tomgoodman

Legal question: Does this mean that if the UAL pilots are released to self-help, the CAL pilots would be legally prohibited from honoring their picket line because of the "status quo" rule? That unpleasant scenario could be avoided if the two MECs put their differences behind them and unite now.

teedog

No Status quo would only last 30 days the UniCal do have the right to follow and need to follow the UAL pilots.

tomgoodman

Thanks. I knew that the UAL pilots' "status quo" rule would expire after 30 days, but I wondered if the CAL pilots might be blocked from action by their own "status quo" requirement, since they are currently working under a different contract. If both groups get a simultaneous release, of course, it's not an issue.

1257

Ready to go

Pilotbiffster

He's trying to figure the right spin so he still get's his office adjoining co-worker Jefff's.

SpecialTracking

I fear this time he is hiding behind Lee Moak. This does not bode well for ALPA.

dogfood

If L-UAL pilots left ALPA, would the injunction still be enforceable?

LeeFXDWG

Tom,

Therein lies the potential "rub" in such a circumstance.

Without getting too deep into either of the Acts, there is nothing in the RLA or Norris-LaGuardia Act that prohibits "honoring" a picket line. So, while this is all currently a hypothetical scenario, yes, CAL pilots could go on a "sympathy" strike and honor the UAL pilot's picket line legally.

Such sympathy strikes are not forbidden in anyway; however, that does not mean that the company would not file to enjoin the CAL pilots if they elected to do so.

The precedent is there (Eastern vs ALPA) from when the pilots elected to honor the IAM picket lines in early 1989. Unfortunately, even though the case went to appeal to get the ruling, Eastern prevailed because they were able to prove ALPA's pretext through its formal statements made to the membership. In other words, able to get the court to consider ALPA's sympathy strike (legal) as merely a pretext for its own agenda (getting released) and using the opportunity to engage in self help before all provisions of the RLA had been exhausted with regards to ALPA.

Clear as mud?

Frats,
Lee

syd111

Do you really see ual going on strike without cal going also, sorry I just don't see that happening.

2wright

Does anyone else find it interesting that ALPA national (Moak) has been silent regarding Heppner's direction to submit the paperwork for release? I have to believe that if ALPA national was in favor of doing so, they would be making a big deal about this. To me, their silence is telling.