PPRuNe Forums - View Single Post - BA Strike - Your Thoughts & Questions III
Old 3rd Nov 2010, 15:49
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Diplome
 
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The "money" paragraph:

Set against that are the disastrous consequences for BA which could ensue if this term were to be individually enforceable. It seems to me that they are so serious as to be unthinkable. By that I mean that if the parties had thought about the issue at the time of negotiation, they would have immediately have said it was not intended that section 7.1 could have the effect of enabling an individual or a small group of cabin crew members to bring a flight to a halt by refusing to work under complement. So, if I apply the rule by which a term of uncertain meaning is to be construed, that of asking what, objectively considered in the light of the factual matrix against which the agreement was made, the parties must be taken to have intended the provision to mean, I am driven to the conclusion that they did not mean this term to be individually enforceable. I accept that there are pointers towards individual enforceability but these are not conclusive. In the end, I think that the true construction of this term is that it was intended as an undertaking by the employer towards its cabin crew employees collectively and was intended partly to protect jobs and partly to protect the crews, collectively, against excessive demands in terms of work and effort. I think that it was intended to be binding only in honour, although it created a danger that, if breached, industrial action would follow.
emphasis added

The "what ifs" that precede this statement are simply background noise to the conclusion reach by all three judges regarding true construction.

...and I'm having a hard time believing that there is anyone out there that doesn't understand that Unite/BASSA will be paying BA's costs. No one could be so foolish as to misconstrue that award.
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