Quote:
Originally Posted by Check Essential
If Delta took ALPA to court, what would they argue? That we weren't following Dickson's memo? I'm not so sure they want to go there. Dickson's memo is a wing and a prayer. It is not enforceable by any court or arbitrator anywhere. Its a memo. The only reason it is working is because DALPA has allowed management to use intimidation, fear and punishment to establish new reserve rules instead of using the RLA collective bargaining process.
The Court Delta would take us to wouldn't care about SD's memo. They would kick that issue to another court, who would kick it to a mediator, then to an arbitrator. It could take months.
But, the Court would probably find that DALPA's position did cause some pilots to not be available to fly when they otherwise would be and acknowledge the immediate, irreparable harm to Deltas operation caused by the subsequent flight cancellations. It really wouldn't even have to be a reserve pilots fault. They could take one cancelled flight that couldn't be covered by and blame DALPA's policy and the domino effect.
Not only would Delta argue that they were losing money, they would argue that they were losing passengers -- forever (dramatic, right?)
It would be hard to prove, but the Court would go along with it, issue injunctive relief, and fine the union -- for something that probably wasn't our fault to begin with.
What many of you are suggesting is a losing proposition.