Lear70
JAFFO
- Joined
- Oct 17, 2003
- Posts
- 7,487
Well, first, I don't believe that's EVER happened in the history of airline negotiations under the RLA. There's no established case law, nor trigger points, nor litmus test for that to happen.Unfortunately, that's not exactly true. There is another way for a company to get the courts involved in the Section 6 process: allegations of bad-faith bargaining. The company can go to federal court and claim that the union is negotiating in bad faith, which is a violation of the RLA. The NMB doesn't rule on those things, the courts do. It's entirely possible that a judge would issue a preliminary injunction barring any self-help until after the case can be heard in court, which could delay another strike for quite some time.
Second, that's an awfully large burden of proof to carry in a court of law, and about as likely as carrying the same argument as if the union were to sue the company for the same allegation. We all know how THOSE legal battles have played out...
In other words: not possible under the current circumstances. The Spirit MEC has conducted their bargaining as honestly and directly as possible. If the pilots vote it down, it won't be under "bad faith bargaining" from their representative unit.
I highly doubt it. Political or not (and I certainly agree with you on the political ramifications), there's just not enough of an impact on air travel to appoint a PEB.Now, with that said, I don't think that's the main concern. There is a far greater likelihood of a PEB than there is of court action. And although everyone here wants to dismiss it, a PEB is not at all out of the question for Spirit. While it's true that the NMB would not recommend a PEB to the White House for Spirit under normal circumstances, a second strike within a few weeks is not normal circumstances, and I think it's quite possible, maybe even likely, that the President would issue a PEB to at least slow things down for another month. Two strikes at the same airline within weeks is very bad for politics.
By the time the voting is complete, it will be more like a couple of MONTHS, not just "a few weeks", between shut downs. More than likely, the MEC will have to go to the company with the issues, issue another deadline for a strike, and try to negotiate another agreement.
I personally hope they DON'T do that, simply because of our work to get released at AAI, but like I said, I wouldn't vote for the T.A. they have... they gave up too much (they only really got COLA raises after the 150% overtime loss and Scope sucks). I don't like having to fly 90 hours to get the yearly income I believe is appropriate for my experience level... my family is more important to me.
We'll see how they vote... like I said, I think it will pass, but I believe it'll be close.