Quote:
Originally Posted by zerozero
This is a misinterpretation of what the actual language says. There would be no "nullification". The language is what the language is, and that allows for three scenarios:
1. The acquired carrier is represented by the same bargaining agent (e.g. ALPA/ALPA or IBT/IBT). This was the case for both Atlas/Polar (ALPA/ALPA) and Atlas/Southern (IBT/IBT).
2. The acquired carrier is represented by a different bargaining agent (ALPA, SWAPA, APA, IPA like that would ever happen).
3. The acquired carrier has no representation.
Clearly, an in house union fits NONE OF THE ABOVE and therefore the company cannot enforce this clause of the contract.
Thanks for this. FWIW I agree with your assessment here, but I am legally dumb. The question in my mind, and one I think we should ask isn't "What does the law, contract, etc. say?".
What's actually going to happen to our people in the field?. I'm asking "Can the company apply this the way they want to?". "Can a new organization without funding convince a judge of our interpretation here?". Although I am dumb, I have experienced litigation. I was amazed at how pliable law and enforcement really is. It worked out, but it let me appreciate my naivitee.
Litigation eventually comes to the mind of a judge. Judges are human and can be bent to read and enforce law in ways that are questionable or surprising. In theory and movies litigation occurs in a courtroom with arguments. Judges, in fact, are influenced in many, many ways.
I really think consulting with a tested, non-partisan expert (a litigator, specifically) who knows how to fight on this terrain would be a very wise investment. It's easy to start down a path, but it's hard to see what the end actually looks like.