Lew,

New guy- Once, if, we are released from mediation- after the cool off- is the union allowed to put forth job actions for example “no open time pick up” or something akin to that?
I know there are a lot of things we as SWA pilots do that are well above average- if the company continues to treat us as average pilots- perhaps we should be average? Again- curious if that is allowed under the RLA.

 

I'm not lew, but I can still answer that question. Swapa can tell its members to withhold their services at any level from not at all to a full strike. Failure to comply with swapa's instructions will result in a worker being labeled as a scab. CM nor swapa have not indicated publicly what exactly swapa self-help will entail, but historically, pilot unions typically do an all or nothing (aka, nothing) approach.

There's too much gray area in a "don't pick up open time" or "don't fly on weekends" or "write everything up" approach. Too many chances for people to innocently make a mistake and cross an ambiguous line. Even in a full out withholding of services like EAL, it's possible for miscommunication or misunderstanding to result in "inadvertent" scabs (or people claiming to be inadvertent scabs).

Also, it's usually the best option to rip the bandaid off. Paradoxically, it causes the least operational disruption because by inflicting the maximum amount of economic and public pressure, so the time on strike is almost always extremely short.

Of course, ALL OF THESE OPTIONS ARE ONLY AVAILABLE TO US IN THE EVENT OF A LEGAL STRIKE ONCE RELEASED TO SELF HELP UNDER THE RLA.

I personally believe that the full withholding of services is the best path to both a quick and fortuitous deal while minimizing the chances of collateral damage in the form of inadvertent scabs.

 

No. Again you are just making things up.

 

Sailingfun is indeed making things up. The amount of FUD in sailingfun's one statement quoted here is so egregious that it makes me wonder if he/she isn't working for FordHarrison in some capacity.

Sailingfun, please cite the RLA section and RLA case law that establishes the validity of what you're claiming. You can search my username for detailed explanations and case law that establishes that the NMB cannot keep a dispute in mediation "indefinitely," as you assert here.

 

What waterski said. He explained it well.

 

Thanks. Also, it creates ambiguity that the company could use to take hostages. I haven't seen any case law about it (likely because it's almost never used, though I'll certainly defer to Lew's expertise), but what happens if an individual member decides to embark on further self help than is mandated by swapa?

For example, in the event of the release to legal self help, swapa says no open time pickups, but I decide I'm also not flying weekends. Technically, I would be withholding services that swapa has not told me to withhold, so can the company terminate me for job abandonment or illegal job actions? After all, the actions I would be taking would be outside the scope of the self help swapa has elected to take in this example. In the event of a legal strike, SWA cannot terminate its pilots for legally withholding services, they can only choose to lock out pilots who are complying with the strike. Semantics, perhaps (not really), but that would make the line of a partial strike extremely fuzzy.

It would be an absolute minefield. Best for everybody involved to just strike legally and be done with it.

P.S.: Can I say "legal" enough? Better safe than sorry! No illegal job actions folks!

 

The company disagrees with you .

 

Waterskisabersw and Lew, wasn’t Republic held in mediation purgatory for years?

Being granted a release could also involve the political scene and flavor of the time. I’m encouraged with the current three person NMB panel. The chair and one other member have had ties to unions in the past. Not a sure indicator, but better odds of having a more sympathetic view toward unionized labor..

 

They’re probably also counting on age 67. That’ll be immediate relief, at least temporarily.

 

He’s a sad little man with no life.

So he gets off spouting the Delta water boys who almost destroyed our contract until we resoundingly rejected the it and purged them all. The Moakies.

And their leader Lee Moak? Well that speaks for itself.