I dunno; you'd have to ask a lawyer instead of a pilot. Like I said, for the first 30-some odd years this requirement was also there. It's only been the last 5 or 6 or so that it's been totally amount-of-work related without an "perfect attendance" requirement.
I suppose the company's lawyers have already vetted this: saying it's an incentive to come to work, above and beyond any negotiated compensation, and they don't have to give it to anyone in the first place. To this, you'd probably argue that if they "give it to anyone, they have to give it to all," and maybe that might hold up in court. Like I said, ask a lawyer. But I suspect that since no one ever made this argument during the first iteration of the "perfect attendance" requirement, that it passes some legal muster. At any rate, if a court DID side with your lawyer PCL, I bet that the company would just pull the plug on the program, and no one would get anything. After all, it's their incentive program to get people to not miss work. They're not doing it out of the goodness of their heart because they don't think they're giving us enough compensation.
Bubba
