Anyone who thinks their IP address ad hard email address used to register and use this site can't be subpoenaed is naive. Anyone who threatens illegal job actions on the interwebz is stoooopid. You CAN be personally liable for damages, and they CAN garnish your wages for the rest of your life to recover a judgement. Quit being internet tough guys with your illegal work action threats and just go to work and do your jobs the way you're supposed to!

 

I haven't seen anyone on this forum state they are participating in an illegal work action. That would be foolish. Simply talking about the existence of work actions is not illegal. Participating in the action IS. Our First Amendment protects the right to discuss and share thoughts freely in our society. If push came to shove and they were awarded a judgement against an individual pilot, that pilot is free to exercise his rights under the US Bankruptcy code, as their judgement is not a priority debt (student loan, support, alimony, etc).

They are interested in "deep pockets" to make restitution. Hence usually listing ALPA as the first defendant. They just have to prove ALPA was aware under section 6 of the Norris-LaGuardia Act.

"No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the United States for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof."

 

Over the last couple of months, posts have periodically popped up here and a Facebook group called "Stop The Whipsaw", organizing some sort of regional pilot sick out in September. They apparently even registered a web domain for it! The mods have done a good job of deleting the posts here. I have inside information that UAL, DAL, A4A, and the RAA have already begun court proceedings against those responsible for organizing it.

 

I have seen that site. Believe it or not there is no basis for a lawsuit until they can prove damages. It would be frivolous at this point. The burden of proof that the said defendants caused harm to the company would be difficult or impossible to prove, because no flights were canceled and nobody has participated in any action as of yet. The standard of proof in a civil case is 'clear and convincing evidence' or 'the preponderance of evidence'. Until any said sickout, no harm has actually taken place. Therefore there is nothing to sue for at this point. Discussion groups are not illegal. If anything they could be preparing to file an action right after such event, requesting an emergency injunction. But they'll have to wait and see what happens.

 

I understand that. Apparently they have sought injunction barring any potential sick outs, and have subpoenaed the information of the organizers to seek future damages if one occurs. Preemptive strike, pretty common in legal circles, Professor.

 

First they need to file a cause of action, and specify damages. They cannot just go to a judge and state, "we think something is going to happen, please help us!" They will get laughed out of chambers. They will have to wait until something actually happens causing them harm.

They are probably sending cease and desist notices hoping the organizers of these websites get scared off and go away. The legal system unfortunately does not work with that kind of speed or efficiency. Courts are inundated. Professor no, law student in a law office on days off, yes.

 

Wait, you are calling for a sick out in September Tony. (sarcasm)

 

That's adorable. Does that mean what you're saying constitutes bona fide legal advice?

 

If ALPA is not the organizer behind this supposed sick out, nor supportive of it, how could they be held accountable for the actions of individuals?

 

I thought I had copied it such that the NY times was on the top. It is in fact a NY times article.