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Old 15th Oct 2009, 07:10
  #39 (permalink)  
Calibre hily
 
Join Date: Jan 2008
Location: Israel
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If what you've been waiting for is the day Tyler, Chen & Rhodes had to face the music for what they did in 2001, then fill your boots with the excellent cross-examination by Grossman S.C (for the 18 '49ers') on day 7 of the hearing.

It's 148 pages long and it's painful for them but bliss to read!

A taste, from an exchange between his Lordship and Rhodes:


HIS LORDSHIP: I understand your point, Mr Rhodes.
Again, the concern, I think, of Mr Grossman [for the 49ers] is this.
You have a crew controller saying, "This is a difficult
person, I remember such and such an incident, specific
incident". Normally fairness would at least require
that you listen to the other side, if you are going to
look at it objectively, and give the pilot concerned
a chance to explain, if there is explanation, about the
specific incidents referred to by the crew controller,
just to give the pilot some opportunity to explain his
side. That wasn't done.
Mr Grossman is saying, on that basis, can you really
say that it was a fair process, it was a rigorous review
procedure? I think that's what Mr Grossman is
questioning.

RHODES: Yes, sir.

HIS LORDSHIP: What do you say to that, Mr Rhodes?

RHODES: As I've said before, we could have chosen to level
a disciplinary charge against the individuals --

HIS LORDSHIP: I understand that point, Mr Rhodes, but that
sounds possibly even worse, Mr Grossman would say,
because what you're saying is, "Well, we can't prove it,
we don't really have any rigorous or even any real proof
about this, so we'll just get around the difficulty of
the disciplinary and grievance procedure by giving three
months' notice".

RHODES: Well, that, as I've tried to explain, is the entire
reason why the union and why many pilots felt that
having the sick-out and having contract compliance was
the perfect weapon to put pressure on the company,
because the company can't prove anything in
a disciplinary hearing.

HIS LORDSHIP: This was your response to that perfect
weapon?

RHODES: Well, the only response we have is to monitor their
behaviour and hope we would get a deal around the table,
and then the behaviour would all disappear overnight --

HIS LORDSHIP: But this dismissal of the 49 was your
response to the difficulties of proof raised by the
perfect weapon indulged in, engaged in, by the union?

To be continued....
Calibre hily is offline