Reed Richards
Veteran
- Sep 2, 2009
- 1,389
- 1,161
I believe that you are correct with respect to the company DJ slowdown and the eventual "the Nic is it". I believe that what the company really wants is the current cost savings, but cannot sacrifice the ability to attract future merger financing. "Position A" for the company would be to not be obligated to the increased cost of a JCBA, but to be able to exercise the option,if necessary for future consolidation. By the way, did you read the transcript?
I don't think "the Nic is it" is eventual, but give you credit for working that in. Does not matter.
I read the transcript. Think in the end Judge Silver may have cut to the chase..is a union required to use bargaining positions from a previous union? Specifically, does the Company have to bargain for the Nic? If you tell a Company they have to negotiate a certain way, you are essentially telling the union the same.
Briefs will not have the PHX circus atmosphere. I think Judge Silver knows where she is going. No DFR II here, not in her court.
To quote a much smarter friend of mine..you cannot have two men on second. Only one bargaining agent, and if they were bound by the sins of their predecessor, why start a new union in the first place? A union is free to negotiate at ANY time, pre and post ratification of any CBL, LOA, Side letter, etc. Why would the courts limit them at any point in that process, if it is the members that will ratify?
Said it earlier...I predict she admonishes both sides for not getting this settled. Tells the Company to negotiate as required (no Nic, no nothing from the court) and refuses to give them any immunity in doing so.
If she does otherwise, we are years away from a decision.
RR