jetBlue Hiring
#412
That's the way I read it. But we will have to leave it to JB pilots to get some clarity on the meaning of "affiliate" at a road show.
#413
Feeling lucky? You'll pay all of jetblue's legal costs even if you win the court battle.
#414
Gets Weekends Off
Joined APC: Nov 2005
Posts: 2,556
Sec definitions.
Affiliate. An "affiliate" of, or a person "affiliated" with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
Parent. A "parent" of a specified person is an affiliate controlling such person directly, or indirectly through one or more intermediaries.
I still think I could stretch that and argue it in court that if you came from Skywest you pretty much can't go anywhere.
Either way, will you have the funds laying around to fight a drawn out battle in court?
Affiliate. An "affiliate" of, or a person "affiliated" with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
Parent. A "parent" of a specified person is an affiliate controlling such person directly, or indirectly through one or more intermediaries.
I still think I could stretch that and argue it in court that if you came from Skywest you pretty much can't go anywhere.
Either way, will you have the funds laying around to fight a drawn out battle in court?
#415
Sec definitions.
Affiliate. An "affiliate" of, or a person "affiliated" with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
Parent. A "parent" of a specified person is an affiliate controlling such person directly, or indirectly through one or more intermediaries.
I still think I could stretch that and argue it in court that if you came from Skywest you pretty much can't go anywhere.
Either way, will you have the funds laying around to fight a drawn out battle in court?
Affiliate. An "affiliate" of, or a person "affiliated" with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.
Parent. A "parent" of a specified person is an affiliate controlling such person directly, or indirectly through one or more intermediaries.
I still think I could stretch that and argue it in court that if you came from Skywest you pretty much can't go anywhere.
Either way, will you have the funds laying around to fight a drawn out battle in court?
#416
Gets Weekends Off
Joined APC: Jan 2008
Posts: 251
Jetblue was given very specific language from the PVC legal as to the definitions of "affiliate", "control" and others. This suggested language and definitions for section 15 were also given. Of course all the suggestions were disregarded.
Jetblue's reasoning for not placing any specific language in the PEA's is based on their belief that the "spirit" of the idea is incorporated in the document. Their are countless examples of the "spirit" of the rule being to applied the FSM, disability, insurance, vacation etc. In a calculated manner the airline choses to omit language and definitions in the PEA giving the airline specific flexibility. It's how it has always been done at Jetblue.
Insurance and vacation are one thing but section 15 is supposed to protect our jobs. Any airline with a union is going to eat us alive in a T/E because specific definitions are defensible in courts. The spirit of the section is not.
There is a substantial difference between the words "and" or "or" in a contract. A capital "P" in pilot means something completely different to a lower case "p".
We live in a specific CBA world with a generalized PEA.
Jetblue's reasoning for not placing any specific language in the PEA's is based on their belief that the "spirit" of the idea is incorporated in the document. Their are countless examples of the "spirit" of the rule being to applied the FSM, disability, insurance, vacation etc. In a calculated manner the airline choses to omit language and definitions in the PEA giving the airline specific flexibility. It's how it has always been done at Jetblue.
Insurance and vacation are one thing but section 15 is supposed to protect our jobs. Any airline with a union is going to eat us alive in a T/E because specific definitions are defensible in courts. The spirit of the section is not.
There is a substantial difference between the words "and" or "or" in a contract. A capital "P" in pilot means something completely different to a lower case "p".
We live in a specific CBA world with a generalized PEA.
Nothing is actually done in "spirit" though many things are sold that way. JetBlue is not an exception, this is how the world works. The 8hr Reduced Rest overnight was in "spirit" supposed to be relief for extenuating circumstances beyond airline control and to be used sparingly. Instead, schedules were built upon it, and now we are going to be dealing with 117.
When it's time to toe the line, "spirit" is about as worthless as yesterday's wind. This is true in any industry, with any sort of contract or regulation. "Spirit" is just a vaporous notion that can be swept side-- work rules need to be forged in hard details and specific definitions and bound by a legal contract. Otherwise we are mercy to the whims of those above.
#417
^^^^ THIS
Nothing is actually done in "spirit" though many things are sold that way. JetBlue is not an exception, this is how the world works. The 8hr Reduced Rest overnight was in "spirit" supposed to be relief for extenuating circumstances beyond airline control and to be used sparingly. Instead, schedules were built upon it, and now we are going to be dealing with 117.
When it's time to toe the line, "spirit" is about as worthless as yesterday's wind. This is true in any industry, with any sort of contract or regulation. "Spirit" is just a vaporous notion that can be swept side-- work rules need to be forged in hard details and specific definitions and bound by a legal contract. Otherwise we are mercy to the whims of those above.
Nothing is actually done in "spirit" though many things are sold that way. JetBlue is not an exception, this is how the world works. The 8hr Reduced Rest overnight was in "spirit" supposed to be relief for extenuating circumstances beyond airline control and to be used sparingly. Instead, schedules were built upon it, and now we are going to be dealing with 117.
When it's time to toe the line, "spirit" is about as worthless as yesterday's wind. This is true in any industry, with any sort of contract or regulation. "Spirit" is just a vaporous notion that can be swept side-- work rules need to be forged in hard details and specific definitions and bound by a legal contract. Otherwise we are mercy to the whims of those above.
#418
Gets Weekends Off
Joined APC: Nov 2005
Posts: 2,556
Your gonna send in a card and vote for ALPA anyways because you are a smart guy and know an in house would be no better than the current PVC with us footing the bill.
#419
Gets Weekends Off
Joined APC: May 2012
Posts: 1,099
During the last PEA road show in FLL and LGB the airline expressed its opinion of section 15. The airline claimed section 15 was industry leading language. During the discussion several pilots pointed out that the previous PVC legal had made a mistake with the verbiage. This is actually on tape 1.5 minutes into the LGB road show. The previous PVC and PVC legal, which were pro-company, admitted the mistake and used the "spirit" argument to defend the error.
The airline allowed Jetblue pilots to make suggestions on the document during a comment period.
Section 15 was never changed.
Company road shows are designed to express the airlines opinion. Attend if you will but keep this important fact in mind.
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