When Is The Earliest Ua/amfa Can Strike ?

[700UW]

At AA the carrier was not in bankruptcy, nor did a judge impose temporary nor a contract abrogated.

The pilots at AA staged a sick out because of the Reno Air merger.

You need to compare apples to apples, not apples to oranges.

 

[aafsc]

At AA the carrier was not in bankruptcy, nor did a judge impose temporary nor a contract abrogated.

The pilots at AA staged a sick out because of the Reno Air merger.

You need to compare apples to apples, not apples to oranges.

[post="245236"][/post]​

Correct 700.

 

[TheDog2004]

At AA the carrier was not in bankruptcy, nor did a judge impose temporary nor a contract abrogated.

The pilots at AA staged a sick out because of the Reno Air merger.

You need to compare apples to apples, not apples to oranges.

[post="245236"][/post]​

You are right - this is apples to oranges, but only in the circumstances of the judge potentially ruling a union leadership in contempt. I think if the union stages a strike in this case that it is highly like they judge will do so. Now I'm no lawyer or anything, but considering how little the union has won from the judge I think this has a high probability of happening IMHO.

If the judge rules them in contempt he will fine them and threaten to throw them in jail. it doesn't matter what the circumstances are. The judge is acting in the interest of the creditors, and if he feels the unions are acting contrary to that then he will act to protect their interests.

 

[Bob Owens]

Of course, nothing prevents a mass resignation. This is ultimately why it cannot be considered slavery, even if the judge rules the strike to be illegal.

[post="245097"][/post]​

Under what statute would the Judge have the right to rule a strike illegal?

Where under BK law does it say that the Judge has the right to make permanent changes, other than abrogation, to a contract?

Could you see a Judge taking an aircraft lease, slashing what the airline has to pay while at the same time telling the owner that they could not repossess their property?

Could you see a BK Judge telling Exxon that they have to sell the airline fuel at a price that would ensure their profitability?

I dont see that in there. I see where he can abrogate deals, which alllows both parties to discontinue business with each other or make temporary changes but I dont see where he can decide new terms.

 

[goingboeing]

Wrong, they can't. They can quit certainly, but if they perform an illegal job action (ie - strike without the blessing of the judge) they can be replaced.

[post="245210"][/post]​

They can strike ANYTIME they want to but they may not have a job after the strike starts.My employer cannot make me come to work today. If I choose to go then I've agreed to their terms and conditions.
President Bush can order a PEB and an EO but it is only as good as the union president and the rank and file allow it to be. If the union leaders are willing to be martyed then a strike can stand as it is illegal for federal agents to handcuff you and make you come to work.

I would be surprised if Delle-Femme has the guts to ignore an Executive Order from the President.

 

[goingboeing]

At AA the carrier was not in bankruptcy, nor did a judge impose temporary nor a contract abrogated.

The pilots at AA staged a sick out because of the Reno Air merger.

You need to compare apples to apples, not apples to oranges.

[post="245236"][/post]​

The AA pilots did call a STRIKE in the mid 1990's and Bill Clinton issued an Executive Order 8 minutes after the strike was called and they went back to work.[I watched it on CNN - The strike started in MIA]

 

[700UW]

That was during Section 6 (regular negotiations) not bankrupcty imposed concessions or a abrogation.

Like I said compare apples to apples, not apples to oranges.