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United Airline Pilots was enjoined from refusing to fly





United Airline Pilots was enjoined from refusing to fly  

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Author: VOLUNTARY overtime! It Illegal!   Date: 6/15/2022 9:56:13 PM  +0/-0  

The courts have made it clear!   Durng Status Quo, and concerted effort by pilots put the Union in jepordy for bad faith bargaining tactics:

 

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

 

US AIRWAYS, INC., Plaintiff, v. US AIRLINE PILOTS ASSOCIATION and MICHAEL J. CLEARY, Defendants.

September 28, 2011

If either side unilaterally alters the status quo during the bargaining and mediation process, a court may issue an injunction to put a stop to that party's illegal self-help. See, e.g., Consol. Rail Corp., 491 U.S. at 303. This rule empowers courts to “enjoin not only strikes but also ‘union conduct . . . which has the consequences of a strike,’ such as refusal of overtime, slowdowns and sit-ins.” IAM, 243 F.3d at 362 (quoting ALPA, 802 F.2d at 906); accord Elevator Mfrs.' Ass'n 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 to perform it any less a strike.”) (internal quotation marks and citations omitted). For example, federal courts have enjoined slowdowns, e.g., United II, 563 F.3d 272; IAM, 243 F.3d at 369; Pan Am. World Airways, Inc. v. Transport Workers Union, No. CV 84-3357, 1984 WL 49055 (E.D.N.Y. Aug.20, 1984); Trans World Airlines v. Int'l Ass'n of Machinists, No. 74 CV 460-W-2, 1974 WL 1170 (W.D.Mo. Aug.22, 1974); sick-outs, e.g., United II, 563 F.3d 275; Pan Am., 1984 WL 49055; Pan Am. World Airways v. Indep. Union of Flight Attendants, No. 81 Civ. 3785, 1981 WL 2367 (S.D.N.Y. July 20, 1981); work-to-rule programs, e.g., Long Island R.R. Co. v. Sys. Fed'n No. 156, Am. Fed'n of Labor, 368 F.2d 50, 52 (2d Cir.1966); Tex. Int'l Air Lines, Inc. v. Air Line Pilots Ass'n Int'l, 518 F.Supp. 203, 216 (S.D.Tex.1981); “safety” campaigns, e.g., IAM, 243 F.3d at 368-69 & n. 14; increased write-ups of maintenance problems, e.g., Texas Int'l Air Lines, Inc., 518 F.Supp. at 207; and concerted refusals to work overtime, e.g., Delta, 238 F.3d at 1311.

 

Thus, even if this court were to conclude that USAPA had not instigated the slowdown, the association would still have an affirmative duty to exert every reasonable effort to stop it. See Delta, 238 F.3d at 1310 & n. 22 (“[W]e need not rule on whether ALPA has ratified the pilots’ actions . . . the duty of ALPA under the RLA is sufficiently high that even if it has not sponsored or ratified the unlawful job action by the pilots, it has a duty to end such unlawful action.”); IAM, 243 F.3d at 363 (“Once a court determines that such a concerted work action is occurring in violation of the RLA, an injunction can issue ordering the union to observe its statutory duty by trying to stop it”).

 

Therefore, the Court GRANTS Plaintiff’s Motion for Preliminary Injunction (Doc. No. 10) against USAPA and HEREBY ORDERS:

2. USAPA shall take all reasonable steps within its power to prevent the aforesaid actions and to refrain from continuing the aforesaid actions if commenced, including, but not limited to, the following:

c. Including in such notice a directive from USAPA to US Airways’s pilots who are engaging in a concerted refusal to perform normal pilot operations, including but not limited to, slow taxiing, writing up all maintenance items, calling in fatigued, delaying flights, refusing to answer a call from the scheduling, refusing to fly an aircraft that meets the requirements for flight, or refusing to accept voluntary or overtime flying, to cease and desist all such activity and to cease and desist all exhortations or communications encouraging same.

 
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United Airline Pilots was enjoined from refusing to fly +0/-0 VOLUNTARY overtime! It Illegal! 6/15/2022 9:56:13 PM