. If, at the end of the cooling off period, there still isn't an agreement the parties are released for self help (strike or lock-out) unless there is a Presidential Emergency Board (PEB) empaneled which won't allow self-help, if one is created - they won't, and MAY impose terms based on the last best proposal from each party.
Originally Posted by ZapBrannigan View Post
Under the railway labor act is there any incentive for management to sign a contract? Or does it benefit them to drag their feet indefinitely?
It depends on whether management sees a new CBA as higher cost or if they want to get some work rule / concession done to save the shareholders money. The RLA was put into place to keep the transportation system running, and puts labor at a "disadvantage" to say the least.
Originally Posted by ZapBrannigan View Post
Has an airline contract ever been born from mediation, or does it typically have to go to arbitration or the cooling off period before an agreement is ratified?
Sure. There have been plenty of CBAs born out of mediation. They typically come down to the eleventh hour. Unless your contract calls for binding arbitration the above applies (impasse, cooling off, release or PEB)

I don't see SWA ever being released into self help since the stoppage of the largest domestic carrier would have a massive impact on other businesses and the financial health of the country, or at least that's what management would argue. There would be a PEB no matter what party the President represents.

I'd love to see full retro! The reality is it makes a good bargaining chip for SWAPA, but I seriously doubt it would be granted by a PEB or suggested as a serious part of negotiations by the mediator, and will be traded by SWAPA for something else with potential value during mediation.

I may be wrong about all of the above (the answers are worth what you paid for them) but wish you all luck!

Last edited by F9 Driver; 02-03-2015 at 07:12 AM. Reason: added arbitration response
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Old 02-03-2015, 07:45 AM
  #47  
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Originally Posted by e6bpilot View Post
IMO the company has been dragging their feet and stalling by using unrealistic bargaining positions on purpose for short term financial gain with the intention on settling the contracts this year. They now have a huge cash reserve that they are going to fund some cooked up scheme with. They knew we wouldn't settle for their asks last year. Nobody would have.
I predict they will get the 51 percent solution by the end of summer and we will be voting on it in the fall.
I think full retro is the one thing that we all have unity on. I don't see a contract going through without it.
Ahhh young TACOMITE.... welcome to the civilian world. Your optimism cup not half full..... it runneth over!
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