Did Lombardo ok this?

bigjets said:
 
 
I've never been asked or forced to sign anything off, or even work unsafe. I believe 591 used the wrong tactic of saying main is unsafe. 
 
Union officials being ignored is different from aircraft unsafe. 
 
I work at ORD
 
The recent situation I was referring to was management singling out an AMT for speaking out at a meeting.  This went on for months.  In regard to management forcing me sign off something - not so much.  However, management encouraging hasty repairs, or looking the other way if unsafe work practices were being used - plenty.  Of course, all in the name of putting aircraft back in service on their watch.
 
The pressure to meet schedule will never go away. We are all subject to that but it is our moral and ethical  responsibility to follow the authorized procedures. Now is it possible a supervisor went to far and singled someone out? Hell yes. It does and will continue to happen so we will find out if the ORD situation went to far through the AIR21 complaint.
 
Many of the other issues in the lawsuit seem to be a disagreement of what is the right way to do things such as the removing inspection off certain parts of the BC.
 
FWAAA said:
Success or failure of this lawsuit does not depend on proving any pencil-whipping or proving that management was putting unsafe planes in the air.

The plaintiffs win this lawsuit if they show that management threatened, harrassed or interfered with the leadership of local 591.

The court in this case won't determine the validity of any of the alleged maintenance failures - that's the job of the FAA. And the FAA won't determine the validity of any of the alleged violations of the RLA; that's the court's job.
 
 
 
[SIZE=13pt]I'm not an Attorney, but the Court may not address the Union Officers complaint since a Union Representatives right to represent its members is contractual. Therefore, the issue of a company violating the Union Representatives contractual rights must be addressed in Arbitration since the Courts have considered such infractions as Minor vs Major disputes.[/SIZE]
 
[SIZE=13pt]Definition of Minor Disputes. [/SIZE][SIZE=13pt]Disputes that arise out of the interpretation or application of existing contractual rights are considered minor disputes. Courts have ruled that a dispute is minor if the employer's action complained of by a contract employee is "arguably justified" by the collective bargaining agreement. Minor disputes initially are dealt with through the carrier's internal dispute resolution procedures. If a minor dispute is not settled through initial discussions, it may be referred for binding arbitration by either party to a grievance adjustment board composed of union and management representatives -- system adjustment boards in the case of airlines, and the National Railroad Adjustment Board or to special boards of adjustment in the case of railroads.[/SIZE]
 
Realityck said:
 
 
 
[SIZE=13pt]I'm not an Attorney, but the Court may not address the Union Officers complaint since a Union Representatives right to represent its members is contractual. Therefore, the issue of a company violating the Union Representatives contractual rights must be addressed in Arbitration since the Courts have considered such infractions as Minor vs Major disputes.[/SIZE]
 
[SIZE=13pt]Definition of Minor Disputes. [/SIZE][SIZE=13pt]Disputes that arise out of the interpretation or application of existing contractual rights are considered minor disputes. Courts have ruled that a dispute is minor if the employer's action complained of by a contract employee is "arguably justified" by the collective bargaining agreement. Minor disputes initially are dealt with through the carrier's internal dispute resolution procedures. If a minor dispute is not settled through initial discussions, it may be referred for binding arbitration by either party to a grievance adjustment board composed of union and management representatives -- system adjustment boards in the case of airlines, and the National Railroad Adjustment Board or to special boards of adjustment in the case of railroads.[/SIZE]
 
A Union and its representatives right to represent its members is not contractual, it is a guarantee by law.
 
ThirdSeatHero said:
A Union and its representatives right to represent its members is not contractual, it is a guarantee by law.
Exactly. That's something I expected everyone to understand.
 
From today's earnings call:
 
Helane Becker (Analyst - Cowen and Company): "I am just kind of curious about this seemingly frivolous lawsuit the mechanics filed against you guys. How should we think about that with the looming negotiations for the JCBA?"
 
Steve Johnson (EVP - Corporate Affairs): "This is Steve, Helane. And I would echo your characterization of frivolous. This lawsuit is really I think more a effort to get media attention than it is to pursue a real legal initiative. And we expect that the lawsuit will be dismissed in due course."
 
"And while the motives of this guy, Gary Peterson, who is leading this charge are a little confusing, I think it has a lot more to do with his fight and for a place in his union or to lead the team of people to a different union. I don't think that the dispute itself that is in the courtroom is going to have any impact on negotiations once those negotiations start going."
 
"But it very likely will have an impact on when we actually get to the negotiating table with these work groups. And that is disappointing because we would really like to be able to expedite those negotiations and get our mechanics and all of our other ground employees to join collective-bargaining agreements quickly."
 
NYer said:
From today's earnings call:
 
Helane Becker (Analyst - Cowen and Company): "I am just kind of curious about this seemingly frivolous lawsuit the mechanics filed against you guys. How should we think about that with the looming negotiations for the JCBA?"
 
Steve Johnson (EVP - Corporate Affairs): "This is Steve, Helane. And I would echo your characterization of frivolous. This lawsuit is really I think more a effort to get media attention than it is to pursue a real legal initiative. And we expect that the lawsuit will be dismissed in due course."
 
"And while the motives of this guy, Gary Peterson, who is leading this charge are a little confusing, I think it has a lot more to do with his fight and for a place in his union or to lead the team of people to a different union. I don't think that the dispute itself that is in the courtroom is going to have any impact on negotiations once those negotiations start going."
 
"But it very likely will have an impact on when we actually get to the negotiating table with these work groups. And that is disappointing because we would really like to be able to expedite those negotiations and get our mechanics and all of our other ground employees to join collective-bargaining agreements quickly."
Frivolous? Really people? Are they not in-tune with what is currently going on in the courts on this very same issue(s)?  Get a clue people.  It's coming, and the results will shock you all.  Get involved with your union and the very things that effect you and your lively hood...
 
NYer said:
From today's earnings call:
 
Helane Becker (Analyst - Cowen and Company): "I am just kind of curious about this seemingly frivolous lawsuit the mechanics filed against you guys. How should we think about that with the looming negotiations for the JCBA?"
 
Steve Johnson (EVP - Corporate Affairs): "This is Steve, Helane. And I would echo your characterization of frivolous. This lawsuit is really I think more a effort to get media attention than it is to pursue a real legal initiative. And we expect that the lawsuit will be dismissed in due course."
 
"And while the motives of this guy, Gary Peterson, who is leading this charge are a little confusing, I think it has a lot more to do with his fight and for a place in his union or to lead the team of people to a different union. I don't think that the dispute itself that is in the courtroom is going to have any impact on negotiations once those negotiations start going."
 
"But it very likely will have an impact on when we actually get to the negotiating table with these work groups. And that is disappointing because we would really like to be able to expedite those negotiations and get our mechanics and all of our other ground employees to join collective-bargaining agreements quickly."
Reads pretty much like a canned response from a management stooge.  Sounds like Steve got some input from the TWU International as well.
 
NYer said:
From today's earnings call:
 
Helane Becker (Analyst - Cowen and Company): "I am just kind of curious about this seemingly frivolous lawsuit the mechanics filed against you guys. How should we think about that with the looming negotiations for the JCBA?"
 
Steve Johnson (EVP - Corporate Affairs): "This is Steve, Helane. And I would echo your characterization of frivolous. This lawsuit is really I think more a effort to get media attention than it is to pursue a real legal initiative. And we expect that the lawsuit will be dismissed in due course."
 
"And while the motives of this guy, Gary Peterson, who is leading this charge are a little confusing, I think it has a lot more to do with his fight and for a place in his union or to lead the team of people to a different union. I don't think that the dispute itself that is in the courtroom is going to have any impact on negotiations once those negotiations start going."
 
"But it very likely will have an impact on when we actually get to the negotiating table with these work groups. And that is disappointing because we would really like to be able to expedite those negotiations and get our mechanics and all of our other ground employees to join collective-bargaining agreements quickly."
 
 
 
We can argue about this for days, but we’ll both see what the Court does. The RLA right to representation provides the right for a certified union to engage in collective bargaining and grievance adjustment. It doesn’t guarantee Union Officers or stewards on the field company paid UB time, or where or when management has to deal with you to discuss grievances or day to day problems. Those rights have to be negotiated and once they are negotiated (which they have been in Article 29) then the question of whether they are being respected is a minor dispute for an Arbitrator.  We’ll see, but the chance that a Federal Court is going to get involved in monitoring work floor relations at American or supervision of maintenance is next to zero.
 
Realityck said:
 
 
 
We can argue about this for days, but we’ll both see what the Court does. The RLA right to representation provides the right for a certified union to engage in collective bargaining and grievance adjustment. It doesn’t guarantee Union Officers or stewards on the field company paid UB time, or where or when management has to deal with you to discuss grievances or day to day problems. Those rights have to be negotiated and once they are negotiated (which they have been in Article 29) then the question of whether they are being respected is a minor dispute for an Arbitrator.  We’ll see, but the chance that a Federal Court is going to get involved in monitoring work floor relations at American or supervision of maintenance is next to zero.
 
The lawsuit goes nowhere. The Grievance process is the place to get contractual issues addressed. The NMB is the place to get representational issues addressed. The FAA is the place to get safety issues addressed.
 
If you go on Jetnet and click on the State of the Airline video's, they address this issue without mincing words.
 
Realityck said:
 
 
 
We can argue about this for days, but we’ll both see what the Court does. The RLA right to representation provides the right for a certified union to engage in collective bargaining and grievance adjustment. It doesn’t guarantee Union Officers or stewards on the field company paid UB time, or where or when management has to deal with you to discuss grievances or day to day problems. Those rights have to be negotiated and once they are negotiated (which they have been in Article 29) then the question of whether they are being respected is a minor dispute for an Arbitrator.  We’ll see, but the chance that a Federal Court is going to get involved in monitoring work floor relations at American or supervision of maintenance is next to zero.
I think you will be surprised to learn just how the Federal Courts will get involved.  They are already involved with a case dealing with another airline currently and this is directly related to why the filing at AA has come out. You guys should be hearing hopefully some time this week if not by next week what all is going on unless there are some kind of extensions.  The FAA has already indicated that they have been investigating this issue at AA last year into this year.  This shows that there is some merit involved here.  Let's all be patient and wait for the outcome to come...
 
NYer said:
 
The lawsuit goes nowhere. The Grievance process goes nowhere is the place to get contractual issues addressed. The NMB goes nowhere is the place to get representational issues addressed. The FAA goes nowhere is the place to get safety issues addressed.
 
 
 
Corrected!  :D
 
Rogallo,
That's a subjective analysis of the grievance process. It works depending which side you are viewing from. Right now the company loves it. Looking at the docket and decisions lately it doesn't seem the locals are taking good ones forward. That's probably why there is lawsuit. Wonder how the court system will look on 591's case prep?
 
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Maybe it will be the same judge who's handling the equity suit, or better yet, maybe the the bankruptcy judge and the 1114. In either case, they are sure to get a speedy case with a quick resolution.
 

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