- Banned
- #316
Our CBA was settled in 1999, not 2001.You may want to double check that. In 2001 we went from around $27 to $35, as did most other mechanics in the industry around that time. Our wages had fallen way behind and these increases nearly brought us up to where we should have been. Maybe your guys never fell as far behind.
In other words you guys ratified it rather than challenge him, but the end result is you ratified it.
Doesnt the RLA say that if a contract is abrogated you can strike?
Doesnt C-11 say that contracts covered under the RLA can not be abrogated in BK? (1167)
Wasnt there an exclusion for the airlines even though we are under the RLA that our contracts would be handled as if we were under the NLRA? Did you guys even question the reasoning behind being excluded?
Under the NLRA cant workers strike if their contract is abrogated and new terms imposed?
So if both the RLA and the NLRA say that we can strike if our contract is abrogated and new terms are imposed shouldnt you guys have challeneged the court? Thats been the law and practice for over 75 years. Didnt you guys even challenge the fact that by him abrogating the contract and imposing new terms that you have not been afforded the same protections under the law as other workers under the laws as written? What did your legal team say?
So if the Judge did not want a strike he should have denied the companys request to abrogate, because under the RLA we cant strike as long as our agreement remains in place.
You guys folded, (so did we under much less pressure but we never sold ourselves as The Fighting Machinists) and setup the AFA to eventually take the fall in a decision that reeks like "Plessy vs Ferguson". The segregation of workers who have already been segregated where the protections that justified the segregation have been stripped away, its almost a form of Double Jepardy. The RLA is clear, change our rates of pay or anything else that qualifies as a major dispute and we can protect our interests. The hooples in the AFA vs NWA decision simply made up new rules because they knew that labor was too timid to challenege them, you guys set the tone.
How can a law be considered "fair and just" if it applies to some workers one way but other workers a different way?
According to your contract you should be in Mediation as of July.
Section 1167 applies to railroads only not Airlines, according to Sharon Levine who is one of the top bankruptcy lawyers in the US.
The NLRA has nothing to do with Airlines, why even bother bringing it up, unless you intend to throw people off the truth?
And Bankruptcy law trumps the RLA.
And the courts have shown you cant strike.