Lear70
JAFFO
- Joined
- Oct 17, 2003
- Posts
- 7,487
I don't think I necessarily agree with you.That's yet another untested legal theory. We don't know what a judge would have done in that case. Based on recent history, I think the unfortunate truth is that a judge most likely would have ordered the pilots back to work.
Back the PAC!!!!!!!
The company would not have access to the same judge that is presiding over their bankruptcy. They would have to take their case before a labor judge.
The problem we've had from the beginning of this process is that the judges involved knew very little of labor law and the reality of the RLA as it applies to aviation (very different than other transportation fields or even, say, schoolteachers for that matter).
The RLA is VERY clear on what happens when you're forced to work outside of your Agreeement, and they would actually have to go in and change some basic tenants of the RLA itself to require them to continue working without a contract in forced conditions.
I don't believe a labor law judge familiar with the RLA would have the cajones to make that kind of call...
Just my opinion. Would have appreciated seeing that theory tested however, since it would be the last defense against the slow demise of this once-honorable (and livably lucrative) profession.