Airline Pilot Central Forums

Airline Pilot Central Forums (https://www.airlinepilotforums.com/)
-   United (https://www.airlinepilotforums.com/united/)
-   -   Release formally requested (https://www.airlinepilotforums.com/united/67070-release-formally-requested.html)

tomgoodman 05-01-2012 08:20 AM


Originally Posted by Ottolillienthal (Post 1179533)
CAL MEC currently does have a seperate and legally binding section 6 position with the NMB and has since 2008.

Legal question: Does this mean that if the UAL pilots are released to self-help, the CAL pilots would be legally prohibited from honoring their picket line because of the "status quo" rule? That unpleasant scenario could be avoided if the two MECs put their differences behind them and unite now.

teedog 05-01-2012 08:39 AM


Originally Posted by tomgoodman (Post 1179730)
Legal question: Does this mean that if the UAL pilots are released to self-help, the CAL pilots would be legally prohibited from honoring their picket line because of the "status quo" rule? That unpleasant scenario could be avoided if the two MECs put their differences behind them and unite now.

No Status quo would only last 30 days the UniCal do have the right to follow and need to follow the UAL pilots.

tomgoodman 05-01-2012 09:23 AM


Originally Posted by teedog (Post 1179747)
No Status quo would only last 30 days the UniCal do have the right to follow and need to follow the UAL pilots.

Thanks. I knew that the UAL pilots' "status quo" rule would expire after 30 days, but I wondered if the CAL pilots might be blocked from action by their own "status quo" requirement, since they are currently working under a different contract. If both groups get a simultaneous release, of course, it's not an issue.

1257 05-01-2012 10:33 AM

Ready to go

larryiah 05-01-2012 10:43 AM

Where's the statement from Jay Pierce? This is like 9-11 when Bush ran around hiding until Dick told him it was okay to come home. We need to hear from our leader and get prepared to be released as one 10,000 strong pilot group.

Classic Movie Line #51 - YouTube

Pilotbiffster 05-01-2012 11:10 AM


Originally Posted by larryiah (Post 1179856)
Where's the statement from Jay Pierce? This is like 9-11 when Bush ran around hiding until Dick told him it was okay to come home. We need to hear from our leader and get prepared to be released as one 10,000 strong pilot group.

Classic Movie Line #51 - YouTube


He's trying to figure the right spin so he still get's his office adjoining co-worker Jefff's.

SpecialTracking 05-01-2012 11:43 AM


Originally Posted by larryiah (Post 1179856)
Where's the statement from Jay Pierce? This is like 9-11 when Bush ran around hiding until Dick told him it was okay to come home. We need to hear from our leader and get prepared to be released as one 10,000 strong pilot group.

Classic Movie Line #51 - YouTube

I fear this time he is hiding behind Lee Moak. This does not bode well for ALPA.

dogfood 05-01-2012 11:52 AM

If L-UAL pilots left ALPA, would the injunction still be enforceable?

LeeFXDWG 05-01-2012 05:20 PM

RLA and Norris-LaGuardia Act
 

Originally Posted by tomgoodman (Post 1179784)
Thanks. I knew that the UAL pilots' "status quo" rule would expire after 30 days, but I wondered if the CAL pilots might be blocked from action by their own "status quo" requirement, since they are currently working under a different contract. If both groups get a simultaneous release, of course, it's not an issue.

Tom,

Therein lies the potential "rub" in such a circumstance.

Without getting too deep into either of the Acts, there is nothing in the RLA or Norris-LaGuardia Act that prohibits "honoring" a picket line. So, while this is all currently a hypothetical scenario, yes, CAL pilots could go on a "sympathy" strike and honor the UAL pilot's picket line legally.

Such sympathy strikes are not forbidden in anyway; however, that does not mean that the company would not file to enjoin the CAL pilots if they elected to do so.

The precedent is there (Eastern vs ALPA) from when the pilots elected to honor the IAM picket lines in early 1989. Unfortunately, even though the case went to appeal to get the ruling, Eastern prevailed because they were able to prove ALPA's pretext through its formal statements made to the membership. In other words, able to get the court to consider ALPA's sympathy strike (legal) as merely a pretext for its own agenda (getting released) and using the opportunity to engage in self help before all provisions of the RLA had been exhausted with regards to ALPA.

Clear as mud?

Frats,
Lee

syd111 05-01-2012 05:44 PM


Originally Posted by tomgoodman (Post 1179784)
Thanks. I knew that the UAL pilots' "status quo" rule would expire after 30 days, but I wondered if the CAL pilots might be blocked from action by their own "status quo" requirement, since they are currently working under a different contract. If both groups get a simultaneous release, of course, it's not an issue.

Do you really see ual going on strike without cal going also, sorry I just don't see that happening.


All times are GMT -8. The time now is 05:49 PM.


Website Copyright © 2026 MH Sub I, LLC dba Internet Brands