Quote:
Originally Posted by gloopy
The company's case here seems to depend almost completely on circumstantial lack of proof of one's innocence.
The 4 pilots (so far) at issue were unable to accept a rotation assigned while on short call because they were out of position. The burden was on them to provide a valid excuse/defense.
As for the audit, how do you know what the company's case depends on? Have you actually seen what was presented to these pilots? Are you claiming that the company handed each of them a sheet and said, "Here are your assigned short calls for the last 36 months where you weren't assigned a rotation. Provide us proof that you were promptly available for each and every one."??? If that is the case, our union has completely abrogated its representation duties.
Somehow though, I suspect that the "circumstantial evidence" you reference was fairly strong and conclusive. FYI, there is direct evidence and circumstantial evidence. An eyewitness looking outside who actually sees snow flakes coming down could offer direct evidence that it was snowing at that time. A person who looked outside just before going to bed and saw green grass in the yard but wakes up to a fluffy white yard would offer a reasonable inference that it snowed sometime during that night and that reasonable inference is called circumstantial evidence.
Once again, if you are on SC from 08:00-20:00 but your ID is used at a KCM in a different terminal at 14:15 and, at 14:30, CASS is accessed to activate you on the jumpseat for a flight from your SC domicile to your iCrew/MyPay listed home of record and then there is a Facebook posting of you and your kid at 19:15 at a local sporting event, that is all circumstantial evidence (unless they get the crew who flew the flight you jumpseated on to testify, there is no direct evidence) but, based on all of that circumstantial evidence, a pretty reasonable inference can be made that you bailed early on your SC and were no longer "promptly available."