P38JLightning said:
Surplus,
As far as Comair joining in with a sympathy strike, I like the idea. I'm not sure we could, however, without being in violation of federal law.
If there were a way we could do it legally, I would be all for it.
So to answer your question, I'm not sure if we can legally strike with them (and in fact I'm pretty sure we can't) but I will sacrifice for them substantialy if it happens. If we can find a way to strike, I abosolutely agree with doing so. We are going to sacrifice everything at some point anyway with this pathetic whipsaw embracing status quo we're quagmired in. Might as well get it over with sooner than later!
Don't be so sure.
Sympathy strikes are not per se against the law. Do you remember the strike of the rEAL pilots? That was a sympathy strike. A strike by the pilots (ALPA) in sympathy with a strike by the mechanics (IAM). A different class and craft and different unions; the same company. It was legal.
Make no mistake, I am not encouraging a strike by the ASA pilots. A strike is a war and it should only be undertaken when there is absolutely no alternative. Never by choice, never in anger. The Comair pilots did not strike because they wanted to strike. That strike was caused by the Company. The Company made a conscious decision to force the strike. They had no idea that it would last for 89 days. They made a bad decision.
That having been said, should the ASA pilots decide to withdraw their services legally, and should Comair pilots decide to join in sympathy with them, there will be three (3) challenges to that effort. The first may be a "no strike" side letter in the Comair contract. The second will most probably come from the Air Line Pilots Association; the third will come from Delta Air Lines.
ALPA is certain to oppose it and will do everything in its power to prevent it, including efforts to point out that it is "not legal". Why? Because a victory by ASA pilots would in fact be contrary to the interests of Delta pilots. Such was the case in the Comair strike.
I do not know if the ASA pilots were prepared to strike in sympathy with the Comair pilots. The truth is I am fairly certain they were not prepared to do so and not willing to do so. Just the same, I'll bet you a dollar to a donut that their MEC was "advised" by ALPA that it would "not be legal".
The Delta pilots could also have withdrawn their services in sympathy with the Comair pilots. They chose not to do so, not because it was "illegal" but because they were certain that it would have resulted in a PEB and they didn't want the hassle. They had already obtained what they wanted for themselves, had nothing at stake in our cause, and did not want to risk the difficulties or pay any price on our behalf. Had they done it or even seriously threatened to do it, the outcome would have been different.
The Company would challenge a sympathy strike and argue that it was not legal. They would say that we are "separate" companies, we of Comair are not ASA and therefore we cannot strike. Who would be making that arguement? Delta Air Lines, and therein lies the key to the issue.
There is no question that we are the same class and craft, i.e., pilots. The only question is the separate nature of the companies. Are ASA, Comair and Delta really "separate" companies? In fact, ASA, Comair and Delta, each and all, meet all of the requirements of the NMB to be declared a "single carrier" for the purpose of collective bargaining. While there is no need to petition the Board for such a declaration due to the fact that we are already represented by a single collective bargaining agent (ALPA), the criteria to meet that standard (single carrier) clearly are present. If we are a "single carrier" for the purpose of collective bargaining, then we are also a single carrier for the purpose of self help.
The legal argument is simple. A single union, representing a single class and craft, all subject to the control and management of a single corporate parent (Delta Air Lines) can strike in sympathy with each other, even though the parent company has chosen for convenience to create shell corporations.
Delta would undoubtedly seek injunctive relief immediately. ALPA would have to argue against Delta and for the sympathy strike, in court. If they did, I believe they could eventually prevail. However, I do not expect that ALPA would do so. They would do to the ASA pilots exactly what they did to Comair, hang them out to dry. On the other hand, if the Delta pilots were going to strike and the ASA and Comair pilots were willing to strike in sympathy, I'd bet you a dollar to a donut, that ALPA would have no problem going to court in defense of it.
Of course they might lose and Delta might find a sympathetic judge to rule in its favor. That is always possible and it is no secret that Federal judges in Atlanta or for that matter Cincinnati, are not noted for supporting labor unions in their rulings. If an injunction is granted it would stop the strike until the case could be argued fully, but it would certainly let Delta know that the union fully supported its members.
Is it legal? I think it is. Is it practical? Probably not. Why? Because our labor union will not support it.
