APA sues AMR -

[shon7]

http://www.bloomberg.com/news/2012-...-ask-for-ruling-contract-can-t-be-voided.html

 

[COpilot]

Good for them!

It's BS, the company, the courts always want it both ways. Void the parts "they" want; but, then say oh no "you all" have to still live by the RLA.

Total crap

 

[vetrider]

At least they're suing the airline, and not their own individual pilots.

 

[flygirlqt]

Contracts do not expire under the RLA, they only become amendable. This is a stretch from APA's legal team.

 

[AceOnTheRiver]

Contracts do not expire under the RLA, they only become amendable. This is a stretch from APA's legal team.

Contracts expire but once you enter negotiations there is a status quo until either settlement or job action. If contracts never expire there would never be a strike.

 

[Andy]

Contracts expire but once you enter negotiations there is a status quo until either settlement or job action. If contracts never expire there would never be a strike.

Ace, I was under the same impression as flygirlqt, that contracts don't expire under the RLA. I didn't post a comment here because I assumed that the author of the article either misinterpreted APA's lawsuit or dumbed it down for the public.

But back to the contract expiration question. I did a quick google search. Result:
1. Q: When do collective bargaining agreements expire under the RLA?A: Under the RLA, collective bargaining agreements do not expire; instead they become subject to change as of a specified date and upon "notices of intent" by the parties to change some or all of the elements of the agreement. Until a mutually newly negotiated agreement is accepted by both parties, the provisions of the original agreement remain in full force. This is commonly referred to as "status quo."

Link: http://www.nmb.gov/mediation/faq-mediation.html

Bottom line: Contracts (aka CBAs) do not expire under the RLA.

You can cruise through the Q&As until you get to a self help (aka strike) answer. Number 24 addresses this.
24. Q: What if no agreement is reached during the 30-day cooling off period?A: If no agreement is reached by the end of the 30-day cooling off period, the parties are free to exercise "self-help." This means that the Union is free to strike or engage in other activity, and the Carrier is free to impose its last best offer or temporarily cease operations or engage in other self-help activity, unless a PEB is created.



The Bloomberg article doesn't provide enough legal information on the lawsuit. I'm going to assume that APA is trying to prevent AMR from using section 1113 to abrogate APA's contract. Section 1113 information for those curious (I only skimmed it but looks like good information): http://www.turnaround.org/cmaextras/Paper--Section1113.pdf

At first blush, this looks like a move by APA to slow down AMR from reaching for the section 1113 'hammer'. Probably a good call on APA's part, even if they lose.

 

[outerlimits]

Contracts do not expire under the RLA, they only become amendable. This is a stretch from APA's legal team.

It might be a stretch, but atleast they are trying .
I wish them the best of luck

 

[Raoul Duke]

total strech, if you can reject an existing contract you can definately reject an amendable one. . .