Pi brat, on 09 September 2010 - 05:21 PM, said:
Question-is it okay to use a loophole when you know the intent of the rule?
No, but what was the intent of this particular rule? Keep the West pilots from joining the union by denying them base reps? You see, knowing intent is akin to reading minds - USAPA spelled out what was required to become a member in it's C&B/L's, did they not? So in that sense it wasn't even a loophole - it was following the rules USAPA laid out. Rules that made it impossible for West pilots to become members. Rules that the West pilots had no role in formulating or implementing. Yet, when an outside party ruled that they had to pay dues (or objector fees), the West pilots accepted that ruling.
Contrast that to the East pilots, who went willingly into binding arbitration. Not liking the result they then actively sought a way to get out of their agreement (a loophole) and thinking they had found it then actively implemented that plan (the loophole), all with no input from the West pilots.
Question - is it okay to create a loophole when you know what you had agreed to but don't like the result of that agreement?
Jim
Silver: No question the [9th] embraced the issue that there was harm to the West Pilots.