To Steve & Dragin
There is merit to what both of you say with respect to a "no strike" clause in the contract. Here's another prespective for your consideration.
The No Strike clause is a part of the contract. While the contract technically never expires, it becomes amendable at a date certain. Either party can propose changes.
Given the foregoing, it is safe to presume that the party not wanting to continue the "no strike" provision, would propose its elimination in the new Agreement. Should elimination of the "no strike" provision result in an impasse between the parties (by itself or in combination with other items), the Board would still be required to declare the impasse and release the parties to Self-Help.
On the date and time of the "release" to self-help, the Agreement terminates and the contract is null and void. Since the "no strike" provision is a part of the contract it ceases to exist.
Therefore, the no-strike provision is meaningless and its provisions are only effective and in place for as long as the contract is in place. It might prevent informational picketing and so forth, but it cannot prevent a legal strike once the NMB has released the parties to self-help. Its importance is therefore minimal. If you get something you want for signing it, there is little reason that you shouldn't. It only means you have to be good boys while the contract is in place.
The law does not allow you to engage in any self-help activity while the contract is in place. Very little difference from a no-strike clause.
BTW Dragin, the Delta pilots & ALPA did lose their open-time case. So did the Airborne pilots, back in 1997. Difference is the IBT took the Airborne case to the Supreme Court which recently ruled that the Company could NOT require them to fly open time when doing so was voluntary per the contract.
The Delta decision was rendered by a District Appeals Court (panel of judges - not the full bench). The IBT case is a decision by the Supreme Court and will set the precedent in similar cases. That's a plus for unions.
There is merit to what both of you say with respect to a "no strike" clause in the contract. Here's another prespective for your consideration.
The No Strike clause is a part of the contract. While the contract technically never expires, it becomes amendable at a date certain. Either party can propose changes.
Given the foregoing, it is safe to presume that the party not wanting to continue the "no strike" provision, would propose its elimination in the new Agreement. Should elimination of the "no strike" provision result in an impasse between the parties (by itself or in combination with other items), the Board would still be required to declare the impasse and release the parties to Self-Help.
On the date and time of the "release" to self-help, the Agreement terminates and the contract is null and void. Since the "no strike" provision is a part of the contract it ceases to exist.
Therefore, the no-strike provision is meaningless and its provisions are only effective and in place for as long as the contract is in place. It might prevent informational picketing and so forth, but it cannot prevent a legal strike once the NMB has released the parties to self-help. Its importance is therefore minimal. If you get something you want for signing it, there is little reason that you shouldn't. It only means you have to be good boys while the contract is in place.
The law does not allow you to engage in any self-help activity while the contract is in place. Very little difference from a no-strike clause.
BTW Dragin, the Delta pilots & ALPA did lose their open-time case. So did the Airborne pilots, back in 1997. Difference is the IBT took the Airborne case to the Supreme Court which recently ruled that the Company could NOT require them to fly open time when doing so was voluntary per the contract.
The Delta decision was rendered by a District Appeals Court (panel of judges - not the full bench). The IBT case is a decision by the Supreme Court and will set the precedent in similar cases. That's a plus for unions.