Typical MSM headlines:
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Yet why is Southwest filing this injunction?
Fortunately for the MSM they can spin this narrative because it would be retarded for any pilot union to acknowledge an actual sickout or strike due to the Railway Labor Act. A Quick highlight on collective bargaining in the RLA I got off some legal website.
Definition of Major Dispute. Major disputes involve the creation or changing of collective bargaining
agreements on rates of pay, work rules and working conditions, and are subject to conciliation procedures
that are purposely long and drawn-out. Unlike other industries, collective bargaining agreements under
the RLA do not expire on certain dates, but remain in full force and effect until changed in accordance
with the procedures of the RLA.
RLA Bargaining Procedures. The RLA's procedural steps for major disputes are as follows:
- A party desiring to effect a change of rates of pay, work rules, or working conditions must give advance
written notice (so called "Section 6 notices").
- The parties must confer, and if they fail to resolve the dispute, either or both may invoke the services of
the NMB. The NMB may also offer its services if it finds a labor emergency to exist.
- The NMB can keep the parties in mediation indefinitely, so long as it feels there is a reasonable
prospect for settlement. However, if mediation fails, the NMB must endeavor to induce the parties to
submit the controversy to binding arbitration, which can take place, however, only if both consent.
- If arbitration is rejected, the parties must maintain the status quo for a 30-day period. If the NMB
determines that the dispute threatens "substantially to interrupt interstate commerce to a degree such as
to deprive any section of the country of essential transportation service," the NMB shall notify the
President, who may create a PEB to investigate the dispute for a 30-day period and issue non-binding
recommendations for resolving the dispute. The parties typically agree to PEB requests for extensions of
time to further study a dispute. The last stages of the conciliation procedures differ slightly for publicly
funded and operated rail commuter carriers.
- While the dispute is working its way through these stages, and for an additional 30 days following the
issuance of the PEB's report, the parties must maintain the status quo , and cannot utilize self-help
measures. Although not specifically provided for in the RLA, the NMB typically works with the parties to
try to induce a last-minute settlement or voluntary extension of the status quo.
- If, after the final 30-day status quo period has expired, a settlement has not been reached, the parties
are free to resort to self-help and cannot be enjoined from doing so.
While it's not impossible for them to strike legally, pilots I know who work for companies other than Southwest bitch all the time about their unions, how inept and useless the unions are, and the fact that they cant take matters into their own hands and just strike.