Originally Posted by
J.O.
I was only trying to raise the reasoning for the injunction based on the rules around strike action. I get that they'd rather not take formal strike action, their problem is in what is interpreted as strike action under the labour laws.
Under the Railway Labor Act the parties are supposed to maintain the
status quo during contract negotiations. The alleged work slowdown is, like a strike, a type of 'job action' but is legally different from a strike. But it does represent a violation of the
status quo requirement if the judge acknowledges the open time and JA ban as an illegal work slowdown. Or, something like that. Around contract time there will be no shortage of geniuses available online to explain this stuff to a layman like me.
From the suit filed in District Court by Spirit:
The pilots are engaged in this illegal slowdown in order to bring pressure on Spirit during current negotiations for an amended collective bargaining agreement pursuant to Section 6 of the Railway Labor Act (“RLA”), 45 U.S.C. §151 et seq.
This slowdown is in direct violation of the RLA, which prohibits work slowdowns and strikes during collective bargaining negotiations, as expressly recognized by a series of court decisions, including by this Circuit in Delta Air Lines v. Air Line Pilots Association, International, 238 F.3d 1300 (11th Cir. 2001). Spirit has asked ALPA to fulfill its legal obligation under the RLA to take all necessary steps to end this illegal slowdown, but the union has failed effectively to do so.
Spirit therefore asks this Court to issue a temporary restraining order and preliminary injunction compelling an immediate end to this illegal work slowdown.