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BA Strike - Your Thoughts & Questions IV

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BA Strike - Your Thoughts & Questions IV

Old 12th Feb 2011, 15:33
  #381 (permalink)  
 
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You mean these have all been continuation strikes? [That's half-joking, BTW].

I can see BA lawyers earning their money soon.
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Old 12th Feb 2011, 15:42
  #382 (permalink)  
 
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Quite frankly MPN11, I don't know

Whoso diggeth a pit shall fall therein. And he who rolls a stone, it will come back on him.
Proverbs 26:27
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Old 12th Feb 2011, 16:01
  #383 (permalink)  
 
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litebullbs

Regardless of what I think of the man, he is the head of a union with well over a million members. I think he should be on more.
I agree Len absolutely has a right to earn this wage from unite, but it does make him a hipocrite when he points the finger at Willie Walsh and his (also deserved) salary.
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Old 12th Feb 2011, 16:19
  #384 (permalink)  
 
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But if the first ballot was invalid, then how could the second ballot be a continuation?

I am intrigued as to why BA is allegedly claiming damages for the the strikes under the second ballot.
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Old 12th Feb 2011, 16:52
  #385 (permalink)  
 
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Because it's for the same reasons? Whether successfully implemented or not, the original ballot was for the same cause?

I don't know ... this is getting beyond my comprehension now!
Where does BOAC and BEA fit in?
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Old 12th Feb 2011, 17:04
  #386 (permalink)  
 
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Question to Ancient Observer

<I have solved much bigger disputes in the past by negotiation.........with communists, with the EETPU, (er, not communists) and with all shades of politics.> As a matter of curiosity did you encounter the late Mark Young, a former communist in the ETU? He subsequently became General Secretary of BALPA - and would have sorted this lot out to everyone's satisfaction ages ago? He certainly was good with the BEA and BOAC issues too!

Last edited by slast; 13th Feb 2011 at 13:03.
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Old 12th Feb 2011, 17:53
  #387 (permalink)  
 
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March 2011

11 British Airways (BA) v Unite The Union

The issue is trial of the matter that went before the Court of Appeal last May in the context of the injunction obtained against the second round of strikes at BA - that is, the requirement on a trade union to communicate the result to its members. It will be an unusual trial as Master of the Rolls Lord Neuberger agreed with BA back in May, while Lord Chief Justice Lord Judge agreed with Unite.
Claimant lawyers:
Baker & McKenzie partner John Evason instructed Devereux Chambersí Bruce Carr QC to lead Fountain Courtís Paul Gott.
Defendant lawyers:
Thompsons Solicitors partner Neil Johnson instructed Old Square Chambers John Hendy QC to lead Ben Cooper.
Hearing date: March.
Judge and court: TBC; Court of Appeal
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Old 12th Feb 2011, 18:44
  #388 (permalink)  
 
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Baggers

Estoppel,
Res Judicata,
Vexatious,
Discuss.
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Old 12th Feb 2011, 18:54
  #389 (permalink)  
 
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I'm surprised they are taking a case on this point.

But the quid pro quo is that if Unite and its branches aren't prepared to act and negotiate in good faith, I can see why BA is pursuing all avenues available to it.
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Old 12th Feb 2011, 19:14
  #390 (permalink)  
 
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Presumably BA is forcing a funding problem upon Unite.

Unite is able by special levies to raise funds for "striking mums".

But it is difficult to get levies from the ordinary membership to enable "overpaid" members of the legal fraternity to dress up with curly wigs and ceremonially split each others hairs.
________________________________________________

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Old 12th Feb 2011, 19:21
  #391 (permalink)  
 
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notlangley

I am shocked and surprised that it is not the other way round. It was not too long ago, that the UK's flag carrier was on the brink of extinction..........
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Old 12th Feb 2011, 19:59
  #392 (permalink)  
 
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Can a strike be declared unlawful after the fact, due to subsequent court actions?
Yes. Absolutely. When BA goes to court to seek an injunction the only determines on the balance of convenience whether the case is worthy of granting an injunction to block the strike (and the significant financial losses that arise from it) before the issue is addressed in full by the courts.

When BA obtained an injunction against the first strike ballot there was no need to address the issue in full before the courts because Unite reballoted.

As said above, in one sense I am surprised BA is taking the case to a full hearing. It should not be spending its shareholders money on pursuing frivolous claims, but if they believe they have a case to claim damages, they arguably have an obligation to pursue the case.

Last edited by LD12986; 12th Feb 2011 at 20:17.
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Old 12th Feb 2011, 20:12
  #393 (permalink)  
 
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LD12968

I am sure I have read something on this, but the Blue Nun is making things a bit fuzzy tonight.
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Old 12th Feb 2011, 21:05
  #394 (permalink)  
 
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Litebulbs

Is that the new formula Blue Nun about which I was reading the other day?

Personally I've just finished enjoying eating my dessert accompanied by a couple of (small) glasses of D'Alexandrie red muscat from the Constantia Uitsig estate in Cape Town. They slipped down very well.

The only thing spoiling my enjoyment is the thought of the amount of money that the legal leeches are making from this dispute. They even manage to make the bankers look squeaky clean!
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Old 12th Feb 2011, 22:02
  #395 (permalink)  
 
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It is entirely possible that BA continuing the action has a slightly different aim.

BASSA appear to be the stumbling block for both UNITE and BA, in their eyes at least. BA can only negotiate with UNITE but UNITE cannot be trusted to deliver a viable deal in the eys of BA.

BA could continue with the case and get approval to recover costs from UNITE. As BASSA is 'ringfenced' as a seperate company (or so I believe) then BA can seek redress and have the BASSA branch effectively put out of business without affecting UNITE. Existing union members are largely unaffected but can either join UNITE or PCCC.

UNITE can then negotiate for a peaceful solution and give all members a vote on what to do, after encouraging all those who may have left BASSA to rejoin UNITE and outvote the entrenched die-hards.

In theory at least - nobody gets sacked, and a compromise is reached. UNITE is then 'united' and in a better position to speak for the majority who do not wish to strike.

I am still flying BA on short haul and have thus far not seen any bad behaviour towards us SLF.
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Old 13th Feb 2011, 06:30
  #396 (permalink)  
 
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Some quotes from that Court case in May 2010

The Lord Chief Justice said
It must be resolved by negotiation. Legal processes do not constitute mediation. To the contrary, they often serve to inflame rather than to mollify the feelings of those involved as they are in this case.
Lady Justice Smith said
I consider that the policy of this part of the Act is not to create a series of traps or hurdles for the Union to negotiate. It is to ensure fair dealing between employer and Union and to ensure a fair, open and democratic ballot.
and Lady Justice Smith went on to say
If it were not so, the rights of workers to withhold their labour would be seriously undermined.
However the third Judge - The Master of the Rolls - said enough IMO to encourage BA to take the case farther.
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Old 13th Feb 2011, 07:39
  #397 (permalink)  
 
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I am still flying BA on short haul and have thus far not seen any bad behaviour towards us SLF.
I should think not. These people are supposed to be professional, whatever that means these days.
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Old 13th Feb 2011, 13:06
  #398 (permalink)  
 
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DH on Radio today

Have just heard that Duncan Holley will be giving an interview to Simon Calder on LBC 97.3 today at 1400

If you dont live in the London area you can listen on SKY channel 0112
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Old 13th Feb 2011, 15:30
  #399 (permalink)  
 
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So what did he say?
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Old 13th Feb 2011, 15:40
  #400 (permalink)  
 
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BASSA Ltd

Although setting up a Ltd Liability Company might be seen as a way of protecting funds, I would assume that unless the BASSA constitution already included a provisison for officers to do such a thing without agreement of the members, transferring existing funds, and any further subscriptions to the Ltd would be criminally illegal. Essentially a Union or a branch thereof is an entity with the members jointly and severally responsible for the shared liability, so all of the members would have to be given the option to vote on such a change of structure.

Has anybody actually checked on the identity of the directors, the shareholders, etc of this new company ? And more importantly, have the members of BASSA even been told officially of its existence, and if not why not ?
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