The NMB wasn't going to release them "for a long time" regardless of this 'strike tactic'.
True. The IBT is notoriously awful at working with the NMB, and this stunt is a perfect example of why the IBT finds it so difficult to get anything done with the Board.
This isn't about a strike, it's about defending Status Quo with a company that's clearly violating it and currently thumbing their nose at a judge who has decreed that they are violating it.
Oh, I very much agree that it needs to be defended. It's just being defended in the wrong way. The way to handle this is to let the judge do what judges do. Not by going rogue.
By drastically changing Status Quo, the negotiations were permanently harmed by readjusting the baseline.
That's patently false. The Board is not composed of three morons. These are very intelligent people, and they know what the baseline for bargaining is. Management isn't "tricking" them by unilaterally changing the status quo.
By fomenting strike talk, the IBT has forced the issue back into the courts where they should reasonably be allowed to argue that withdrawal of services is the ultimate antithesis of Status Quo and what's good for the goose is good for the gander.
The IBT could have gotten back into court without fomenting strike talk. The company is violating the judge's orders. That's enough to get back into court.
By the way, the judge who ruled in favor of the temporary restraining order has transferred the case for injunction to Judge Gordon of the same district court......the same Judge Gordon who issued the Status Quo ruling against Allegiant 9 months ago. How happy do you think he will be to have a plaintiff who has been ignoring his orders.
Oh, I'm sure he's not happy with them, which is why I suspect that he'll find them in contempt. He may require them to pay damages to the IBT, in fact. But I've got a round of drinks at NJC that says he won't allow you to strike.
I actually think it's an out of the box solution to a problem of a status quo breach that's been going on for 2 and a half years without resolve. An added benefit is a solid show of unity by the pilots with a overwhelming strike vote, and some practice for the strike commitee.
As I said previously, the problem here is short-sighted focus instead of focusing on the overall objectives. Showing unity and giving the strike committee practice are not your ultimate goals. Doing anything that doesn't serve your ultimate goals is a mistake. The ultimate goals, ostensibly, are to reach a fair CBA and to have it enforced. This action is contrary to achieving those goals. Here's why:
Your best case scenario is that the judge has a lot to drink the night before the hearing and actually grants you the right to strike. If he does that, he's giving you the right to strike
until the status quo is restored. That bolded part is very important to remember. If the judge issues a ruling giving you the right to strike, the company's attorney can walk across the room, hand your attorneys a letter saying that the status quo is immediately restored, and your strike never happens. Victory, right? Nope. Because now the NMB is pissed. They put you on ice, or at the very least give you only very sporadic bargaining sessions. Now the company has what they ultimately want: no new CBA with increased costs.
You see, the company is doing the smart thing. They've planned this ahead 10 steps, while you're only looking at the step right in front of you. They've created a situation where they can't lose. If the judge rules in their favor, then you can't strike and the NMB is still pissed off. If the judge rules in your favor, all they have to do is go back to doing things the way they used to be done and they short-circuit your strike, but the NMB is still pissed off at you. No matter what happens in court, the company wins. This is the difference between strategy and reaction. The IBT is reacting. The company is engaging in careful strategy.