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Tentative agreement reached

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michael707767 said:
I disagree. First of all, thats not how I read it.
Second, I think the very fact that we ahve agreed to arbitration on the rejection of our contract could be used against us in court. How hard would it be to go to a judge and get an injunction against a strike when they can honestly say, "your honor they agreed to abide by the arbitrators decision"?

Michael, I respect your opinion, but I disagree and this is why. The arbitrators will only decide whether to deny or grant the companies motion to reject the CBA. They would in essense be assuming Judge Beatty's roll in this matter. Remember, the matter at issue is whether or not the company can reject its CBA with its pilots. Nothing more and nothing less, not whether or not we can execute our right to self help, and that was exactly what Judge Beatty's roll was.

6. D., the Association and the Company will promptly proceed to submit the matter at issue in the Company’s section 1113 motion to binding decision by a third party neutral panel, under the following terms and conditions:

Both the company and the Association retain their rights following the decision, with a minor appeals exception. That includes the right to self help.

G. The parties will have the same rights following a rejection decision by the third party neutral panel as following a rejection decision by the bankruptcy court, except that appeal rights will be limited to those set forth in paragraph 6. E. (4) of this Letter of Agreement. The Association members will have the same voting rights with respect to a comprehensive agreement as they do at present, whether the comprehensive agreement is reached before or after a rejection decision.

I'm not saying that I support this TA or that it is a good deal, but I disagree that the right to self help is taken off the table.

As far as it being a slam dunk that the Company could get an injunction against a strike, I very much doubt it. As a matter law the Norris-La Guardia Act denies federal courts the power to so, even Judge Beatty acknowledges that she is not empowered to enjoin a strike.


 
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FDJ2 said:
Michael, I respect your opinion, but I disagree and this is why.

Fair enough. I respectfully disagree and maintain my opinion. However, knowing you and trusting your views, I am going to look long and hard at it again to see if I am wrong. Even if you are correct, I think this TA takes away some of our leverage if only by pushing off a potential strike till after the holidays.

Surplus, the only items covered in this TA are pay items. Nothing else was covered and remains to be negotiated. However, as I said I think this TA takes away our teeth and I am not optomistic.
 
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Puhleeze, let's vote NO and draw the line in the sand here.

Why give 15% and then go to arbitration? Who's BSing who; we're not going to reach some agreement this Winter.

I am voting NO
 

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