Failed to answer again.
If it is dismissed. What happens next? What does the company do? Do they use the agreed to arbitrated method and avoid a law suit. Or do they ignore their agreements and allow a made up seniority list?
What happens if the company says they will only use the Nicolau list because the court dismissed the case and they could not get relief? Just like voting usapa in eliminated any chance to negiotiate asking fot the dismissal may put usapa in a corner with nowhere to go.
So answer the question what if it is dismissed and the company refuses to use DOH?
Whether Silver hears the case or not, Parker already said in the last crew news (as best I recall) they were going to the Ninth. In fact, all roads lead to the Ninth eventually, and "eventually" could take a long, long time.
No court is going to tell a Labor union what they have to negotiate, and if they did it would not survive appeal.
No court is going to tell Management how and what to negotiate, much less give them a "get out of jail free" pass going into negotiations, and if they did it would not survive appeal. In fact, it is the Company that is sticking themselves out there by implying they have some sort of duty to honor internal union affairs. SCOTUS and the Ninth have historically said they have no business in internal union affairs.
No court is going to impose a condition, restriction, or contract on a Labor group without them having a vote. Heck, even in the bankruptcy they handed us the rope and made us hang ourselves. Nothing was imposed. If Parker chose to tie his wagon to Nic and Section 22, and go into a cooling off period, then it would be no different than him trying to take away (your) crew meals or half our pay. It’s a process with many twists and turns, and with few shortcuts provided by NMB…in fact the process can be endless, at least that is what one of the Judges implied during the oral arguments at the Ninth.
The company can do what they want in negotiations , and if they do so illegally (whatever that means) they can be sued.
The union can do what they want in negotiations, and if they stray from what is judged widely reasonable they can be sued (DFR) by their own members upon delivery of the ratified product.
Nobody gets a free pass from the Courts before they act. Nobody gets to sue before the knife is thrust (guess where I heard that!)
All these processes are slow as molasses. The only real thing (other than the dream of working for a company that thinks working with its employees is good business) that can change the timeline is current events. Something happens, or something is perceived as imminent that causes one side or the other to act in a way to speed the process.
It’s been said here a million times, but my upward movement, combined with our Scope language, makes me real comfortable just waiting this out. There is no upside to capitulation to Nic right now. I will just sit tight as my union continues to negotiate in good faith, continues to abide by its CBLs and use DOH with Conditions and Restrictions in Section 22 proposals, and plays out this process just as fast the government will allow. I have financially planned for a possible work action, and honestly hope it does not come to that. Maybe some unknown current event is “lurking.” I don’t really know.
Could I be richer in this job, happier, more satisfied, etc? ….you bet. But that is true in all aspects of life. I just moved from Reserve to Blockholding C/O. Nice raise, more per diem, a heck of decrease in commuting costs not having to sit reserve out of base. Based on current attrition in another 2 to 3 years I will be able to move to a Group 1 aircraft, and in another 4 or 5 to the 330. A much slower career path than I would have hoped for, but OK by me for now..yeah..OK.
Your outhouse lawyer superhero,
RR
