BoeingBoy
Veteran
- Joined
- Nov 9, 2003
- Messages
- 16,512
- Reaction score
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kiloromeo said:Ormet is not under the railroad labor act....
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i believe at the end of the day, abrogation or not its still RLA all the way.Skyhungry said:Neither is an airline under Chap 11 protection. There is a gray area. If a strike occurs, things will be getting very interesting.
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Skyhungry said:Neither is an airline under Chap 11 protection. There is a gray area. If a strike occurs, things will be getting very interesting.
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delldude said:i believe at the end of the day, abrogation or not its still RLA all the way.
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kiloromeo said:Ormet is not under the railroad labor act....
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BoeingBoy said:And therein is the unknown facing all of us.....
On the one side, there is the argument that contract abrogation in BK allows the company to "reset the clock" to the time a union was initially certified on a property and the first contract is being negotiated, hence the RLA process applies from the point of abrogation forward.
On the other side is the argument that contract abrogation in BK "resets the clock" for both parties to the end of a cooling off period under the RLA and allows both parties to engage in self-help.
To the best of my knowledge, no judge has ruled a strike illegal in an airline BK case since section 1113 was passed. I do not know if any judge was asked.
Finally, what I found interesting in the Ormet article was not the strike itself, but the timing. The contract had not been abrogated. The strike was called because the company wouldn't postpone the court date on abrogation.
Jim
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delldude said:i believe at the end of the day, abrogation or not its still RLA all the way.
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highly skilled
Oneflyer said:What a F-ing joke. Any occupation that can be learned in a six week training course does not qualify as "highly skilled".
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