Southwest slam clicks- c'mon captains....

[fr8doggie]

Howard: What happens at the end of the PEB?

 

[PCL_128]

fr8doggie, don't confuse him. He thinks he knows something. Let him be.

 

[Beechdriver32]

Funny PCL, I was thinking the same about you!

'Let him be'

Might be the new "Bless your heart", but just for you--

 

[Luv2BFlyin]

We had a one year extension because we got something, don't remember what. I am pretty sure we are only 1 plus a few months past the extension date, although two plus something since first opportunity to amend.

Thanks for that, and what date was the last CBA ratified?

 

[HowardBorden]

If either labor or management decline voluntary arbitration, and if in the opinion of the NMB the continuance of the controversy threatens substantially to interrupt interstate commerce in any section of the nation, the NMB is required to notify the President of the United States, who may, at his discretion, create a fact-finding Presidential Emergency Board.

The parties must maintain the status quo (no strikes or lockouts) for 30 days. If the president chooses not to appoint an emergency board, strikes or lockouts may occur after the 30-day cooling-off period.

Emergency boards are comprised of neutral members whose job is to make an investigation and submit to the president, within 30 days of its creation, a fact-finding report with non-binding recommendations for procedures or terms on which a dispute might be settled. During this period, the parties must maintain the status quo (a second 30-day cooling-off period).

Upon submission of the PEB report, the parties are required to maintain the status quo for an additional, or third 30-day cooling-off period (they may mutually agree to extend the period of status quo). The non-binding recommendations of the PEB are expected to carry the weight of public opinion and induce a voluntary agreement among the parties.

At this point, the RLA has run its course. If no agreement has been reached, either side becomes free to act in its own economic interests -- a work stoppage (or strike) by labor, a lockout by management, or unilateral implementation of management proposals (that generally would force a work stoppage).

However, Congress frequently imposes its own settlement. Such congressional action is not part of the RLA. The constitutional authority for Congress to impose its own settlements is found in Article 1, Section 8 of the Constitution's commerce clause.

 

[fr8doggie]

Howard: my point was the PEB does not have to lead to an imposed contract. Also, self-help does not mean only a strike. There are many ways to exert force or "bring the pain".

I would like to see you guys get a new, improved contract with handshakes and smiles all around. However, I think you are operating under a new (old) paradigm now. You are going to have to convince your management that meeting your goals is cheaper than opposing you.

SWAPA has quite a bit of leverage. I don't think you guys are ready to use it yet. You may be a long way away. Too many guys willing to take a bullet for Herb. I've seen all the same stuff at FDX.

My best wishes to all of you.

 

[PCL_128]

Howard: my point was the PEB does not lead to an imposed contract.

Bingo.

 

[HowardBorden]

Howard: my point was the PEB does not lead to an imposed contract. Also, self-help does not mean only a strike.

In the 90 plus years since the RLA's enactment, most labor negotiations have resulted in voluntary settlements. However, Congress has stepped in to terminate strikes following exhaustion of RLA procedures. Congressional measures have included additional cooling off periods to continue negotiations, implementation of PEB recommendations, and compulsory arbitration.

 

[PCL_128]

Congress generally doesn't intervene in airline cases, but does have a history of intervening in railroad cases. However, the railroad unions have not objected to this, because it's worked well for them over time.

 

[HowardBorden]

Congress generally doesn't intervene in airline cases, but does have a history of intervening in railroad cases. However, the railroad unions have not objected to this, because it's worked well for them over time.

The fact is, they certainly can, and I suspect they would in order to keep the largest carrier of US domestic passengers flying.

In the end it is so extremely rare that we ever see an airline strike. We had Spirit strike briefly in 2010. The Northwest mechanics walked off in 2005 but were quickly replaced with scabs and barely caused a ripple in operations. Before that there was Comair in 2000 if I remember correctly. They struck for around 90 days if I remember it right. Clinton stepped in quickly to stop the American Airlines pilot strike of 1997.

Strikes are rare and PEB's are much rarer, especially in the airline industry. My question is this, suspend your disbelief for a moment and speculate that the NMB has released SWA to a 30 day cooling off period. Do you agree that the NMB would be required to notify the president of a situation that "threatens substantially to interrupt interstate commerce in any section of the nation" and that he or she would convene a PEB after that recommendation? If so, what do you think the odds of a strike actually taking place?