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2014 Fleet Service Discussion

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This subject is closed for me. I'll let the lawyers play this out
 
mike33 said:
So if there is no bargaining and no changes to any CBA why can't the docs stand in a court of law as legal without NMB involvement till representation?
there are changes we are asking for in negotiations. The association is legal between both parties and the iam or twu can sue eachother i suppose if either walked away from it. But i dont think we will see that unless one party chose to raid. Imo that is unlikely. There actually is a resolution process in the agreement.
 
NYer said:
The TWU can't move away from it unless both parties agree. On the other hand, because of the MOU I don't see how a submission of the Single Carrier Status can be avoided unless the Association files before the TWU is obligated to file on their own.
Correct. The association could refuse to file and take it before the agreed Arbitrator to buy an extra 2 months but I see no point in doing so. IMO the Association will file for SCS before June 9 or June 10 at the latest.
 
mike33 said:
This subject is closed for me. I'll let the lawyers play this out
admittedly, it does produce a headache for all.  May be wise for me to skip this topic as well.
 
Tim Nelson said:
admittedly, it does produce a headache for all.  May be wise for me to skip this topic as well.
Stick to script, don't deviate. Stick to script, don't deviate.
 
NYer said:
 
The TWU can't move away from it unless both parties agree. On the other hand, because of the MOU I don't see how a submission of the Single Carrier Status can be avoided unless the Association files before the TWU is obligated to file on their own.
Anyone can file, including me. All the single carrier is, is an organization or individual who says there is only one airline for representational purposes and applies to trigger a vote, i.e., an election. Would need to argue single carrier AND have to have a showing of support.
 
A credible file would be any organization that produces the sufficient support to argue the case.  Thus, the association can in fact file, and be credible, if the TWU and IAM give it the credit for its dues payers, which they will.
 
I don't think the company really cares who files provided the MOU isn't violated.  If the association files on behalf of the TWU, as a result of the TWU making the association its agent to do so,  any such filing would have to support the single carrier as well to satisfy the TWU obligation in the MOU which reads, "File and support".   I say that because the association can't file and then not support the filing.  And just because the Association files, doesn't mean that the TWU isn't obligated, i.e., unless its obligations are taken over by the association filing by TWU permission.  Again, Doug Parker doesn't care as long as it is filed and the TWU has satisfied its part of 'supporting the filing'.    Bottom line is that it will be filed and supported by a labor organization or an arbitrator will make a ruling 30 days after.  Maybe there is a reason to delay, just because I don't currently see the significance of a 30 day delay doesn't mean that it may not have some value.  Dunno.   In any case, once the single carrier is filed, or a contract ends up in dispute over single carrier, the NMB will never offer a release, and the NMB never has released anyone after a single carrier filing.   If there is a release, then any such release would necessarily have to come before June imo.  You and I disagree on some things.  You don't believe any release is coming.  I'm open to it just because the Obama administration has been incredibly favorable to the IAM when applying the RLA over two HUGE items already.  Our NC says it is coming, and whether we all agree or not, we should all hope so.
 
BLUTO said:
DOOSH PM ME
WIT UR FONE #
IL SEND U INFO!
 
DAVE
HY DOOSH THE #
U PM'D  ME WUZ
A ORD # NOT MIA!
I THUOGHT U WER
IN MIA?
 
DAVE
 
I have a lawyer friend in NYC, he specializes in 
.corporate law, faxed him everything I had on the topic at hand and he agrees with allot of what Nelson is saying,  but not everything. He thinks Nelson may have had some labor law classes. Tim would you like to comment on this?
 
rockit2 said:
I have a lawyer friend in NYC, he specializes in 
.corporate law, faxed him everything I had on the topic at hand and he agrees with allot of what Nelson is saying,  but not everything. He thinks Nelson may have had some labor law classes. Tim would you like to comment on this?
Yeahhh... right... you think I believe a lawyer is a good enough of a "friend" for him to do all of this for free.. and then certify Nelson as a quasi-expert in labor law?!
 
roabilly said:
Yeahhh... right... you think I believe a lawyer is a good enough of a "friend" for him to do all of this for free.. and then certify Nelson as a quasi-expert in labor law?!
He did it for free,  all he did was look at it over he didn't study it, he didn't certify anyone, he just said the guy has some merit. Sorry you don't have any friends, I went to jr high, high and college with this guy. You are a very negative person.
 
rockit2 said:
He did it for free,  all he did was look at it over he didn't study it, he didn't certify anyone, he just said the guy has some merit. Sorry you don't have any friends, I went to jr high, high and college with this guy. You are a very negative person.
I'll tell you what, PM me his name and firm, I will hire him to review the information myself...
 
roabilly said:
I'll tell you what, PM me his name and firm, I will hire him to review the information myself...
Your just as I remember you in the break room in CLT, don't believe anyone and a know it all.
 
Tim Nelson said:
Anyone can file, including me. All the single carrier is, is an organization or individual who says there is only one airline for representational purposes and applies to trigger a vote, i.e., an election. Would need to argue single carrier AND have to have a showing of support.
 
A credible file would be any organization that produces the sufficient support to argue the case.  Thus, the association can in fact file, and be credible, if the TWU and IAM give it the credit for its dues payers, which they will.
 
I don't think the company really cares who files provided the MOU isn't violated.  If the association files on behalf of the TWU, as a result of the TWU making the association its agent to do so,  any such filing would have to support the single carrier as well to satisfy the TWU obligation in the MOU which reads, "File and support".   I say that because the association can't file and then not support the filing.  And just because the Association files, doesn't mean that the TWU isn't obligated, i.e., unless its obligations are taken over by the association filing by TWU permission.  Again, Doug Parker doesn't care as long as it is filed and the TWU has satisfied its part of 'supporting the filing'.    Bottom line is that it will be filed and supported by a labor organization or an arbitrator will make a ruling 30 days after.  Maybe there is a reason to delay, just because I don't currently see the significance of a 30 day delay doesn't mean that it may not have some value.  Dunno.   In any case, once the single carrier is filed, or a contract ends up in dispute over single carrier, the NMB will never offer a release, and the NMB never has released anyone after a single carrier filing.   If there is a release, then any such release would necessarily have to come before June imo.  You and I disagree on some things.  You don't believe any release is coming.  I'm open to it just because the Obama administration has been incredibly favorable to the IAM when applying the RLA over two HUGE items already.  Our NC says it is coming, and whether we all agree or not, we should all hope so.
 
There will not be a release, and you have even given even more of a reason as to why it won't....which as you state, "once the single carrier is filed...the NMB will never offer a release"
 
The Obama Administration will NOT make this a political issue in a mid-term election year. If you've been paying attention in the last several years you surely have noticed he hasn't touched many union related issues and has actually gone against conventional wisdom that he would help...The biggest point towards that is how the AFL-CIO had unsuccessfully tried to change some of the Affordable Care Act that wasn't favorable to multi-employer insurance plans which are used by many union members.
 
I assume you meant the NLRB and not the RLA.
 
rockit2 said:
Your just as I remember you in the break room in CLT, don't believe anyone and a know it all.
Just tell me his name please...
 
Corporate lawyers in NYC can cost as much as $1000.00 per hour, and NO Lawyer, friend or not, gives that up for some cockamamie faxed paperwork ...
 
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