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Old 01-05-2009, 05:01 PM
  #31  
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Not what I was saying no. What I meant is that we, us, the union, the MEC and NC will have to decide whether we will fight the charade and call the company's bluff or submit to their draconian measures.

We are saying that we are all about shared sacrifice. Sounds good. But will we fight to keep our pay at the contractual mins in the face of the company putting on the show of a potential furlough? I hope so.

It will be a difficult position for all of us.

FJ
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Old 01-05-2009, 05:06 PM
  #32  
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BTW, most outstanding grievances get forgiven by both sides upon ratification of a new CBA (happened with our current contract.) So even if we grieve a misinterpretation of Section 4 for back-pay, there's a good possibility it'll never get anywhere because of Contract 2010.
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Old 01-05-2009, 05:06 PM
  #33  
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Thanks, I get ya.
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Old 01-05-2009, 05:20 PM
  #34  
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Originally Posted by LEROY
BTW, most outstanding grievances get forgiven by both sides upon ratification of a new CBA (happened with our current contract.) So even if we grieve a misinterpretation of Section 4 for back-pay, there's a good possibility it'll never get anywhere because of Contract 2010.
We have a winner. This is exactly what is going to happen, which is why the company is going to abuse Section 4 and we are going to take it and like. Unless we play hardball.
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Old 01-05-2009, 07:04 PM
  #35  
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Originally Posted by jlo007
I failed smilies. No one wants a pay cut, and as much as I'd hate to delay getting a well earned raise it's an idea.
Its a cr@ppy idea...I am worth every dime they pay me. I make FedEX money!

When others in this company seem to show no sense of urgency, the pilot group does. I am tired of being regarded with the same level of appreciation as the crew bus drivers.

I feel completely under-demitiated!!!!!!!!!!!
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Old 01-05-2009, 08:01 PM
  #36  
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Originally Posted by onetime
We have a winner. This is exactly what is going to happen, which is why the company is going to abuse Section 4 and we are going to take it and like. Unless we play hardball.
What makes you think we'll actually have a contract before 2012 anyway? I'm hoping the grievance will not take 3 to 4 years, but you never know.
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Old 01-05-2009, 10:55 PM
  #37  
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Originally Posted by trashhauler
What makes you think we'll actually have a contract before 2012 anyway? I'm hoping the grievance will not take 3 to 4 years, but you never know.
Last time around, the company was stalling and we were ready for a contract. If the economy continues to struggle, the company will want a CBA sooner rather than later. Just my thoughts on the matter.
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Old 01-06-2009, 12:18 AM
  #38  
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Originally Posted by LEROY
BTW, most outstanding grievances get forgiven by both sides upon ratification of a new CBA (happened with our current contract.) So even if we grieve a misinterpretation of Section 4 for back-pay, there's a good possibility it'll never get anywhere because of Contract 2010.
Originally Posted by onetime
We have a winner. This is exactly what is going to happen, which is why the company is going to abuse Section 4 and we are going to take it and like. Unless we play hardball.
I don't know if this is true/correct or not, but what the heck, I'll throw it out there....(I'm not a lawyer - but I have stayed at Holiday Inn Expresses in the past)

The grievance process is used to take MINOR contract violations before a neutral arbitrator (like whether or not a pilot should have gotten catering on a certain flight, etc.....minor violations.) The arbitrator is not bound by any laws in making his/her decision (lots of leeway) - and the decision is binding on both parties. This process, as you say, can take years sometimes.

However.......for MAJOR contract violations, the grievance process is not used. The offended party files an actual lawsuit (vs. grievance) in Federal Court - could even ask for the judge to impose a Temporary Restraining Order to prevent further harm being inflicted while the lawsuit is litigated.

This court action goes before a Federal Judge (bound by law - not just an arbitrator) to decide who wins. And in these types of cases, monetary damages awarded are typically 3 times the amount of the original $$$ lost PLUS the original $$$ lost paid back to the offended party as well.

If this is all correct, I believe the Union should file in Federal Court the day the bidpacks for Feb are published (if not sooner.)

Guess we'll see in a couple of days.

Discuss........
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Old 01-06-2009, 12:07 PM
  #39  
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Originally Posted by AFW_MD11
I don't know if this is true/correct or not, but what the heck, I'll throw it out there....(I'm not a lawyer - but I have stayed at Holiday Inn Expresses in the past)

The grievance process is used to take MINOR contract violations before a neutral arbitrator (like whether or not a pilot should have gotten catering on a certain flight, etc.....minor violations.) The arbitrator is not bound by any laws in making his/her decision (lots of leeway) - and the decision is binding on both parties. This process, as you say, can take years sometimes.

However.......for MAJOR contract violations, the grievance process is not used. The offended party files an actual lawsuit (vs. grievance) in Federal Court - could even ask for the judge to impose a Temporary Restraining Order to prevent further harm being inflicted while the lawsuit is litigated.

This court action goes before a Federal Judge (bound by law - not just an arbitrator) to decide who wins. And in these types of cases, monetary damages awarded are typically 3 times the amount of the original $$$ lost PLUS the original $$$ lost paid back to the offended party as well.

If this is all correct, I believe the Union should file in Federal Court the day the bidpacks for Feb are published (if not sooner.)

Guess we'll see in a couple of days.

Discuss........
This is how it was explained to me by my rep.
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Old 01-06-2009, 01:31 PM
  #40  
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Originally Posted by DaRaiders
This is how it was explained to me by my rep.

Then happily use my 2 % to retain corey b trotz! Go get 'em tiger!
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