Union Vs. Contract Law Firm

[sweptback]

What are you talking about? Companies all the time have contracts with it's employees either as a group or individually, airline or not. At Skywest we have a contract and have had pilots and flight attendants sue and win when there's been a breach of that contract. These contracts are legal and have been upheld by federal and state laws. They are indeed legal contracts. I will concede that not everyone has the money nor the will to sue, where as having a union takes care of that for you.

Quit deluding yourself. You have an employee handbook.

There are a few laws pertaining to an employee handbook and at-will employment states, but it's not the same as having a labor contract.

 

[Erlanger]

We are talking about employees that fall under the RLA right? If so, then only a bargaining unit representative recognized by the NMB is legally allowed to bargain on your behalf. What you have at SKW is not a contract. And if it is, it is not legally binding on SKW or its pilots (who signed on your behalf and which and how many pilots voted for that person to sign on their behalf?). That is why you are at-will employees. If you don't like their terms of employment, you can resign at your will. Sure, you can sue them under other federal or state laws but not under the terms of employement.

Also, I know that there are certain individuals that do have legally binding contracts. Like your CEO for example, has a legally binding employment contract. He doesn't fall under the RLA though. Anyways, that is why I further stipulated "large employee groups" in my previous post. I don't think that companies like Skywest see having large employee groups being able to bargain collectively as being beneficial to them. Like I said, I don't agree with that but obviously that is how they feel or otherwise they would not have a problem the NMB recognizing an entity as a bargaining representative of their employees.

Where are you getting that? The RLA says nothing about that. Under the RLA, "A company can bargain with an individual, a commitee or an organization unless a union is the exclusive representative of the bargaining unit, including those that do not want it".

ALPA tryed suing Skywest about 2 years ago to get SAPA dissolved because they felt it may violate the RLA and they lost.

 

[Nevets]

Where are you getting that? The RLA says nothing about that. Under the RLA, "A company can bargain with an individual, a commitee or an organization unless a union is the exclusive representative of the bargaining unit, including those that do not want it".

ALPA tryed suing Skywest about 2 years ago to get SAPA dissolved because they felt it may violate the RLA and they lost.

Like I said, the company can bargain with you if they want. We agree that its in their best interest to do so but unfortunately they don't always agree unless its the CEO. What you have is not a contract and therefore there was no good faith bargaining. Did the pilots ever agree for someone to bargain on their behalf? What was the vote? If they did, I missed that news.

I do vaguely recall something about that lawsuit. Can you point me to where I can verify your information on it?

 

[Tarzan]

Don't know where you're getting your info but a bonifide contract would be upheld by state and federal laws. You should do some research. Every diehard union guy wants to tell us otherwise.

Easy there Francis before you have a stroke. What are you so angry about? and why are you considering me to be a unionista? My take on unions... Necessary evil. I don't like them negotiating every single thing under the sun. It costs the company money and eventually, the employees. But I like being protected by some over zealous airline executive looking to make a name for themselves.

I know of no contract that is in force with a group of employees, negotiated after their employment by an entity not recognized by the NMB. There are plenty made prior to employment but that is on an individual level. I believe what the original thread proposed would have been only an agreement that would have required a law suit to overcome any breach. You really think a company is going to finance an entity to sue itself?

 

[Nevets]

Where are you getting that? The RLA says nothing about that. Under the RLA, "A company can bargain with an individual, a commitee or an organization unless a union is the exclusive representative of the bargaining unit, including those that do not want it".

ALPA tryed suing Skywest about 2 years ago to get SAPA dissolved because they felt it may violate the RLA and they lost.

By the way, in your post I qouted here, you agree that your employement falls under the RLA. Earlier, you mentioned that people at your company have sued because of breach of their "contract." If so, and if you are bargaining under the RLA, the RLA requires a greivance and arbitration process decided by a non-court neutral. Is this they type of arrangement you have in your "contract?" If so, then on what grounds were those lawsuits flied under? Or were they injunctions to force your employer to abide by the arbitrator's ruling?

 

[CEO silly sap]

What are you talking about? Companies all the time have contracts with it's employees either as a group or individually, airline or not. At Skywest we have a contract and have had pilots and flight attendants sue and win when there's been a breach of that contract. These contracts are legal and have been upheld by federal and state laws. They are indeed legal contracts. I will concede that not everyone has the money nor the will to sue, where as having a union takes care of that for you.

The Union sues the company for you. Instead a Skywest pilot must use his/her monies to sue the company. How much are your union dues with Skywest? You guys have an inhouse union or is it a pilot advisory board?