Click here to close
New Message Alert
List Entire Thread
Msg ID: 2732521 United Airline Pilots was enjoined from refusing to fly +0/-0     
Author:VOLUNTARY overtime! It Illegal!
6/15/2022 9:56:13 PM

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.



Return-To-Index  
 
Msg ID: 2732522 * U.S AIRWAYS Pilots was enjoined from refusing to fly (NT) +0/-1     
Author:Anonymous
6/15/2022 9:59:11 PM

Reply to: 2732521


Return-To-Index  
 
Msg ID: 2732523 United Airline Pilots was enjoined from refusing to fly +1/-1     
Author:“Concerted” As In Parties To The
6/15/2022 10:01:21 PM

Reply to: 2732521

Negotiations. Not rank and file. They cannot be enjoined from discussing with one another any freedom of speech topic.



Return-To-Index  
 
Msg ID: 2732524 You are not reading it! Pilot, members of the union, acting on their own +0/-0     
Author:is putting union in Jeopardy (for all)!
6/15/2022 10:05:08 PM

Reply to: 2732523

You are not acting in good faith and are jeopardizing bargaining for everyone attempting to promote a such a tactic (which it is clear you are attempting to do)

   



Return-To-Index  
 
Msg ID: 2732530 Who is this “you” that you speak of? Please post this horrendous actions (NT) +0/-0     
Author:And validate your claim
6/15/2022 11:20:23 PM

Reply to: 2732524


Return-To-Index  
 
Msg ID: 2732531 You, as in the person who posted just above that was being responded to (NT) +0/-0     
Author:So, if that was you, you is you
6/15/2022 11:24:51 PM

Reply to: 2732530


Return-To-Index  
 
Msg ID: 2732529 NOT the same!! Or even relatable. Part 121 scheduled operators and their (NT) +1/-1     
Author:Contract different standards.ur 0-8
6/15/2022 11:19:11 PM

Reply to: 2732521


Return-To-Index  
 
Msg ID: 2732532 RLA doesn't care if it is 121 or 135, RLA applies to both! (NT) +0/-0     
Author:Open Time is Open Time
6/15/2022 11:26:59 PM

Reply to: 2732529


Return-To-Index  
 
Msg ID: 2732537 United Airline Pilots was enjoined from refusing to fly +0/-1     
Author:so, genius, which specific
6/16/2022 12:17:22 AM

Reply to: 2732521

employee will be charged with a crime because they did not volunteer to perform an advertised workover?

You've cited cases that say it is illegal to refuse overtime.  How does that apply to individuals?

A company representative sends out an email offering a workover available at Base "A".  Do you charge all of the employess that don't volunteer to take it, or just one of them?  Which one?  How does this apply to actual individual employees?

This is why you're not a lawyer.



Return-To-Index  
 
Msg ID: 2732538 United Airline Pilots was enjoined from refusing to fly +0/-1     
Author:You made your non point
6/16/2022 1:26:50 AM

Reply to: 2732537

the horse is dead



Return-To-Index  
 
Msg ID: 2732541 The Union will be sanctioned, not a person! Name the person in +0/-1     
Author:any of those cited cases.
6/16/2022 5:46:40 AM

Reply to: 2732537
The court will hold THE UNION accountable and fine them!


Return-To-Index  
 
Msg ID: 2732546 The Union will be sanctioned, not a person! Name the person in +0/-0     
Author:Nah
6/16/2022 8:44:01 AM

Reply to: 2732541

That will never happen. Those rulings were all ancient history. Even if they did who cares.



Return-To-Index  
 
Msg ID: 2732547 2020 is not ancient. Besides history is what will bite you (NT) +0/-0     
Author:if you let it repeat itself!
6/16/2022 9:10:20 AM

Reply to: 2732546


Return-To-Index  
 
Msg ID: 2732548 2020 is not ancient. Besides history is what will bite you +0/-0     
Author:oooohhhh so scary
6/16/2022 9:12:21 AM

Reply to: 2732547

they will fine the union haaaaaaaahaaaaaaaahaaaaaaaa!!!!!!!!!!!!



Return-To-Index  
 
Msg ID: 2732556 Pretty much what Local 108 guys though! (NT) +0/-0     
Author:Anonymous
6/16/2022 9:50:14 AM

Reply to: 2732548


Return-To-Index  
 
Msg ID: 2732596 2020 is not ancient. Besides history is what will bite you +1/-0     
Author:Yeup
6/16/2022 12:41:13 PM

Reply to: 2732548

whih means it comes out of your dues, and those may wind up increasing as a result.



Return-To-Index  
 
Msg ID: 2732563 Funny thing is NOT a single fine, order, or penalty was given to ANY of the (NT) +1/-0     
Author:Unions u cite. Just a “please” stop
6/16/2022 10:16:36 AM

Reply to: 2732541


Return-To-Index  
 
Msg ID: 2732574 That's because they COMPLIED with the court 's (NT) +0/-1     
Author:injunction order!
6/16/2022 10:55:25 AM

Reply to: 2732563


Return-To-Index  
 
Msg ID: 2732589 That's because they COMPLIED with the court 's +0/-0     
Author:you certainly
6/16/2022 11:59:05 AM

Reply to: 2732574

don't know that.



Return-To-Index  
 
Msg ID: 2732666 and the shift will go uncovered...see who (NT) +0/-0     
Author:blinks first.
6/16/2022 6:46:32 PM

Reply to: 2732541


Return-To-Index  
 
Msg ID: 2732586 United Airline Pilots was enjoined from refusing to fly +0/-1     
Author:voluntary is
6/16/2022 11:53:30 AM

Reply to: 2732521

pretty self explanitory bro



Return-To-Index  
 
Msg ID: 2732599 United Airline Pilots was enjoined from refusing to fly +0/-0     
Author:Yeah,
6/16/2022 12:46:13 PM

Reply to: 2732586

although if terms and definitions within contract language indicate otherwise.  Voluntary can be defined as, perhaps, being offered an OT shift to the pilot pool with expectation that at least one will 'up and volunteer' but if that does not occur things get muddy in absence of further definition of consequence.

Aka Mumbo-Jumbo but for sure the answers are always in the fine print of detail.

A language thing.



Return-To-Index  
 
Msg ID: 2732611 United Airline Pilots was enjoined from refusing to fly +0/-0     
Author:you are
6/16/2022 1:20:19 PM

Reply to: 2732599

a complete moron lol



Return-To-Index  
 
Msg ID: 2732726 United Airline Pilots was enjoined from refusing to fly +0/-0     
Author:His Reply Sounded Much More
6/17/2022 10:43:27 AM

Reply to: 2732611

Intelligent, and mature than yours.



Return-To-Index  
 
Msg ID: 2732735 United Airline Pilots was enjoined from refusing to fly +0/-1     
Author:could be bro
6/17/2022 10:55:54 AM

Reply to: 2732726

but it's still wrong so there's that 



Return-To-Index  
 
Msg ID: 2732698 key word: CONCERTED EFFORT +0/-0     
Author:LBJOSS
6/17/2022 7:04:03 AM

Reply to: 2732521

Note the difference, a concerted effort, not individual choice.



Return-To-Index  
 
Msg ID: 2732712 Key concept: The fact you are promoting it here equals (NT) +1/-0     
Author:concerted effort
6/17/2022 9:27:08 AM

Reply to: 2732698


Return-To-Index  
 
Msg ID: 2732713 As in: "don't volunteer for overtime" +0/-0     
Author:See definition of "concerted"
6/17/2022 9:30:17 AM

Reply to: 2732712

 

https://www.merriam-webster.com/dictionary/concerted

 



Return-To-Index  
 
Msg ID: 2732750 Fact. Overtime is voluntary  +0/-0     
Author:Voluntary overtime
6/17/2022 11:53:31 AM

Reply to: 2732713

Overtime is voluntary.  Simple.  



Return-To-Index  
 
Msg ID: 2732752 When the historic rate of volunteers for overtime decrease (NT) +0/-0     
Author:it can be proven it's a concerted effort
6/17/2022 12:07:51 PM

Reply to: 2732750


Return-To-Index  
 
Msg ID: 2732761 Overtime is voluntary  +1/-0     
Author:Fact
6/17/2022 1:36:41 PM

Reply to: 2732752

Work over, shift coverage and overtime are voluntary.  Fact. 



Return-To-Index  
 
Msg ID: 2732787 When the historic rate of volunteers for overtime decrease +0/-0     
Author:lol
6/17/2022 9:21:41 PM

Reply to: 2732752

that would prove less people wanted to work overtime. so what. call 911.



Return-To-Index  
 
Msg ID: 2732793 But, as in Atlas's case, it proved a CONCERTED effort! (NT) +0/-0     
Author:It's about what the judge(s) see
6/17/2022 10:29:51 PM

Reply to: 2732787


Return-To-Index  
 
Msg ID: 2732797 But, as in Atlas's case, it proved a CONCERTED effort! +0/-0     
Author:and then what happened
6/17/2022 10:59:42 PM

Reply to: 2732793

nothing



Return-To-Index  
 
Msg ID: 2732836 Case went back to lower court & sanctions assessed. Plus, (NT) +0/-0     
Author:Union forced into PEB & are sobbing
6/18/2022 1:14:31 PM

Reply to: 2732797


Return-To-Index  
 
Msg ID: 2732842 Correction, forced into binding arbitration, not PEB (but, essentially same +0/-0     
Author:result). They are sobbing:
6/18/2022 1:29:48 PM

Reply to: 2732836

 

https://www.freightwaves.com/news/disgruntled-pilots-blast-5-year-contract-with-atlas-air

 

 

Robert Kirchner, a trustee for Teamsters Local 2750 that represents more than 2,500 Atlas Air pilots, excoriated National Mediation Board arbitrator Dana Eischen of New York for delivering a “lopsided” award that is “catastrophic” for employees.



Return-To-Index  
 
Msg ID: 2732859 But, as in Atlas's case, it proved a CONCERTED effort! +1/-0     
Author:By definition
6/18/2022 4:04:49 PM

Reply to: 2732793

It does NOT prove concerted effort

 

 

Even in a case of concerted effort, the amount of volunteering alone does not prove it



Return-To-Index  
 
Msg ID: 2732873 Tell that to the judge! +0/-0     
Author:Oh, they did ....
6/18/2022 7:13:51 PM

Reply to: 2732859

He rejected it, then the Court of Appeals did too!



Return-To-Index  
 
Msg ID: 2732858 United Airline Pilots was enjoined from refusing to fly +1/-1     
Author:Yes, the union has a duty to convince
6/18/2022 4:02:18 PM

Reply to: 2732521

And the pilots retain the authority to not be convinced.  



Return-To-Index