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Old 07-28-2010, 08:04 PM
  #44141  
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Originally Posted by Carl Spackler
Interesting. Fining the union is all they could do, because fining the individual pilot would clearly be unconstitutional. Very interesting case. If only judges were so scrupulous about holding corporations to the letter of the contracts they sign.

Carl

While we were in contract negotiations for "Contract 2000," there was an alledged effort (according to the company) by individual pilots to put pressure on the company by refusing to GS, WS, and YS. According to the company, part of this alleged activity was done on the DALPA webboard. Even though there was no union sanction of this effort, the company decided to sue the union AND 49 individual pilots saying it was a violation of the Railway Labor Act because there was a change in the "status quo" while negotiations were going on. The company sued both Alpa and 49 individual pilots and won an initial injunction against the union and the individual pilots. I don't know how much they sued for but it was a substantial amount, at least to individual pilots. It was later resolved in the final contract of July 2001. This is why there is a screen that you have to "agree to" to sign on to the DALPA weboard now. It's been there ever since the injunction was issued.

This is my understanding of what went on. I was not one of the 49'ers.

Denny
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Old 07-28-2010, 08:39 PM
  #44142  
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Originally Posted by Carl Spackler
Interesting. Fining the union is all they could do, because fining the individual pilot would clearly be unconstitutional. Very interesting case. If only judges were so scrupulous about holding corporations to the letter of the contracts they sign.

Carl
Carl, they sued individual pilots. The company made a claim against individual pilots, who were identified through, among other things, forum posts. They became known as 49ers, since originally 49 individual pilots were sued by the company, including I believe, every member of the MEC. They were all served, I believe, at their home, late at night.
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Old 07-28-2010, 08:54 PM
  #44143  
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Originally Posted by Denny Crane
According to the company, part of this alleged activity was done on the DALPA webboard.
The judge might have inferred "concerted action" merely from the significant change in trip pick-up patterns, but those web posts made his decision easier. The MEC's protest that they had already opposed any "no-overtime" campaigns fell on deaf ears. The judge basically said: "You have to make it stop, or else!"
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Old 07-29-2010, 03:02 AM
  #44144  
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Originally Posted by sailingfun
??? No idea what your trying to say or what it has to do with my post.
Contractually GS's are not proffers you have to fly them. There is a spot for minimum report time. Best to use it.
Yes, but it does not mean that you have to sit short call just because you have a GS in. I am not always near a computer when I venture out of the realm of coverage. Likewise, I don't screen my calls; I generally just answer the darn phone. Why would we have out of base GS if you have to be there immediatly? For example: I just covered an out of base GS in DTW and I live in CA. I asked the scheduler to give me 5 min so I could make sure I could get there and he had no problem with that.

Here's the quote from "When Scheduling Calls"

What If I Do Answer the Phone on an Off Day?
A pilot’s obligation to accept a trip on X-days or regular line off days is
not absolute, whether the trip is the result of a White Slip (same day or
next day), Yellow Slip, Green Slip, or Inverse Assignment. A variety of
circumstances might make accepting such a trip impossible. For example:
• Not being physically located so as to be able to report.
• Having consumed alcohol.
[/SIZE][/FONT]
• Lack of available child care.
• Lack of available transportation.
• Not being adequately rested. For example:
o A pilot, not on call, notified late at night of an immediate report
should consider if he is sufficiently rested to accept such an
assignment.
o A pilot is not required to accept an inverse assignment that
requires a commute that would prevent adequate rest for the
assigned trip.
Be polite but be insistent. If necessary, call your Chief Pilot.

Last edited by bigdaddie; 07-29-2010 at 03:11 AM. Reason: Fixed formatting
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Old 07-29-2010, 03:46 AM
  #44145  
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Originally Posted by Reroute
Carl, they sued individual pilots. The company made a claim against individual pilots, who were identified through, among other things, forum posts. They became known as 49ers, since originally 49 individual pilots were sued by the company, including I believe, every member of the MEC. They were all served, I believe, at their home, late at night.

That is all correct. My neighbor was sued for 1 million dollars. They served his wife at 1am with a stack of papers that totaled over 500 pages. He sent 1 email to a friend asking him not to fly overtime. The web board posts were both from the Dalpa Web board and a private web site encouraging no overtime. He went through hell and lots of lawyers for a long time.
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Old 07-29-2010, 03:55 AM
  #44146  
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Originally Posted by bigdaddie
Yes, but it does not mean that you have to sit short call just because you have a GS in. I am not always near a computer when I venture out of the realm of coverage. Likewise, I don't screen my calls; I generally just answer the darn phone. Why would we have out of base GS if you have to be there immediatly? For example: I just covered an out of base GS in DTW and I live in CA. I asked the scheduler to give me 5 min so I could make sure I could get there and he had no problem with that.

Here's the quote from "When Scheduling Calls"

What If I Do Answer the Phone on an Off Day?
A pilot’s obligation to accept a trip on X-days or regular line off days is
not absolute, whether the trip is the result of a White Slip (same day or
next day), Yellow Slip, Green Slip, or Inverse Assignment. A variety of
circumstances might make accepting such a trip impossible. For example:
• Not being physically located so as to be able to report.
• Having consumed alcohol.
[/size][/font]
• Lack of available child care.
• Lack of available transportation.
• Not being adequately rested. For example:
o A pilot, not on call, notified late at night of an immediate report
should consider if he is sufficiently rested to accept such an
assignment.
o A pilot is not required to accept an inverse assignment that
requires a commute that would prevent adequate rest for the
assigned trip.
Be polite but be insistent. If necessary, call your Chief Pilot.
What you have posted is from when scheduling calls. It is all correct however the contract does state the following "10. A pilot will be obligated to fly a GS or GSWC rotation if he is notified of and
acknowledges the award."
There are lots of circumstances where you can't get there. You could be two hours from your house on a drive ect.. and need more time then you planned. There may be certain hours of the day where it would take longer to commute. If however you live where you are going to need 12 hours to report then you should put 12 hours minimum notification. I suspect that is why the scheduler removed the GS. I have turned down GS's many times because I could not get there and never had them say a thing. I would however always give them when I could get there and it was generally in a reasonable timeframe.
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Old 07-29-2010, 07:12 AM
  #44147  
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Originally Posted by Carl Spackler
I hear the Amish are going to iPads. So maybe there's hope soon.

Carl

Bwaaaa haaaaa haaaaa




fail
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Old 07-29-2010, 07:16 AM
  #44148  
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Originally Posted by Denny Crane
Normally they are NOT pro-offers. If the GS meets the criteria that is listed in your GS preference, then, if they get ahold of you, it is your trip. If it is outside of your preferences then it is a pro-offer and there is some leeway. They may even give you positive space to make the trip. I always put in a minimum time from award to report just to be on the safe side. At least this is the way I have always looked at GS's......

Inverse assignments are a horse of a different color. If you cannot make an inverse assignment for whatever valid reason, then you can't do it and that's that.

Denny

While what you say is true, I have never had a scheduler give me any grief if I simply explain to them that I am out of position or whatever, and cannot make a GS that did in fact meet my requirements. Logic really DOES take precedent their most of the time, and they realize that if they try to force you into a GS that you cannot make that they could wind up using a precious short call or going to some other heroic measure to cover the trip..
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Old 07-29-2010, 07:39 AM
  #44149  
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Originally Posted by tsquare
While what you say is true, I have never had a scheduler give me any grief if I simply explain to them that I am out of position or whatever, and cannot make a GS that did in fact meet my requirements. Logic really DOES take precedent their most of the time, and they realize that if they try to force you into a GS that you cannot make that they could wind up using a precious short call or going to some other heroic measure to cover the trip..


What they can do (and have in the past) is put a 'CPR' on your line. This stands for chief pilot review. In essence, that is a note to the CPO to call you in and explain why you are not following the contract. In their eyes, declining a GS that meets the parameters of your request is tantamount to a no show. The whole idea behind the automation for submitting slips is to reduce the workload (re: headcount) of the schedulers during IROPS when time is of the essence. They don't have time to call 50 pilots to cover one greenie. They are assuming that if the trip fits yours slip, then you are going to fly it. As its been said, its not a proffer.

I know it limits your universe of trips, but its best to put your required time to show as a preference on your slip. You don't want too many 'no shows' in your file as they do keep track. Last I heard, you get two for sure and three and you're out... over your career.
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Old 07-29-2010, 07:59 AM
  #44150  
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Nevermind, I found it

Last edited by capncrunch; 07-29-2010 at 08:19 AM.
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