Furloughs and junior manning

[skydiverdriver]

Well,
Our guys DID do some things that were "illegal", for you, and you were unwilling to do the same. Why can't I ask you to do the same for everyone else? I suppose you can choose whatever you like, but we were happy to do it for YOU!! In fact, we did nothing wrong, as our people who were fired before the strike were doing things by the book. This is not illegal, and in fact, it's required. Most of us have flown a plane with the galley water inop from an outstation to get the flight moving, as it is not a safery concern. However, during negotiations, you would probably write it up, and make them fix it as the law requires. This is not illegal, it's actually the right way to do it.

This is all we asked you guys for during our strike, and we were refused. You sent money, and grumbled about informational picketing. Well, perhaps you will feel different if you ever have to go on strike. We are one company, we should have been on strike together. Good luck to you.

 

[FlyingSig]

The RLA differs from the NLRA in that an "organized service interruption" (self help) is illegal except under certain conditions. It was designed during the railroad days to prevent labor disputes from interrupting service.

Agreed. However the key term I think you're misapplying (in my argument, but not SDD's) is "organized service interruption". An individual pilot refusing a jr. mann assignment for whatever reason is not an organized service interruption. Ten pilots refusing the same assignments for various reasons is not. These are all matters to be determined via the grievance process as they would be individual discipline hearings. Now if a MEC, LEC, or any union officer came out with a code-a-phone, memo, etc.. and said to refuse what's required of one's contract, or if it can be proven that any of these same people verbally told the person refusing the trip to do so, well that's a differant story....

In short, calling in sick and refusing trips to support furloughed pilots would be illegal self help.

I've known some pilots to say some stupid things, but I don't even think any of the flame-bait posters on this forum would be dumb enough (or have the balls) to tell scheduling as long as there's pilots on furlough I'm not gonna do it. If your sick, you say your sick. If you can't get daycare on your day off, sorry.

It would subject you to being fired and your union to being fined. This is supported in both the Comair and Delta negotiations when a judge ruled both parties had engaged in illegal self help by refusing overtime and calling in sick. An injunction was issued prohibiting such action.

Now maybe a Comair person can chime in as I'm not too familiar with those details but here's what I can tell you about the Delta deal.

Managment accused the union of promoting a no greenslip (voluntary overtime) campain. They did not accuse the union of telling people not to fly assignments (involuntary overtime). There's nothing in the contract that says anyone has to fly voluntary overtime but Delta decided to sue every MEC and LEC member (and a few others as well) anyway.

So they went to court to get that injunction you are so afraid of. Guess what. The judge ruled in favor of DALPA. Time passes on and DAL appeals. Another group of judges issues an injuction which basically tells DALPA not to promote a no-ot campain (which they had not been doing.... everything they ever published asked pilots not to participate, but guess the pilots didn't feel the need to fly the voluntary overtime). There was no fine, heck, there wasn't even a trial. The whole issue was settled when the contract was settled (I'm guessing Comair results were similar?)

Managment using threats during Sec. 6 negotiations is a lot differant then what the APA got themselves into over the Reno merger.

Since the whole DAL deal BTW, courts have found in favor of... somebody please correct me as to the airline, but I believe it's Airborne? that a union is indeed allowed to tell it's membership that voluntary overtime is just that, voluntary, and not flying it... even if to create leverage, is legal because according to status quo (under the RLA), if it's not against the contract then you don't have to do it...

I'm talking about when you call in range and you get the "call crew scheduling" message. Not much you can do about that one.

You're right. You'd have to call crew scheduling. No getting around making that phone call. However, if you have already flown muliple legs that day and are fatigued, it is both your duty and required by FAR's to not fly the trip so as to not jeapordize the safety of the passengers, crew, and eqipment.

IFF, it may seem like we're all picking on you, but this career has enough things to worry about without adding the stress of wondering if everything you do can get you fined/fired/disciplined. Bottom line is CYA and always err to the side of safety. It's easy to want to make sure the company makes the $$ and the pax are happy, esp in tough times like today but when it all boils down, we're just the hired help. Managment is supposed to make all the decisions and I don't get paid to cover their shortcomings..... well, I don't get paid period, but that's another story.