Bush no friend of labor!

[ecb]

Reuters
Justice Department wants Northwest strike blocked
Thursday August 24, 9:21 am ET
CHICAGO (Reuters) - The U.S. Department of Justice asked a federal judge late on Wednesday to block a threatened flight attendants strike against Northwest Airlines (Other OTC:NWACQ.PK - News), saying a work stoppage would cause serious disruptions to the air transportation system.
In a filing with the U.S. District Court, the government said a strike also would violate the federal Railway Labor Act, which requires that both sides of an airline labor dispute be released from mediation before workers can take job action.
The Association of Flight Attendants has threatened to strike as early as Friday if the bankrupt airline does not negotiate a contract for the workers.
"Because Northwest and AFA remain bound by the provisions of the RLA, they must continue to negotiate as required by law," the government said. "The AFA is therefore not entitled to strike at this time."
The AFA contends that its right to strike was triggered last month when Northwest terminated its members' contract and imposed new terms that grant the airline $195 million in annual labor savings. Northwest had bankruptcy court permission to impose new terms.
The AFA said it may stage surprise intermittent strikes on Friday, a move Northwest says could force its liquidation. Bankruptcy Judge Allan Gropper last week declined to block the strike, saying the matter was out of his jurisdiction.
Northwest has appealed to a district court, and a hearing is set for Friday, just hours before the 10:01 p.m. strike deadline.

 

[michael707767]

the government said a strike also would violate the federal Railway Labor Act, which requires that both sides of an airline labor dispute be released from mediation before workers can take job action.
.

wouldn't the RLA also require both sides be released from mediation before management could impose terms? Hmm, the RLA cuts both ways.

 

[81Horse]

Bush no friend of labor? This is news?

By the DOJ's illogical logic, the union and the company must continue negotiating on a contract that no longer exists, over workrules and wages that are non-negotiable, until they reach an impasse and enter mediation; the NMB will mediate a dispute in which nothing is on the table, until such time as it releases the parties to self-help.

Breathtaking.

 

[Gofish]

Hey 81...what happend to your 2001 space oddesy avatar? I liked it.

Thread hijak complete...

and Bush is no friend of labor.

 

[filejw]

I hope nobody is supprised by this. And this is just the first shot.

 

[regionaltard]

....And in related news, the sun rose in the east this morning.....

 

[Dizel8]

My take: Since NWA imposed terms, thereby voiding the contract, the RLA should not apply. Only under negotiated contract terms should the RLA apply, otherwise, employees become a bunch on indentured servants, ie. the employer can impose whatever terms he deems fit and the employee will have no recourse, although I suppose they could all quit!

One judge has already said, that he cannot force the employees to keep working under the new terms, if that verdict is overturned, labor will have lost a big one.

 

[filejw]

Dezel8, Thats not what the judge said. What he wrote was "I don't have the jurisdiction to issue an injunction".Big difference in law term's..

 

[XJ-spartacus]

Maybe this would be a good time for all of our collective unions to counter sue and illiminate the RLA. It's about time we put down this 1800's railroad law. It doesn't have any useful purpose in our current economy. Nobody is going to starve, or not get their cattle to market if any one union strikes. Back when one railroad serviced several communities, it made more sense. It's time for it to go away.

-Spartacus
"Let the revolt begin"

 

[Draginass]

Bush isn't going to be happy until there are two classes of people in the U.S. . . . . . . the corporate rich guys like himself, and then the Mexicans that do the work for $5 an hour . . . no benefits.

 

[PlaneDrvr]

Just my $0.02, playing 'arm-chair lawyer' in what the RLA states. Management and labor negotiate with the assistance of a meditator/arbitrator, until that independent 'third party' determines that no agreement can be reached and the parties are 'deadlocked' and thus starts the '30 day clock/cooling off peroid.' After that time, management is free to impose whatever terms they deam are necessary for their interests and labor is free to seek 'self help,' meaning strike or other appropriate job actions.

It seems to me that we have already reached that point. The company, by their actions, took the negotiations outside the RLA process by filing BK, deciding to have the BK judge (Gropper) act as the 'independent third party' to assist the parties in coming to an agreement. Once it became apparent to him that a negotiated agreement could not be reached; he allowed the company to impose (unilaterally) the terms the 'their' chosing on labor, pretty much what happens after the '30 day cooling off peroid' under the RLA.

That's pretty much where we are right now, and that should be the AFA's position; negotiated with a third party overseeing negotiations (the BK judge), "dead-locked" and now the company has imposed their terms on labor and labor is now "free to seek self help"

No dog in this fight, just my $0.02, for what its worth, but do support the AFA's right to do what they believe is in their best interests.

DA

 

[FDJ2]

American Bar Association
Section of Labor & Employment Law
RAILWAY AND AIRLINE LABOR LAW COMMITTEE
2003 MIDWINTER MEETING
Surf and Sand resort, Laguna Beach, CA
March 3-5, 2003
BREDHOFF & KAISER, P.L.L.C.

E. Conclusion: The Right to Strike Preserved
When it enacted Section 1113, Congress relieved employers of their
Section 6 responsibilities – it provided employers with a shortcut to unilateral
implementation. While nothing explicit was directed towards the right to
strike, it seems almost absurd to suggest that Congress intended to (1) relieve
employers of their responsibilities under an otherwise valid collective
bargaining agreement, (2) permit debtors to unilaterally implement terms of
employment without first adhering to Section 2(First) and Section 6, while at
the same time (3) compelling employees to accept the employer’s proposals and
(4) prohibiting the peaceful exercise of their right to strike without resorting to
the RLA procedures they were denied in the first place.

 

[filejw]

PD .You are right except it has to be done under the auspices of the labor board or what ever they are called.NLRB?It least that is what the Justice Dept is saying.

 

[AA717driver]

PD .You are right except it has to be done under the auspices of the labor board or what ever they are called.NLRB?It least that is what the Justice Dept is saying.

But the contract was imposed outside the auspices of the NLRB and RLA. You can't have it both ways. (Well, I realize I'm talking about management and politicians so, theoretically, you can't have it both ways...)

When this section of the bankruptcy code was first used (threatened) on TWA, the unions should have begun the ground work to be ready to file an injunction to stop the implementation of 1113--to get a clarification by a judge outside the bankruptcy process as to the legality of a strike once a contract was imposed.

If the contract is imposed outside of the RLA, the requirement to follow the process required by the RLA should no longer apply.TC

 

[xpdriver]

This is like Delta's contract woos. If the company terms are NOT LIVABLE.Salarys so low and no benefits. Then who cares if it is legel or not. STFD...MGMT is trying to get airline salarys and benefits so low that it will take 15 years to get anything close back. It might already be there now...

 

[big_al]

im waiting for them to send in the Pinkerton guards when they strike, just like the "good" ol days of a government by the (rich) people, for the (rich) people

 

[81Horse]

People have forgotten what it was like before there were labor unions, big al. I guess they'll have to learn the hard way.

 

[pkober]

Bush doesn't like unions, Clinton stopped an airline strike. Sounds like most Presidents are "anti-union". Reagan was the only President ever in a union and he is considered "anti-union". People may have forgotten about life before unions, but only 7% of the work force is union now. The average Joe couldn't care less about airline union problems. Sad but true.

 

[tomgoodman]

RLA change?

Just my $0.02, playing 'arm-chair lawyer' in what the RLA states. Management and labor negotiate with the assistance of a meditator/arbitrator, until that independent 'third party' determines that no agreement can be reached and the parties are 'deadlocked' and thus starts the '30 day clock/cooling off peroid.' After that time, management is free to impose whatever terms they deam are necessary for their interests and labor is free to seek 'self help,' meaning strike or other appropriate job actions.

Right. The theory is that although one or both parties may be unhappy during mediation, at least the contract they are being forced to observe is one that they both agreed to at the last signing---only the duration is being extended. In this case, it is being proposed that the F/As be bound by a contract that they NEVER agreed to. That would be radically new law.

 

[SDF2BUF2MCO]

What POTUS or party is labor friendly?

I agree with pkober both major parties aren't labor friendly (but they'll take your political donations). Both parties have "allowed" Yankee jobs to leave the country but at least Wal-mart, government employees, and the entertainment industry are doing well.

 

[Hugh Jorgan]

....And in related news, the sun rose in the east this morning.....

HAHA! Yeah, and the next thing you know, some rocket scientist is going to scoop us here on flightinfo with the revelation that Bush is anti-abortion, anti-taxhike, Anti-gun control, anti-same sex marriage, anti-affirmative action, etc...

 

[Rez O. Lewshun]

Maybe this would be a good time for all of our collective unions to counter sue and illiminate the RLA. It's about time we put down this 1800's railroad law. It doesn't have any useful purpose in our current economy. Nobody is going to starve, or not get their cattle to market if any one union strikes. Back when one railroad serviced several communities, it made more sense. It's time for it to go away.

-Spartacus
"Let the revolt begin"

Good idea. It starts with ALPA-PAC

 

[D.sanchez]

Bush doesn't like unions, Clinton stopped an airline strike. Sounds like most Presidents are "anti-union". Reagan was the only President ever in a union and he is considered "anti-union".

He's considered anti-union for what he did to the PATCO guys...

 

[pkober]

So is Clinton "anti-labor" because of the APA strike? Recently ALPO named him as one of the top two Presidents most friendly to labor. They said the jury was still out on Bush because he SAID he would stop any airline pilot strike, yet the one the name in the top two ACTUALLY stopped a airline pilot strike.

PATCO was a whole different animal.

P.S. Good aviatar

 

[Lear70]

HAHA! Yeah, and the next thing you know, some rocket scientist is going to scoop us here on flightinfo with the revelation that Bush is anti-abortion, anti-taxhike, Anti-gun control, anti-same sex marriage, anti-affirmative action, etc...

What's wrong with those two?

Seriously, I don't like Bush's stance on labor (I'm getting poised to vote in ANY candidate who has a stronger domestic stance (border control, lower taxes, pro-labor), and let the rest of the world go screw themselves.

Anti-tax hike? You betcha. I do NOT want more or higher taxes, I'm a big proponent of the flat tax at 20%, no matter how much you make, with no extra deductions. When I'm in the 33% tax bracket, I can usually only get back about 5-7% in deductions with house and kid. Kills my paycheck and I still end up paying 25-30% in taxes.

Anti-Affirmative Action? Absolutely. With as many "minorities" as we have in this country, the white anglo-saxon protestant male is NOW the MINORITY. Affirmative Action is an idea that had credence and worked well during its time, but it has no basis in the factual demographics of today. Everyone has the same access to education, financial assistance, and job placement by merit alone, no one really discriminates in hiring practices like they used to - too many Gen X'ers in management positions who have always known it was wrong to discriminate.

We now return you to your regularly-scheduled questioning of your lazy, elitist, interfering government debate.

 

[Iron Man]

Where does that leave you. If Bush was the problem you would be a better Democrat.

 

[atpcliff]

Hi!

Bush is NOT pro tax cut.

He's pro tax cut for rich people, and pro tax increase for us prols. Anything to transfer wealth to his rich friends, and don't even get me started on Cheney, the most anti-American politician in our government.

cliff
LRD

 

[AA717driver]

Good idea. It starts with ALPA-PAC

That's a good one, Rez! Man, I almost wet myself. Whew, I needed a good laugh.

What's that? He's serious?! Aw, c'mon, no one can still actually think ALPA is the answer to any question other than "what's the least effective union in existence today"... TC

 

[castle bravo]

"Anti-Affirmative Action? Absolutely. "


We have Sandra Day O'Connor (Reagan appointee) to thank for it. She cast the deciding vote when the issue went to the Supreme Court. Thanks, Sandra.

 

[Rez O. Lewshun]

That's a good one, Rez! Man, I almost wet myself. Whew, I needed a good laugh.

What's that? He's serious?! Aw, c'mon, no one can still actually think ALPA is the answer to any question other than "what's the least effective union in existence today"... TC

Got a another way let alone a better way to address the agenda of Air Line Pilots on Capital Hill?

If one reads the first few pages of the latest issue of "the most expensive magazine" you can see the benifet of having ALPA. Sure election time is coming..[BOD].. but when ALPA National coordinates with airline CEO's and gov't officials, one can see why we need Your hated organization.

Perhaps it would've been better if we had no representation during and after 9/11. How'd that be....