Quote:
Originally Posted by DLax85
Seriously.....calling all LOA advocates, MEC lurkers, Mgt lurkers, ALPA lawyers would advised the NC...please log in and reply.
Please show me where scope is explicitly or implicitly written in this LOA?
It appears to me the biggest reason some still want to vote for this LOA is that they are "under the impression" or "have been told" the LOA will somehow prevent the company from hiring foreign pilots now or in the future.
Please show me the verbiage in the LOA you are hanging your hat on?
Thanks,
I'm not any of the above (jailhouse lawyer maybe
), and have asked the same question to both the company and the union with no good answer.
I posted this on another thread earlier......
I'm not sure - but this may be what they're "hanging their hat on" - FWIW.
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....in the Attachment A that everyone who volunteers to man the FDA has to sign before they go - just a couple of pieces related to scope here - NOTE that these points are MUTUALLY agreed to (in writing) by the individual pilot and the company:
...These duties are accepted as mutual and include the following:
1. The provisions of the collective bargaining agreement between Federal Express and its flight deck crewmembers as represented by ALPA shall continue to govern my employment as a Federal Express pilot during my CDG FDA and/or my HKG FDA.
7. I shall continue to be a member of the craft or class of fight deck crewmembers of Federal Express currently represented by ALPA pursuant to the Railway Labor Act. ALPA will continue to act as my exclusive collective bargaining representative during my assignment at the CDG FDA and/or the HKG FDA.
9. Any dispute between myself and Federal Express over the interpretation of the provisions of the collective bargaining agreement shall be resolved in accordance with the provisions of Sections 19, 20, and 21 of that collective bargaining agreement.
There's also another line dealing with being governed by US Law and not Chinese and/or French and/or any other country's laws......
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OPINION: #9 is probably one of the more "enhancing" statements....this kind of
additional language may have precluded the company's position that the pilots of the Subic FDA were not covered by the CBA, RLA, and/or US laws - and then ALPA might not have had to sue them over that position - maybe? and it also might further undermine that position (which the company is believed to still hold) if the LOA is approved. But, again, I'm only a jailhouse lawyer
this is all I could find on my own that might enhance any current scope language.