Singlecoil
I don't reMember
- Joined
- Jul 26, 2002
- Posts
- 1,273
I'll answer this one for you Rez. Belchfire's solution sounds very simple, and I'm sure it would go something like this: an airline violates the CBA in the opinion of the MEC of that airline. They then call for a suspension of service until the matter is resolved. The airline then sues the union and claims that they are in violation of the RLA. The judge sides with the company since they are clearly in violation of the RLA and issues an injunction against the union which effectively bankrupts said union. The pilots are then faced with the dilemma of being hit with a large assessment or declaring the union bankrupt and decertifying it.
Now the airline has pilots that either have no union, or owe so much on the assessment that they have absolutely no ability to effectively threaten a strike during any negotiations in the the near future.
The answer lies in amending the RLA through legislation. Legislation is voted on by Congress and signed by the President. The courts merely interpret current law. The current law assumes that both sides conduct themselves in a manner that ensures that the flying public can reasonably expect to get to their destination on any given day. In 20 of the last 28 years there have been Republican Presidents who have been afforded the privilege to name nominees to the federal bench as laid out in the constitution. The federal courts have moved to the right as a result and therefore away from the views of organized labor. It would be foolish for a union to expect any result other than being slapped with an injunction should they attempt to push the envelope of the RLA in any degree.
In my opinion, the biggest and most lasting power any President has is the ability to nominate judges to the federal bench. The SCOTUS nominees get the most press, but the federal courts below the SCOTUS have the biggest effect on our livelihoods.
