ABX Air On Strike
#2
Gets Weekends Off
Joined APC: May 2012
Position: Happy
Posts: 683
Having intentionally understaffed its growing operations over at least the last 18 months, ABX has just as intentionally and repeatedly ignored and suspended, if not outright repudiated, explicit contractual work rules relating to scheduling and vacation. Specifically:
• As set forth in an October 28, 2016 communication to the pilots, ABX unilaterally rescinded the pilots’ unrestricted right to select restoration days off following numerous and repeated involuntary “emergency” assignments.
• In clear violation of its contractual obligations, the company has refused to provide make-up vacation time to pilots whose scheduled vacations were cancelled on account of upgrade training requirements. The company similarly has unilaterally denied pilots’ claims to take vacation, dictating instead that pilots whose vacations were cancelled be paid in lieu of providing them the alternative vacation time off.
• Ignoring its explicit obligation not to build monthly schedules that force pilots to operate between nighttime and daytime operations, ABX has intentionally built monthly pilot schedules in derogation of the day/night transition safety restriction.
ABX has not made any effort to justify its actions. Its only “defense” is that it is facing a staffing shortage. ABX’s staffing shortage is one that has long been developing and is entirely of its own making. ABX is in violation of its RLA obligation to maintain the status quo, forcing the ABX pilots to cover its own staffing mistakes.
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Summary of the Law
Under the Railway Labor Act, ABX is prohibited from altering your contractual rates of pay, rules and working conditions and established past practices while it remains subject to the jurisdiction of the NMB and continues to negotiate with the Union over the amendment of your collective bargaining agreement. This requirement by ABX is known as the duty to maintain the status quo.
When a RLA carrier violates its duty to maintain the status quo, the affected employees, through their union, have the lawful right to compel the carrier to restore the status quo. The union can, for example, file a lawsuit in federal court seeking an injunction requiring the carrier to restore the status quo.
The union can also strike the carrier to compel it to restore the status quo. Such a strike is a called a “status quo strike” and, as its name suggests, is for the sole purpose of forcing the carrier to restore the status quo. A union can lawfully engage in such a “status quo strike” even if the collective bargaining agreement contains a no-strike clause. Once the carrier “cures” its status quo violation and “restores the status quo,” then the union must stop the strike.
When a carrier unilaterally makes a substantive change to wages or terms and conditions of employment that is contrary to an existing contract, the dispute is characterized as a “major dispute” over which a union may lawfully engage in a status quo strike.
To be sure, not every contract violation by a carrier equates to a status quo violation that allows a union to engage in a status quo strike. If a federal court decides that a carrier’s actions that gave rise to the underlying dispute is a “minor dispute,” then that dispute must be resolved through binding arbitration and does not allow for the union to engage in a status quo strike. Minor disputes relate either to the meaning or proper application of a particular provision of a collective bargaining agreement. Actions taken by a carrier for which it can in good faith claim are “arguably justified” by the terms of its collective bargaining agreement, therefore, are considered minor disputes. If, however, a federal court decides that the carrier’s attempted justifications for its actions are frivolous or obviously insubstantial, the dispute is a major dispute over which the union may engage in a status quo strike.
• As set forth in an October 28, 2016 communication to the pilots, ABX unilaterally rescinded the pilots’ unrestricted right to select restoration days off following numerous and repeated involuntary “emergency” assignments.
• In clear violation of its contractual obligations, the company has refused to provide make-up vacation time to pilots whose scheduled vacations were cancelled on account of upgrade training requirements. The company similarly has unilaterally denied pilots’ claims to take vacation, dictating instead that pilots whose vacations were cancelled be paid in lieu of providing them the alternative vacation time off.
• Ignoring its explicit obligation not to build monthly schedules that force pilots to operate between nighttime and daytime operations, ABX has intentionally built monthly pilot schedules in derogation of the day/night transition safety restriction.
ABX has not made any effort to justify its actions. Its only “defense” is that it is facing a staffing shortage. ABX’s staffing shortage is one that has long been developing and is entirely of its own making. ABX is in violation of its RLA obligation to maintain the status quo, forcing the ABX pilots to cover its own staffing mistakes.
----
Summary of the Law
Under the Railway Labor Act, ABX is prohibited from altering your contractual rates of pay, rules and working conditions and established past practices while it remains subject to the jurisdiction of the NMB and continues to negotiate with the Union over the amendment of your collective bargaining agreement. This requirement by ABX is known as the duty to maintain the status quo.
When a RLA carrier violates its duty to maintain the status quo, the affected employees, through their union, have the lawful right to compel the carrier to restore the status quo. The union can, for example, file a lawsuit in federal court seeking an injunction requiring the carrier to restore the status quo.
The union can also strike the carrier to compel it to restore the status quo. Such a strike is a called a “status quo strike” and, as its name suggests, is for the sole purpose of forcing the carrier to restore the status quo. A union can lawfully engage in such a “status quo strike” even if the collective bargaining agreement contains a no-strike clause. Once the carrier “cures” its status quo violation and “restores the status quo,” then the union must stop the strike.
When a carrier unilaterally makes a substantive change to wages or terms and conditions of employment that is contrary to an existing contract, the dispute is characterized as a “major dispute” over which a union may lawfully engage in a status quo strike.
To be sure, not every contract violation by a carrier equates to a status quo violation that allows a union to engage in a status quo strike. If a federal court decides that a carrier’s actions that gave rise to the underlying dispute is a “minor dispute,” then that dispute must be resolved through binding arbitration and does not allow for the union to engage in a status quo strike. Minor disputes relate either to the meaning or proper application of a particular provision of a collective bargaining agreement. Actions taken by a carrier for which it can in good faith claim are “arguably justified” by the terms of its collective bargaining agreement, therefore, are considered minor disputes. If, however, a federal court decides that the carrier’s attempted justifications for its actions are frivolous or obviously insubstantial, the dispute is a major dispute over which the union may engage in a status quo strike.
#4
Gets Weekends Off
Joined APC: Apr 2006
Position: 737 CA
Posts: 2,750
http://aviationtribune.com/airlines/...trike-abx-air/
#7
Gets Weekends Off
Joined APC: Sep 2014
Posts: 390
Either way, Amazon is learning a lesson: air ops require pilots that can't be hired and fired for seasonal expansion/contraction. In addition to ensuring its own parcel delivery service was secure and prioritized, Amazon was likely trying to send a message to UPS/FedEx that they could source outside help if needed. Warning shot backfired. Welcome to the big leagues.
#8
Gets Weekends Off
Joined APC: Sep 2014
Posts: 390
Yes, and in an effort to ensure no uninformed pilot-- from any airline, carries struck work.
Strike action belongs on every airline's forum; it's among the few times we ALL stand together, united in support of the profession.
Strike action belongs on every airline's forum; it's among the few times we ALL stand together, united in support of the profession.
#9
I'd suggest you put it under "Majors" but no sub-forum. Shotgunning very important industry news makes it nearly impossible to make updates, since EVERY thread will need the pertinent info.
If you want to get timely info out, put it where it will do the most good... then update that singular thread.
If you want to get timely info out, put it where it will do the most good... then update that singular thread.
Last edited by HuggyU2; 11-23-2016 at 08:30 AM.
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