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Old 23rd Nov 2016, 13:54   #1 (permalink)
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ABX Pilots Strike

FYI. There seems to be some dispute over the legality of the strike (above my pay grade) but sounds like the crews had been squeezed hard:

Pilots Strike at ABX Air: Approximately 75 flights canceled
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Old 23rd Nov 2016, 22:07   #2 (permalink)
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https://www.bloomberg.com/news/artic...uring-holidays
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Old 24th Nov 2016, 00:45   #3 (permalink)
 
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Judge issued a Temporary Restraining Order today so the strike is over for now. Some of the other carriers operating for DHL were honoring the picket lines so DHL's North America operations were shut down. Airline contracts in the US fall under the Railway Labor Act since disruptions of service can affect the US economy. Normally disputes are mediated or arbitrated while the planes keep flying. Not sure how long the TRO is valid for but a bunch of lawyers will be making a bunch of money this weekend.
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Old 24th Nov 2016, 01:05   #4 (permalink)
 
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Looks like the judge didn't buy the status quo strike claim of the IBT. The company dropped off a check for $475,000 late this afternoon and the strike is over for now and maybe forever.

A couple of excerpts from the temporary restraining order:

Quote:
C. Harm to Others and the Public Interest

The public expects that purchases and shipments will be delivered in a timely fashion. Accordingly, there is a significant public interest in enjoining Defendants’ strike. Absent an injunction, ABX, its customers, and the public will suffer immediate, irreparable harm. Imagine Christmas without Amazon!

There is no evidence that Plaintiff is violating the status quo pursuant to the terms of the CBA. Accordingly, there is no evidence that Defendants will be injured by enjoining the strike.
Quote:
IV. CONCLUSION

For these reasons, Plaintiff’s motion for a temporary restraining order (Doc. 4) is GRANTED. Specifically, Defendants and its members are prohibited from authorizing, causing, engaging in, sanctioning, or assisting in any work stoppage or strike of ABX’s operations. The strike shall cease immediately upon the docketing of this Order and the Plaintiff’s docketing of a supersedeas bond or cash in the amount of $475,000.

IT IS SO ORDERED.

Date: 11/23/16 s/ Timothy S. Black
Timothy S. Black
United States District Judge
Full TRO posted here: https://drive.google.com/file/d/0B6R...9mNWFWNkE/view

Last edited by Airbubba; 24th Nov 2016 at 01:59.
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Old 24th Nov 2016, 02:14   #5 (permalink)
 
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All pilots that belong to Teamsters 1224 honored this strike.
Southern Air, ABX, Kalitta Air, Kalitta Charters, Atlas Polar.
DHL stopped all flying sorry If I missed one here.
Now good question why did this judge approved strike before and now said illegal?
Companies looking as this big win slap the pilots pilots in the face.
Teamsters useless instead of trying to do the correct thing and increase pay and benefits.
Time for companies to say we need to look at this and not profit margins anymore.
Without us they are dead in the water and many more issues in the future.
Duty times , cargo carve out, they think we are not important.
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Old 24th Nov 2016, 20:15   #6 (permalink)
 
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The judge did not approve the the strike. The Teamsters claimed that the company's actions during negotiations changed the status que and therefore the pilots could strike. The company claimed that the strike would cause them "irreparable harm." And the judge found in the company's favor. Along with the idea that the public would suffer irreparable harm. As the judge said, "Imagine Christmas without Amazon!"

And how are the Teamsters supposed to increase pay and benefits? They are in negotiations with the company. Welcome to the Railway Labor Act. They meet with the company and propose something. The company says "No. We'll continue this next month." That's why airline contract negotiations in the US go on for years and years.

Companies exist for profit margins. The question is over what time span?
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Old 24th Nov 2016, 21:07   #7 (permalink)
 
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Quote:
Looks like the judge didn't buy the status quo strike claim of the IBT.
True in ONE of the 3 issues - the judge decided the "D6 Day dispute" was a "minor dispute". On the other 2 (Day-Night Transition Rules and Vacation Time), the company promised to fix them immediately. Whether or not the judge would consider either of those 2 claims a "major dispute" is still open.
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Old 27th Nov 2016, 05:35   #8 (permalink)
 
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Yes typo on my part.
Teamsters fighting for pay increases.
Now I read in the news that this temporary restraining order is 5 days only to end strike.
That would expire on Monday.
Whats up next?
How long does companies expect pilots to accept the excuse we cant agree and then mediation stalls also?
This game has been played far too long.
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Old 27th Nov 2016, 05:58   #9 (permalink)
 
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Here is the link I found the 5 day limit on the TRO.
Amazon, DHL delivery pilots to be ordered to end strike | The Seattle Times
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Old 27th Nov 2016, 09:37   #10 (permalink)
 
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So on Monday if the company can show they have taken action to correct the Day-Night issue and the Vacation Time issue everything will be OK in the court's vision. The D6 problem has been ruled a "minor" issue which will be arbitrated at some later date.

The company will hope they can extend negotiations forever. Every day operated under the current contract is money saved by the company. Without an immediate threat to an airline's operations they have ZERO motivation to negotiate a new contract.
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Old 7th Dec 2016, 23:33   #11 (permalink)
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Well, this is gettin' ugly:

Amazon suspends ABX Air ops as strike threat remains - ch-aviation.com
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Old 8th Dec 2016, 17:48   #12 (permalink)
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Preliminary injunction issued by judge:


AviTrader ? Preliminary injunction issued in ABX Air labor matter
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Old 9th Dec 2016, 00:45   #13 (permalink)
 
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One wonders if the judge in question had his working hours increased , lost vacation and conditions changed unilaterally for the worse if he would call that a minor change to his terms and conditions. Is it possible that he received a phone call and / or a brown envelope to assist him in his decision to favour big business at the expense of the employee ? What a sad state the US aviation labour market has become when big business can collude with judicial / political entities to advantage themselves.
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Old 9th Dec 2016, 19:29   #14 (permalink)
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6000PIC,

I'm no lawyer but feel reasonably confident in saying that the circumstances under which airline employees can legally act against an employer are rather specifically defined by the Railway Labor Act. The judge determined the ABX pilots had not acted in compliance with that law. The judge's personal feelings aren't SUPPOSED to enter into the determination.

This avoids mob rule. We're allegedly a country where rule of law prevails vs rule of the mob.

I think I recall AA and DL pilot groups getting in rather serious trouble for "taking the law in their own hands" in a moment of pique.

I'm certainly in the camp of the ABX pilots.

Last edited by bafanguy; 9th Dec 2016 at 22:13.
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Old 9th Dec 2016, 23:51   #15 (permalink)
 
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Actually, the RLA has very little specificity. Most of the "rules" are embodied in case law (court decisions). That is why the judge only ruled specifically that ONE of the 3 issues in the ABX case constituted a "minor dispute". He was silent on the other 2 issues, because the company promised to fix them immediately. If the company had failed to do so, the ABX pilots MAY have been able to resume the strike, absent a further ruling.

I can only assume that by issuing the preliminary injunction, the judge was satisfied that those 2 issues were, in fact, fixed.
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Old 10th Dec 2016, 11:04   #16 (permalink)
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"Actually, the RLA has very little specificity. Most of the "rules" are embodied in case law (court decisions). "

Intruder,

Sloppy language on my part. I should've said "based on/guided by" which would take into account case law.

The point being the RLA doesn't allow vigilantism.

Last edited by bafanguy; 10th Dec 2016 at 22:34.
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Old 17th Dec 2016, 15:30   #17 (permalink)
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Kinda interesting:

Can Amazon Deliver? | The Truth About Prime Air
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Old 19th Dec 2016, 05:08   #18 (permalink)
 
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Well best answer to this is easy.
Improve the salary and conditions.
Can you blame pilots for jumping ship for better airlines?
If you was garbage collector making 15 usd per hour.
Established trash collector with better contract said 20 usd an hour.
What would you do?
Then look at the profit for airline and managers, this is not selling toothbrushes.
You have to pay the salesman.
Cant keep all in pocket as salesman does all the work same as pilots.
Some how management never gets it,
Profit lost fighting salesman/pilot would never equal profit gained if salesman paid correctly and in line with program.
Profit would increase dramatically.
Salesman stops selling all gone, pilot stops flying the same.
Hope some management reading this.
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Old 19th Dec 2016, 05:52   #19 (permalink)
 
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Then management along with sales toothbrush ones .
Come fly with us on our rotations.
Miss all holidays, miss your daughters graduation then tell us all that we are wrong just to support your sales and are wrong to say enough.
Without us you would have no job, better get a reality check here!
We are not your slaves,
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