Hypothetical:
GIVEN:
1) Two individuals work at the same Union represented company; one is in his mid forties with over twenty years seniority and the other is over fifty with fifteen years seniority; and,
2) The Union represented individual, under fifty, with over twenty years of seniority loses his retiree medical benefits while the Union represented individual over fifty with less than twenty years seniority keeps his; and,
3) Bob Owens has stated that the average age of the TWU M&R Member is in their late 40's.
QUESTION(S):
1) Inclusive of the fact that we are negotiated labor under the RLA, and the TWU International, not the Membership, owns the CBA but is forced to pay some portion of their earnings to the TWU as a condition of employment at AA: how is the result of this TA between AA/TWU not evidence of collusion to engage in age discrimination given the fact that age was the criteria for exclusion of a contractual benefit rather than years of company service?: and/or,
2) Does anyone smell a RICO violation, fraud, when coupled with the fact that the TA contemplates refunding the Retiree Medical Pre-Funding to the TWU based on ongoing negotiations between AA and the TWU, that are not part of the CBA and that were never contractually obligated by any CBA rather than being paid out to the individual Union Member?
Thoughts?