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Old 30th Jul 2010, 09:01
  #930 (permalink)  
AlpineSkier
 
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@Safety Control

On the other thread you have said numerous times that it is not unlawful to strike.

It has also been written oft, that it is not unlawful for a company to remove a perk, so we obviously have two conflicting laws: a situation that can only be resolved by a judge.

I think it very unlikely that UNITE will go to court because:

1) WW has offered to re-instate ST (without seniority) and I don't believe
that the courts will descend to ruling on the minutiae of whether an ST
user is likely to get a seat or not.
2) The union doesn't want to risk its funds on a long-shot.
3) They might fear that the ruling could go against them and create new,
explicit case-law that would allow this action in other disputes.

No 3) strikes me as being a similar situation to The War Powers Act in the US where Congress disputes the circumstances under which the President can declare war, but won't take it to court because they fear losing and broadening his powers.

On another point, can any one say if BA sought costs for the cases they won and if they didn't, are there any BA insiders, who would care to specualte why not ?
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