Originally Posted by Litebulbs
Ok, win is not a word that should have been used, unless coupled with "- win".
With regard to the whole point of the court hearing, the end result is black and white, either contractual or not. If it is non contractual, then BA are already halfway to their end game. If it is, then they owe existing crew quite a substantial amount of money. That gives Unite stronger bargaining power to protect against any future changes.
I'm sorry, but I'm going to have to disagree with you again (although it is nice to be able to have a sensible debate about these things without descending in to the " you must hate all crew " or " you failed your CC selection")
Anyway, the way I see it, and it is only a considered opinion is as follows;
It may be a win-win, but it will be a win-win for BA only at this point.
a) If it is not contractual, BASSA look like idiots, BA are free to continue, and the strike looks more and more ridiculous. BA can pursue Unite/Bassa for costs, members loose faith, Malone & Co lose face, and BA have the upper hand in terms of
PR etc, the momentum is on their side. You will be striking over something (although not the issue directly) that has been shown to be legal. Yes, it was still imposed, but it was legal. A tough call just got tougher, and the wavering crew will come down firmly on the 'turn up to work' side I reckon, especially those wanting their staff travel.
b) If it is contractual, BA are now in the position where they are required to recruit about 1000 people and pay tens of £millions in 1 down payments (I think last time someone calculated it it came to about £4 or 5k per LHR-WW crew member, don't know the answer, but it is a lot.) Now, BA have some options
- Pay up and come back to the negotiating table with their tail between their legs - not going to happen. They can't afford to. Literally.
- Pay up and recruit 1000 new people on to New Fleet; They will be swamped with applications from ex Virgin, BMI, Globespan crew. This will a) Send a very powerful message and b) Allow them to start recouping costs by flying the New Fleet exclusively on the highest paying routes. Meanwhile they will issue a 90 day change of contract to existing crew writing in the new crewing levels, or their ability to change them at will. All the 'protections' that were offered to existing crew are off the table. Prepare to have anything that isn't contractual decimated. Hotels etc will be just the tip of the iceberg.
- The nuclear option. Delay paying up while they appeal and appeal and appeal (see the Holiday Pay case, still going on after years) On the same day, issue 90 days notice to all crew, and offer them a new contract which has the new crewing levels on it and probably a new disruption agreement, and some tinkering with EF productivity.
- The thermonuclear option. Issue notice to all crew to re-apply for their old jobs on very similar terms, agree to not strike with the alternative being 90 days notice of New Fleet contracts. Seniority is re-started, with the person who re-applies first becoming no1 on the list, and so on. Stand back and watch the stampede.
What I really do
not see happening is BASSA coming out any better off as a result of this court case. They are either going to lose and have to try and get some face saving measure, or win, and really force BAs hand, and that is not something that is going to be good for cabin crew.
However, I am standing by to have my opinion changed by some well reasoned argument (seriously - I am open minded and willing to be persuaded by some clear thinking and logic - I am in the fortunate position of not having to nail my colours to the mast and risk my career directly by having to have blind faith in one camp or the other)