TO SUE OR NOT TO SUE

[swamt]

Just heard we had a mechanic here at SWA file a law suit against AMFA & SWA. Don't know all the exact details, but it stems from the mechanic not getting an inspector position on a bid. I was told he lost at system board with the company. So I guess he decided to sue. Was told he is asking for $30K, and to be put into an inspection position. And yes he has already passed the inspectors test. Since we all work under the railway labor act this is filed in the federal court systems. Now correct me if I am wrong, but, after a system board loss, isn't the next step an appeal process? Possibly with an arbritrader? All sounds like a waste of time and money to me. From what were hearing the company and the union followed all rules and regs when this bidding proccess was going on. If anyone wants to see the filling just google search Cordts v AMFA. Maybe someone could chime in that knows more. Can someone sue both the union and the company? Hope he has a good (and expensive attorney), going up against 2 enities with endless funds available to them.

 

[Spock]

Just heard we had a mechanic here at SWA file a law suit against AMFA & SWA. Don't know all the exact details, but it stems from the mechanic not getting an inspector position on a bid. I was told he lost at system board with the company. So I guess he decided to sue. Was told he is asking for $30K, and to be put into an inspection position. And yes he has already passed the inspectors test. Since we all work under the railway labor act this is filed in the federal court systems. Now correct me if I am wrong, but, after a system board loss, isn't the next step an appeal process? Possibly with an arbritrader? All sounds like a waste of time and money to me. From what were hearing the company and the union followed all rules and regs when this bidding proccess was going on. If anyone wants to see the filling just google search Cordts v AMFA. Maybe someone could chime in that knows more. Can someone sue both the union and the company? Hope he has a good (and expensive attorney), going up against 2 enities with endless funds available to them.

My bet is that he can file, but it will get tossed out...

 

[jimntx]

Good answer, Mr. Spock. As a lawyer friend said to me one night when I was asking him about some cock-eyed suit that had been filed over some supposed outrage here in Dallas..."My friend, anyone can file suit about anything, anywhere in the United States. It's part and parcel of our open court system. Now, will the court entertain the suit, throw it out, enjoin you from frivolous or malicious filings and actions? That's a different question."

Oh, and that's what happened with the suit here in Dallas. The judge summarily dismissed the suit with prejudice which means that if the plaintiff tried to refile the suit, they would be in serious trouble with the court.

My guess is that the mechanic's suit will have no standing. In labor relations--particularly under the RLA--there is a longstanding precedent of binding arbitration that prohibits filing suits. The arbitration process must be followed, and the final decision is binding on all parties--unless of course you are a US Airways pilot who doesn't agree with the decision.

 

[signals]

I don't think you can sue your active employer.

 

[jimntx]

Sure you can--particularly if you believe you have been discriminated against under any of the Civil Rights Acts coverages--age, race, sex, national origin, etc. However, in this case because of the RLA, I don't think the mechanic has followed the established methods for handling his grievance with the company and the union. I'm almost sure you have to go to binding arbitration in such cases. Besides, the suit against the company would probably have to be something like discrimination for some covered reason, and the suit against the union would be DFR (I'm guessing here). Don't see those two being handled in one court case.
Unless, the mechanic believes there was collusion between the company and the union in denying him the inspector job. Why should the union care who got it as long as someone in the union got promoted into the job?

 

[swamt]

Sure you can--particularly if you believe you have been discriminated against under any of the Civil Rights Acts coverages--age, race, sex, national origin, etc. However, in this case because of the RLA, I don't think the mechanic has followed the established methods for handling his grievance with the company and the union. I'm almost sure you have to go to binding arbitration in such cases. Besides, the suit against the company would probably have to be something like discrimination for some covered reason, and the suit against the union would be DFR (I'm guessing here). Don't see those two being handled in one court case.
Unless, the mechanic believes there was collusion between the company and the union in denying him the inspector job. Why should the union care who got it as long as someone in the union got promoted into the job?

Was told that the mechanic pulled law suit back after AMFA and Co. answered law suit with countersuit for attorney fees and other incursions inherited through defending the original suit. Easy come easy go I guess.

Jimntx, You are correct, I believe there are 3 or 4 more steps in the appeal process in the AMFA constitution that he did not follow.