Union Activity - what's legal?

[gtpilot]

Ok, In another thread I was called out for mentioning company activity that might be considered illegal. I'll admit, I don't know the first thing about the law regarding union activity so I have a couple of scenarios I am curious about.

#1 - During contract negotiations, pilots cause a significant drop in the airline's on time performance and completion rates using tactics like - extremely thorough preflight inspections and grounding the aircraft any time possible for minor issues like peeling paint, wheel wear and perceived dents OR taxiing like AA usually does OR insisting on going into the terminal to eat on 20-30 min turns, etc. Nothing unsafe, but the little things add up to really drop performance numbers.

#2 - I spoke to a retired Eastern captain who said during contract negotiations the pilots staged a 'slow down' where they all pulled back the throttle and flew at reduced speeds to delay flights. (He said it actually back-fired on them when management discovered just how much they were saving in fuel costs!)

#3 - If the above actions are not legal, why would a strike be legal and/or under what conditions is a strike legal?

[Polar742]

Originally Posted by gtpilot

Ok, In another thread I was called out for mentioning company activity that might be considered illegal. I'll admit, I don't know the first thing about the law regarding union activity so I have a couple of scenarios I am curious about.

#1 - During contract negotiations, pilots cause a significant drop in the airline's on time performance and completion rates using tactics like - extremely thorough preflight inspections and grounding the aircraft any time possible for minor issues like peeling paint, wheel wear and perceived dents OR taxiing like AA usually does OR insisting on going into the terminal to eat on 20-30 min turns, etc. Nothing unsafe, but the little things add up to really drop performance numbers.

#2 - I spoke to a retired Eastern captain who said during contract negotiations the pilots staged a 'slow down' where they all pulled back the throttle and flew at reduced speeds to delay flights. (He said it actually back-fired on them when management discovered just how much they were saving in fuel costs!)

#3 - If the above actions are not legal, why would a strike be legal and/or under what conditions is a strike legal?

#1 and #2 violate the "status quo" (how you were operating prior to a CBA under the RLA becoming amendable), thus rendering them illegal if sanctioned by the MEC, or any of the union leadership. However, as a "grassroots" effort, they are legal. Same deal with the CO. All of a sudden all the lines are built to 5 hours below guarantee when they were all 90 hours. How often does it get taken to court? Occasionally. Guess who usually brings the cases.? You're right, not the pilot group. Guess who usually wins the cases? Yup, right again, not the pilot group.

#3: There's a process that once the CBA is amendable (CBAs under the RLA never expire, just become amendable) that usually takes 2-3.5 years to renegotiate, after a "Section 6" letter is filed by either party. Then the company and union meet. Then they get to an impasse. Then they request a mediation. Then an impasse. Then they get an arbitrator. Then an impasse. Then the arbitrator releases them to a 90-day "cooling off" period prior to either party being allowed to strike or the company to lock the union out. Then the President declares a "Presidential Emergency Board" to prevent the union from striking (only our current president has abused this to extremes). Otherwise, you can strike. (Condensed format)

[gtpilot]

Originally Posted by Polar742

#1 and #2 violate the "status quo" (how you were operating prior to a CBA under the RLA becoming amendable), thus rendering them illegal if sanctioned by the MEC, or any of the union leadership. However, as a "grassroots" effort, they are legal.

Ignorant question - what are CBA and RLA?

I can see #2 as a violation of status quo but have a bit more trouble with #1. Is it only in violation if it is union driven and documented? I'm more curious how it could be proven that it was not a grass roots effort?

[staplegun]

Originally Posted by gtpilot

Ignorant question - what are CBA and RLA?

I can see #2 as a violation of status quo but have a bit more trouble with #1. Is it only in violation if it is union driven and documented? I'm more curious how it could be proven that it was not a grass roots effort?

CBA = Collective Bargaining Agreement, ie contract.

RLA = Railway Labor Act, which governs airline labor negotiations



Kevin

[Polar742]

Originally Posted by gtpilot

I can see #2 as a violation of status quo but have a bit more trouble with #1. Is it only in violation if it is union driven and documented? I'm more curious how it could be proven that it was not a grass roots effort?

Originally Posted by gtpilot

#1 - During contract negotiations, pilots cause a significant drop in the airline's on time performance and completion rates using tactics like - extremely thorough preflight inspections and grounding the aircraft any time possible for minor issues like peeling paint, wheel wear and perceived dents OR taxiing like AA usually does OR insisting on going into the terminal to eat on 20-30 min turns, etc. Nothing unsafe, but the little things add up to really drop performance numbers.

I bolded your answers for you

Negotiations are fun....

[Polar742]

Originally Posted by gtpilot

I'm more curious how it could be proven that it was not a grass roots effort?

Company Lawyers with statistics provided by the company.

Does the RLA sound like the unions trying to push a rope uphill yet?

[BobDDuck]

Originally Posted by gtpilot

I'm more curious how it could be proven that it was not a grass roots effort?

There are a whole bunch of ways to prove it wasn't a grassroots effort. The word has to get out SOMEHOW, so somewhere along the line there are communications. They may be in the form of a phone tree, a random poster in the bathroom or a certain way of making a radio call when talking to ATC. All these things have been done before. The problem is there are generally some "company pilots" out there who will spill the beans, and point the finger back to where it started.

The trick of course is ESTABLISHING a pattern of safety slowdowns before you go into Section 6

[joliet]

Everything is legal until you are caught, and then it's still legal until you're proven guilty.

Hope you have a good attorney. With a good lawyer, nothing is illegal.

[Flybob37]

To use an old racing line, "It ain't cheatin' till you get caught...and then it was just an interpretation of the rules."