Hard Sell
#371
Line Holder
Joined: Oct 2017
Posts: 753
Likes: 206
You're gonna sue me for saying you must be the next Chuck Yeager after you stated quite clearly that SWAPA sucks, your fellow pilots are stupid, and your fellow pilots are also crappy pilots.
Be the hero we didn't know we needed, run for SWAPA office or volunteer for one of the committees. Perhaps it's time we have SWAPA leadership who truly thinks everyone else is stupid and can't fly very well. Maybe you're that guy.
Be the hero we didn't know we needed, run for SWAPA office or volunteer for one of the committees. Perhaps it's time we have SWAPA leadership who truly thinks everyone else is stupid and can't fly very well. Maybe you're that guy.
Get a loved one to read the interaction and trust them when they tell you that you need to calm down. Nobody is “suing you”, dude. It was a humorous way of saying that you are making outrageous claims that are obviously not true. I’m not happy with some of the known contractual agreements so far. I’m expressing it and that’s okay. Yes, it’s things that I’ve confirmed with my reps. However, what I was really attempting to communicate, but got too fancy with the delivery, is that I suspect that I might be on a merry-go-round. I suppose that the human nature that I’m witnessing, the arguments made, the actions of both union and company, are the same show every ten years or so. It’s my first contract, as mentioned above. I could be wrong but right now I’m believing it. That was my intended message in my post. Disagree if you want. That’s okay. However, find someone else to be your whipping boy. I’m supposing that you’ve got anger problems. That’s not something that I’m interested in dealing with and it’s something that won’t be kind to your own life either. Yes, I find that spectacularly unimpressive.
#374
Gets Weekends Off
Joined: Oct 2013
Posts: 232
Likes: 0
Look it's the old "they'll put us on ice, they'll never let us strike, the sky is falling, time value of money" argument straight from management playbook.
Most of the rumored stuff is turdville. Flush it.
$12 BILLION dollars of stock buybacks.
Robbed our profit sharing to pay off management induced meltdown.
Gave themselves bonus right after.
Know your worth and if it's a turd vote NO.
Even the flight attendants stood tall.
.
Most of the rumored stuff is turdville. Flush it.
$12 BILLION dollars of stock buybacks.
Robbed our profit sharing to pay off management induced meltdown.
Gave themselves bonus right after.
Know your worth and if it's a turd vote NO.
Even the flight attendants stood tall.
.
#375
In the very, very unlikely event we made it all the way to a strike, the real issue is: how many of our own pilots and how many outside pilots would come in and scab at SWA for a strike lasting a few hours to a couple of weeks? How many guys would work struck SWA work for a few hours or a couple of weeks in exchange for a lifetime on the scab list?
That's where pilot market dynamics come into play. If the company can break a strike with scabs in this environment, then we ought to settle ASAP. If they can't, then we ought to push forward. Somebody once said, "If it doesn't go until the last couple of days of a Presidential Emergency Board, we're leaving money on the table."
That's where pilot market dynamics come into play. If the company can break a strike with scabs in this environment, then we ought to settle ASAP. If they can't, then we ought to push forward. Somebody once said, "If it doesn't go until the last couple of days of a Presidential Emergency Board, we're leaving money on the table."
#376
On Reserve
Joined: Aug 2016
Posts: 17
Likes: 0
Don't know if it was "original" or not, but Tom N made that claim on Dec 12, 2023 while speaking to two upgrade classes at Empire Central. In that same discussion he told the room that the work that done was "an 11 out of 10."
OH yeah, some union reps have vigorously claimed recently that there is no SWAPA "sales job," and aggressivly attacks anyone who dares to doubt or show any skeptisism based on historical precedent from multiple boards who may or may not have all said the SAME WORDS! Well despite the stated position of certain union reps, the union sales pitch started last week!
"I trust them. They've been doing the work. They know better than me. If it's good enough for them, it's good enough for me ...," are the types of comments that stem from union functionaries telling people what a great product they have and how everybody else will regret leaving. The result is unengaged, apathetic, uneducated voters!
Those are the same type of voters who told me that they voted for the last contract cause "Weaks was voting yes." And now that contract that 84% LOVED in 2016 is raked over the coals daily by the majority of our group due to its deficiencies.
PEOPLE, THINK FOR YOURSELF. "SWAPA SPEAKS FOR ME" IS LAZY AND PROMOTES A MINDSET OF APATHY.
KNOW YOUR WORTH.
DO YOUR OWN RESEARCH.
DO NOT TRUST ANYBODY ELSE'S SUBJECTIVE DETERMINIATION OF HOW GOOD THE CONTRACT IS FOR YOU!
ANYBODY WHO TELLS YOU THAT THEY'RE NOT SELLING YOU ANYTHING IS SELLING YOU SOMETHING!
#377
On Reserve
Joined: Aug 2016
Posts: 17
Likes: 0
#378
On Reserve
Joined: Aug 2016
Posts: 17
Likes: 0
We're not fighting the NMB! We're fighting for a contract that we believe is equal to our value to SWA. The company doesn't set what I'm worth, the NMB doesn't set what I'm worth, and the market doesn't set what I'm worth either. WE set our own worth and rate with our vote!
"Industry leading" is subjective. The NMB doesn't dictate nor work with any regard to "industry..." ANYTHING. They're only job is to get a deal done. PERIOD.
The NMB does NOT hold power over you for eternity, regardless of how it may feel, or what they may say. The Surpeme Court has already ruled on that! Besides, if the SWAPA sales job, which is already in full swing, is to be believed, the company is NOT basking in the NMBs favor these days!
#379
On Reserve
Joined: Aug 2016
Posts: 17
Likes: 0
Nobody seems to consider the possibility that the company may need a deal done worse than the labor groups here.
They MAY very well end up worse. They also may very well end up better if/when the company puts a couple cherries on top just to get it to pass, at the cost of a couple months.
It's POSSIBLE, but fear, uncertainty, and doubt are much easier mindsets to peddle. FUD makes decisions, and the resolve needed for some decisions, much easier handle!
#380
Here's the blarney quote for those who haven't read it before:
Successful mediators often liberally use blarney (hoomalimali in Hawaiian) as one of their mediation tools. The [NMB] Chairman's statement may well have been a ploy. By inquiring as to the true meaning of such a statement we could well undermine its entire purpose by forcing the Board to admit it was a tactic to spur negotiations.
In a 1971 RLA case (Chicago & North Western Railway Co. v. United Transportation Union, 402 U.S. 570 (1971)) that was heard before the Supreme Court that considered issues of reasonableness, the majority stated:
Finally, we must consider the Court of Appeals' position that the question whether a party had exerted every reasonable effort was committed by the Railway Labor Act to the National Mediation Board rather than to the courts. We believe that the legislative history of the Railway Labor Act rather plainly disproves this contention ... In light of these considerations, we think the conclusion inescapable that Congress intended the enforcement of [the reasonable effort clause of the RLA] to be overseen by appropriate judicial means rather than by the Mediation Board's retaining jurisdiction over the dispute.
Since the courts, not the NMB, are the arbiters of reasonability in RLA cases, what is considered reasonable bargaining under the RLA according to them? Maybe the best way to communicate the thrust of how the courts have opined on the issue is to simply list quotes from a variety of RLA court cases without comment. If you don't want to read through them, the gist is that courts only concern themselves with determining if the sides have demonstrated a desire to reach an agreement and steer almost entirely clear of ruling on reasonability based on how "extreme" or "greedy" a proposal may seem to the other side or to those outside the dispute.
Given that the courts have jurisdiction over reasonability determinations in RLA disputes, and that the courts have abstained themselves from finding unreasonability except in the most egregious cases, do you think the mediator's comments about the "zone of reasonableness" (referring to Delta's negotiations last year) might not have been a tactic designed to spur negotiations rather than a rightful and binding determination of reasonability in the DL dispute? If DL management had taken DL ALPA to court to obtain some sort of injunction against them for the alleged unreasonability of their demands, DL management likely would have lost the case.
"Proposals described as "obstinate and unyielding" do not violate [the RLA]. In addition, "[m]ere insistence on demands that seem extremely harsh to the other side and that a neutral party may consider `hard' is not a violation of bargaining duties." (Trans World Airlines, 682 F. Supp). This rule has two important implications. First, "movement toward the position of the other side is not a requirement of good faith bargaining." Second, "[a]n employer may insist on positions . . . even if the union may consider the proposals greedy." (Air Line Pilots Association International, Plaintiff, v. Spirit Airlines, Inc. Defendant. Case No. 08-CV-13785)
The court can find no previous decision under the RLA, nor can TIA suggest one, which has inferred lack of reasonable effort solely from the size of the proposals put forth by the parties." The court noted that the union had reduced its proposals on two occasions, and characterized the bargaining as "obstinate and unyielding" but not in violation of the statutory standards.(Trans Intern. Airlines v. Intern. Broth., Etc., 650 F. 2d 949)
Here, by contrast, USAPA argues that defendants' proposal is unreasonable because it does not conform to industry standards as USAPA defines them. In order to assess this contention, the court would be forced to assess the substantive proposals of each party and to weigh their reasonableness. Doing so would take the court beyond the permissible scope of a bad faith bargaining inquiry. ("The Court cannot, and will not, evaluate these substantive negotiation proposals or weigh their reasonableness.") ("[G]reat circumspection should be used in going beyond cases involving `desire not to reach an agreement,' for doing so risks infringement of the strong federal labor policy against governmental interference with the substantive terms of collective-bargaining agreements.") (US Airlines Pilots Ass'n v. US Airways, Inc., 859 F. Supp. 2d 283)
For present purposes I accept as a persuasive and authoritative ruling the decision of Chief Judge Peckham in Trans Intl. Airlines v. Teamsters, 96 LRRM 2763 (N.D.Cal.1977), affirmed in an opinion by then-Judge Kennedy, 650 F.2d 949 (9th Cir. 1980). The union was there making demands that the airline contended would impose costs equal to a tripling of the flight attendant payroll. The union disputed the claim that there would be a cost increase estimated to be 294% but Chief Judge Peckham found it simply "unnecessary to the resolution [of the good faith bargaining issue] to determine the actual figures. TIA is effectively asking the court to hold that the sheer size of the Teamsters' economic demands, and the distance between the parties after a long period of negotiations, amounts to a lack of reasonable effort by the union to reach an agreement." 96 LRRM at 2765. The district court concluded it was forbidden by "`the strong federal labor policy against governmental interference with the substantive terms of collective-bargaining agreements'" from pursuing the matter further. (Independent Federation of Flight Attendants v. TWA, 682 F. Supp. 1003)
...as the Supreme Court acknowledged, speaking through Justice Black, the labor laws allow economic strength ultimately to control the establishment of contract terms, regardless of which side may have better reasons for its position … It is ‘permissible for a party to engage in `hard bargaining,' utilizing its economic power to its advantage to retain as many rights as possible’ subject only to necessity that there be a subjective ‘desire to reach ultimate agreement.’ (Independent Federation of Flight Attendants v. TWA, 682 F. Supp. 1003)
REA is a private enterprise corporation operating under a laissez faire economy; the circumstance that it cannot meet the demands of a competitive system and may face bankruptcy, if such be the fact, does not require its employees to accept a wage they deem inadequate and to surrender their legal right to strike once the procedures under the [RLA] have been met. To hold that the employees' assertion of their rights manifests a failure to exert every reasonable effort to resolve all disputes and thereby constitutes a [RLA] violation is without validity. It suggests that a court has the power to apply a coercive force upon the employees to yield to the carrier's offer even though they deem it inadequate—in effect, it would impose upon them the financing of an undercapitalized carrier … While BRAC was required to exert every reasonable effort to end the dispute, this did not mean that it was required to surrender its position entirely, or the legal rights of its members. (REA Express, Inc. v. BROTHERHOOD OF RAILWAY, ETC., 358 F. Supp. 760)
Whether the pilots' [negotiating] position was right or wrong, wise or unwise, economically sound or unsound, are questions with which this court is not concerned. If the processes of the Railway Labor Act could not resolve these questions, this court can certainly not resolve them, nor is it its function to do so. (Independent Federation of Flight Attendants v. TWA, 682 F. Supp. 1003)
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