Insurance protects an insured from accidents. Intentional acts are excluded.
This DFR, as alleged by the Plaintiffs, was not an accident. Maybe this is why ALPA's politicians have been using the "incompetence" defense a lot lately. "It was an accident we outsourced your job ...." |
Originally Posted by Wasatch Phantom
(Post 1022127)
I believe the proper term (at Delta) is "agency shop".
What that means is membership in the union is optional (unlike a "closed shop" where membership is mandatory). If one is not a member of the union in an agency shop they don't pay "union dues" but rather pay an "agency fee". This can be thought of as a fee for negotiating and administering the contract. In theory you would not be paying for some of ALPA National's bloated bureaucracy, but I don't know what the savings (if any) would actually be. I do believe you would be exempt from all assessments, but that's just my opinion. No longer have a "by-laws" book, but I'd be surprised if non-members were insulated from this. IF it was structured like that, it would only result in a mass exodus for members to dodge a large dues increase or assessment. As national is very wily in the ways to protect itself and maximize ITS interests (is everyone starting to get the picture now ?), I'd expect that emergency exit door to be bolted closed, thus ensuring there's no safe haven for individual pilots to escape to. Perhaps another could confirm or refute the ability of national to also apply dues increases or assessments equally to non-members as well. I'd expect it though, as that's been their M.O. |
Originally Posted by Bucking Bar
(Post 1022130)
Insurance protects an insured from accidents. Intentional acts are excluded.
This DFR, as alleged by the Plaintiffs, was not an accident. Maybe this is why ALPA's politicians have been using the "incompetence" defense a lot lately. "It was an accident we outsourced your job ...." |
Originally Posted by forgot to bid
(Post 1022076)
I bet there are some TWA folks celebrating today! Good for them. I wonder how many we have here at Delta, they'd be interesting to hear from.
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Originally Posted by Bucking Bar
(Post 1022104)
This sucks. T-WAY is not even ALPA any more. However, they were during the time frame involved. EXTW;) |
Originally Posted by Bucking Bar
(Post 1022130)
Insurance protects an insured from accidents. Intentional acts are excluded.
This DFR, as alleged by the Plaintiffs, was not an accident. Maybe this is why ALPA's politicians have been using the "incompetence" defense a lot lately. "It was an accident we outsourced your job ...." Bar, I think many professions (such as attorneys, engineers, etc) purchase "Errors and Omissions" insurance which may, depending on how the coverage is written, cover some of the potential damages. I would doubt (though I have zero actual knowledge) ALPA's insurance limits would go as high as the numbers mentioned for potential damages... |
Wow, just wow!
Has USAir East already filed a lawsuit against ALPA for the 'integration' with the West? B6 Beware... |
Originally Posted by eaglefly
(Post 1022131)
No longer have a "by-laws" book, but I'd be surprised if non-members were insulated from this. .
Delta used to be an "open shop" with membership (and dues paying) up to the individual pilot. When Delta purchased the assets of Pan Am there was a modification and extension to the current working agreement. Part of that was a change to agency shop. IIRC a Delta pilot sued ALPA because they were essentially charging him full dues rather than a "contract administration fee". Here's a link: Union Forced to Return $672,000 in Dues Illegally Seized From Delta Airlines Pilots | National Right to Work Legal Defense Foundation I think the theory is it's appropriate to pay a fee for negotiating and administering a contract (at your airline only), however if one doesn't belong to the union they shouldn't be forced to pay for certain union activities, such as the costs of organizing another carrier, strike benefit assessments, etc, etc. ALPA's actions regarding the TWA pilots SLI would (IMHO) have nothing to do with negotiating and administering a contract at Delta and therefore a non-member would be exempt from any assessment(s). |
Of course until the damages are decided in court, the amount is speculation. But given the fact that this is a DECADE of lost wages, pension contributions, etc of 2,700 pilots, I would have to say this is going to be a doozy. I wouldn't be surprised to see a figure as high as half to 3/4 of a billion dollars. Would the guys ever see the money? Of course not. That's how our system works. But I will say it may be pretty close to the end of ALPA.
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Originally Posted by Wasatch Phantom
(Post 1022153)
ALPA's actions regarding the TWA pilots SLI would (IMHO) have nothing to do with negotiating and administering a contract at Delta and therefore a non-member would be exempt from any assessment(s).
If you read up on this lawsuit, you will find that it's merits have nothing to do with the SLI, of which there was none. EXTW |
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