81Horse
Well-known member
- Joined
- Nov 15, 2005
- Posts
- 926
PSL said:Further we aruge that the RLA does not apply since we unilterally rejected the contract and want the courts to restrain the pilots from refusing to work (self help) under the terms that we (with no agreement between the parties) have forced upon them.
Does this sound like indentured servitude to anyone else?
Boy howdy -- yes it does.
As I understand it, the RLA has never been tested in this manner. One could speculate: BK judge approves rejection of contract, NWA imposes onerous terms, pilots engage in "self help," NWA seeks injunction preventing self help, injunction granted or not granted, NWA or ALPA appeal to higher court(s), and it all ends up on the fast track to the Supremes.
Along the way, there could be fines levied upon ALPA; there could be an Executive Order of some kind; there could be arrests for violations of the RLA or court orders.
Whether or not the RLA applies in the event of a nullified contract is the question. If the courts rule that the Act does apply, well then, the pilots couldn't even quit en masse -- because that would constitute a job action.
Indentured servitude is about right.
Moving on to another question: if NWA should liquidate, wouldn't the unique rights it holds to operate to/from/beyond Japan evaporate? These are not transferable, IIRC; seems like a huge equity that actually has no cash value -- you would think the revenue stream (cargo and pax) from this segment of the company would undercut management's threat to liquidate. But maybe my understanding of these rights is incorrect -- ??
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