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unionization of pilots

$15-25 USD / hour

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Publicado hace casi 2 años

$15-25 USD / hour

7. You are a union representative for an airline's pilots. The company's check airmen were found by the NMB to be labor" (rather than "management ") and are now union members. You know that all the check airmen were strongly opposed to unionization of the pilots and lobbied the other pilots vigorously to try to convince them to vote against the union when the election was held. You know that they are still opposed to the union and continually "bad-mouth" it. The union is now in the process of negotiating a new contract with the airline, and it occurs to you that you now have the opportunity to get back at these check airmen for their anti-union activities by trading off some of their pay and benefits in contract negotiations. Would that be legal? Explain .
ID del proyecto: 34253158

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15 propuestas
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Activo hace 2 años

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No. That would not be legal pursuant to the general rules of a CBA that it is prohibited for any agreements that is contrary to any local or federal law. While it be true that the check airmen are now considered as union members, and labor unions possess inherent rights to address grievances and disputes related to labor practices, employment and conditions, Collective Bargaining Agreements require its union members to initiate a collective bargaining process in good faith and just cause. In the case at bar, using CBA as scapegoat for anti-union activities that was contrary to law raises a defect on its validity and thus should be ruled out to be void for not having just representation where it involves good faith and best interests in addressing grievances. Jurisprudence provide, that a law providing explicit rights to people especially the right to assembly and form unions cannot be used as a blanket to conceal any unlawful acts or interest, nor can anyone exploit and seek comfort behind statutory provisions to get away with ill motives. Hence, not meeting the essential requisites of a CBA and bargaining process, should thus be held illegal. I think that if I'd fit in this particular job since I am a Junior Law student here in one of the best University here in Philippines. I assure you I will do my best to extract information, digging deeper as to what case laws and statutes would apply.
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