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-   -   Unethical or illegal, payoff and favors (https://www.airlinepilotforums.com/union-talk/98870-unethical-illegal-payoff-favors.html)

WingOffLight 12-14-2016 04:29 PM

Unethical or illegal, payoff and favors
 
In another area of this board Ive followed a certain airline for some time as they were a competitor and I no longer sit behind the yoke.

At first I though it was people venting or blowing off steam, but the more I read the more it seems a legitimate case. After making a few phone calls it seem to be more fact than fiction. Also appears Alpa was notified in 2013 of possible wrong doings at this airline and there was no follow up or recourse.

This particular airline had contract negotiators and those off the merger team end up in management positions directly after things were signed. Others were given off line check capt positions as first officers. They are perhaps now one of the lower compensated pilot groups for their area of operations.

The Taft Hardly act makes this a felony if the bribe is over a 1000usd. However, I being management, can offer this person an over compensated position or that of higher compensation and it doesn't specifically violate the Labor Management relations ACT.

Not endorsing this practice and personally find it dishonorable. I would just like other opinions and/or knowledge of the law.

kevbo 12-17-2016 09:59 PM

There is a way around everything. It's like asking a girl out for a date or soliciting prostitution outright. Same intent and result, ones legal the others not.

Allegheny 03-07-2017 03:13 PM

This particular airline had contract negotiators and those off the merger team end up in management positions directly after things were signed. Others were given off line check capt positions as first officers. They are perhaps now one of the lower compensated pilot groups for their area of operations.

LMRDA, the Labor Management Reporting and Disclosure Act address some elements of bribes and illegal kick backs. However it does not address job promotion.


Report of Employers

(29 U.S.C. 433)

SEC. 203. (a) Every employer who in any fiscal year made –
  • any payment or loan, direct or indirect, of money or other thing of value
  • any payment (including reimbursed expenses) to any of his employees, or any group or committee of such employees,
  • any expenditure, during the fiscal year, where an object thereof, directly or indirectly, is to interfere with, restrain, or coerce employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing.
  • any agreement or arrangement with a labor relations consultant or other independent contractor or organization pursuant to which such person undertakes activities where an object thereof, directly or indirectly, is to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing
  • any payment (including reimbursed expenses) pursuant to an agreement or arrangement described above.


You are correct in that this does not address promotion it only addresses cash, bribes or other things of value.

Hetman 03-08-2017 04:54 AM

It might could be argued that the increase in pay that goes along with a promotion is an item of value.

That's just me pondering. It's a question for the lawyers.


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