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Here is the Court's ruling. Long, but clearly explained.





Here is the Court's ruling. Long, but clearly explained.   

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Author: Relevant excerpt's cited:   Date: 6/15/2022 9:09:06 AM  +0/-0   Show Orig. Msg (this window) Or  In New Window

If you work in this industry, and desire to economically or operationally hurt your employer anytime, but especially during Section 6 negotiations, you should read the whole thing:


 


https://cite.case.law/f-supp-3d/280/59/


 


Finally, in a variation of its minor dispute argument, the Union makes glancing reference to provisions of the existing CBA that, in its view, permit or authorize the conduct that Atlas seeks to enjoin. It argues, for example, that the existing CBA bars pilots from refusing to work “‘normal’ overtime,” giving rise to an inference that pilots may refuse to work “unusual overtime.” Dkt. 56 at 10. But that position, once again, misunderstands the nature of Atlas’s claim. Atlas is not arguing that certain pilots were required to work overtime, or to volunteer for open time, under the existing CBA. Nor is it arguing that certain pilots violated the CBA by blocking out at the last minute or by calling in sick or fatigued. Rather, it is claiming that the Union'is violating the RLA by encouraging its members to engage in a concerted effort to do less — to stop helping out Purchase — in order to obtain leverage in the ongoing contract negotiations. That claim is not dependent on whether the underlying conduct is prohibited by the existing CBA but, rather, turns on whether the Union has orchestrated a concerted change in the status quo to influence the negotiations. See Delta Air Lines, 238 F.3d at 1307-08cf. Elevator Mfrs.’ Ass’n of New York, Inc. v. Local 1, Int’l Union of Elevator Constructors, 689 F.2d 382, 386 (2d Cir. 1982) (“That the overtime was designated as voluntary in the contract does not ... render the concerted refusal *83to' perform it any less a strike.”) (citation omitted).


 


 


c. Open Time Flying


Atlas next alleges that the Union has violated the RLA by encouraging pilots to decline to volunteer for open time flying assignments. Open time flying is a common feature of airline operations, see Delta Air Lines, 238 F.3d at 1302, and begins with a flight that lacks a crew.. This can occur for a variety of reasons, such as sick calls, fatigue calls, delays due to maintenance issues, last-minute customer requests, or lack of sufficient staff. Dkt. 5-3 at 15-16. Regardless of the cause, Atlas attempts to fill open space in two ways. First, it has a supply of reserve crew members available each day. Dkt. 5-3 at 15-16. These pilots are required to be available to fly, but will not necessarily be close enough to cover a particular flight. Dkt. 5-3 at 16. In addition, there are occasions when the reserve is already fully utilized. Id. That leads to the second method of staffing open time: volunteers. Atlas sends out requests for volunteers for a given flight, and available pilots, who are offered premium pay to cover the open time, are then given the opportunity to bid on the available flight. Dkt. 5-3 at 16. When multiple pilots bid on the same flight, the open time trip is given (or, at least, should be given) to the pilot with greatest seniority. Id. It goes without saying that unfilled open time damages the company, which cannot complete the flight as scheduled.


...


Atlas has presented convincing evidence that, since the Union served its Section 6 notice, (1) the company has faced greater difficult in filling open time trips, and' (2) it has been unable to fill a greater proportion of its open time trips...


[bold emphasis added]


...


Reviewing these statements in the context of the overall record and in light of the Union’s recognition of the risk of making more explicit assertions, the Court is left with little doubt that the increased difficulty that Atlas has had in filling open time strips is a product of the Union’s campaign to apply pressure on Atlas in the ongoing CBA negotiations.


...


[finally]


For all of these reasons, the Court concludes that it has jurisdiction over this dispute and that Atlas has carried its burden of demonstrating that it is entitled to a preliminary injunction preserving the status quo while the parties engage in the process mandated by the RLA for resolving major disputes.


 


 

 
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Federal Court Orders To Stop Refusing Overtime +1/-13 (July 2019) 6/14/2022 10:11:36 AM