I urge everyone to let the legal system take its course on this matter. A lot of people think lawyers and judges are scumbags, but that type of thinking only reflects your own ignorance of the democratic system and the way the legislature works. In any legal proceeding, there will always be someone on the "losing" end. I do not know that judge who ruled in the Mesaba case, but I know that his decision was based on the law and precedent. If you do not like the law as written, you should not take it out on the judge or the system. When I was practicing, I recall a judge say to me: "Counsel, I know you do not like the the new law; I do not like it either, but stop making these novel arguments before me. If you really do not like it, go tell your representative!"

Every member of the pilot group at Mesaba can and should do what he or she thinks is best. If your morals and ethics allow you to go on a slowdown for example, then do it. Just be prepared for the consequences of such actions. What has happened at Mesaba did not just happen overnight. Anyone with a bit of foresight would have been thinking of one's own future a long time ago.

I hope everything turns out well for our brothers and sisters at Mesaba.

 

I appreciate your perspective, and your advice, in general. We would all do well to keep these principles in mind.


However, the frustration that has erupted of late is that which derives from judges constructing decisions that are neither based on law or precedent, but rather on some principle to which they ascribe.


The Railway Labor Act is a complicated area of law that deserves specialists, and I don't claim to be one. However, we can all agree that the intent of that legislation was to be fair to both parties, to provide essential services to our economy, and to provide avenues to negotiate bargaining agreements. To borrow the term "endentured servitude" from a previous post, it allows the system to continue to operate without imposing indentured servitude on the workers involved.


Now, when courts impose decisions that are contrary to the letter AND spirit of the RLA, our respect for their dedication to the law and precedent quickly evaporates. Under the RLA, The Company's right to impose a contract is an act of Self Help, which it gains only after a long and complicated process. When the Company gains the right of Self Help, so too do the laborers. If The Company can impose work rules, the Employees can withdraw their services (strike). There is no law or precedent which gives the Employee the right to withdraw services while the Company has no recourse, and there is no law or precendent the gives the Company the right to impose work rules while the Employee has no recourse.

What this judge has done goes contrary to law and precedent. He has given one party a right of Self Help (imposing a contract) while withholding the corresponding right (withdrawal of services) from the other.


This is not law, and it's not precedent. It's legislation from the bench.



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It is real simple: do exactly what your job description tells you to do. No more, no less. In other words, be professional but don't offer to do any favors.

 

Tony, this is the first time in my career as a lawyer and judge to see such a well reasoned response from a non-lawyer. I wish all my students could be like you. As judges, we are also human and we do try our best to interpret and effect the law. The public may not always perceive it as such, but we certainly try not to legislate from the bench. We police our own and judges who do that tend not to last long.

Believe me, I understand the level of frustration and seeming helplessness felt by pilots at Mesaba and elsewhere. The airlines is one of the most volatile industries today. I worry about the young men and women who wish to make a career in it. It is a long road ahead, but I am hopeful nevertheless. This forum is the better for your guidance, support and encouragement. I have said this both privately and publicly more than once.

 

"Let the legal system do it work"

its already done its work and has continously screwed pilots.

that kinda attitude and we'd all still be F'in BRITISH

the LEGAL SYSTEM DIDNT WORK BACK THEN AND THE ANSWER WAS THE REVOLUTIONARY WAR!!!!!!!!!!

 

im ashamed that some of you are so spineless

 

Setting aside the 'slowdown' aspect of 'flying safely' for a moment, who would be willing to carry write-ups around for $11K/yr to help the company maintain a schedule/reputation? Sure as heck not me!

No bucks, no Buck Rogers!