Quote:
Originally Posted by Lewbronski
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!