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British Airways - CC Industrial Relations Mk V

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British Airways - CC Industrial Relations Mk V

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Old 6th Jan 2010, 17:13
  #1281 (permalink)  
 
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Acient Observer, it is my understanding that for a company to do that they would have to declare bankruptcy and start all over.
Nope, to take the circle fully round to what was discussed months ago the company only needs to prove that continuation would lead to the possible collapse of the company if restructuring were not undertaken.

If the company can prove that its ability to continue trading, unless working practices and conditions that are imposed remain, is impaired then they can legally take action to ensure the survival of the company if attempts to negotiate with the workforce fail.

Its your call.

BASSA has failed to negotiate. The ball is firmly in BA's court at the moment!
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Old 6th Jan 2010, 17:15
  #1282 (permalink)  
 
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@ romans44 ...

If it was all that simple why would the comapny put all our costumers through a strike threat, a high court and now a new ballot with a possible strike in February?
Excuse me?
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Old 6th Jan 2010, 17:18
  #1283 (permalink)  
 
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@ hotwings ...
BA short haul is like a different company! Lots of keen, hardworking and friendly crew. Typically, the BASSA fat cats will offer EF as a sacrificial lamb so that the salad dodging WW CSD reps can continue with their corrupt rostering system.
I can't comment on the detail, other than I have never had anything other than excellent service on Domestic and European sectors.
I have never had anything resembling J-class service LHR-IAD.

"Box on"
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Old 6th Jan 2010, 17:18
  #1284 (permalink)  
 
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Latest from CF (my bold) -

I have been informed that BA asked lalalady today for implementation of the disruption agreement. She refused. BA have ignored procedures and now IMPOSED the disruption agreement.


Please note that the message put out on the BASSA site this morning that we should be working to our agreements despite the weather still stands. There should be no leaving base one down. We must stand by our agreements.


There will be more to follow from BASSA branch of Unite shortly.
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Old 6th Jan 2010, 17:22
  #1285 (permalink)  
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He means the original strike date - 22 December 09.
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Old 6th Jan 2010, 17:27
  #1286 (permalink)  
 
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Possibly ... does nobody in BASSA do any forward planning?
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Old 6th Jan 2010, 17:31
  #1287 (permalink)  
 
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It is the law...simples eeh

wobble2plank Wrote:

If the company can prove that its ability to continue trading, unless working practices and conditions that are imposed remain, is impaired then they can legally take action to ensure the survival of the company if attempts to negotiate with the workforce fail.
This section on industrial law is reasonably clear and there are precedants. As previously stated, I am concerned that there is an attitude within BASSA that could be summed up as:

"I have made up my mind, don't confuse me with the facts"

I am going to get back to paid legal work now and wish you all well.

"simples...compare the cc job meerkat.com"
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Old 6th Jan 2010, 17:37
  #1288 (permalink)  
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BA have ignored procedures and now IMPOSED the disruption agreement.
Does that make it the disruption disagreement? I'm going to enjoy watching BASSA complain about that and get taken apart in the media.

Presumably as the disruption agreement is now in force as far as BA is concerned anyone not complying will join the Sandown 20.
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Old 6th Jan 2010, 17:42
  #1289 (permalink)  
 
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Originally Posted by Hotel Mode
I'm going to enjoy watching BASSA complain
Its started already!


Dear BA,

Go fu*k yourselves and take your disruption agreement with you.

It has to be jointly agreed.Due to the fact you have treated both your crew and union reps with such contempt,you ignored our 92% YES vote,oh yes and IMPOSED,yes IMPOSED reduced crewing levels because you have NO ABILITY TO NEGOGIATE .

So in short,bollo*ks to you!!.
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Old 6th Jan 2010, 17:43
  #1290 (permalink)  
 
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Rover90, my question to you is why have they not done it?
You make it sounds like it would be an easy thing to do, I don't think it is.
It is my understanding, though I am not sure, that for a company to be able to do something like that they would have to declare bancruptcy, which would mean given up all LHR slots.
Look at the post office?
Were people fired or remployed under new contracts?
All the post office managed to do was to draft people in to help out, which is something they do every xmas..
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Old 6th Jan 2010, 17:49
  #1291 (permalink)  
 
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A Company (any - not just BA) CAN change your contracts providing enough notice is given without having to declare bankruptcy.

Providing the contractual changes are reasonable, the employee has a reduced chance to claim compensation in an Industrial Tribunal. It will be up to the Industrial Tribunal to establish whether the changes were reasonable or not.

When contracts are changed, it is up to the employee to decide to accept these changes or walk away and claim constructive dismissal.
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Old 6th Jan 2010, 17:54
  #1292 (permalink)  
 
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@ Meal Chucker ... is that "debate" on Crew Forum or the BASSA website?
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Old 6th Jan 2010, 17:55
  #1293 (permalink)  
 
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termination of contract

Romans wrote:

my question to you is why have they not done it?
You are asking me why British Airways have not done it. I am not privy to their decisions but I can assure you that it is an option without declaring bankrupcy.

It has been churned over many times on this forum and the near universal view is agreement with my assertion.

Apologies to the other members for airing this topic again but there seems to be uncertainty in some quarters.
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Old 6th Jan 2010, 17:57
  #1294 (permalink)  
 
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@ Meal Chucker ... is that "debate" on Crew Forum or the BASSA website?
More of a rant on Crew Forum!
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Old 6th Jan 2010, 17:58
  #1295 (permalink)  
 
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@ Interlog ...
When contracts are changed, it is up to the employee to decide to accept these changes or walk away and claim constructive dismissal.
Yes, and that happened to my son today. He'd taken good HR legal advice, the company wanted to cut his pay [they're feeling the recession too] and he's thus heading for the door in 3 months.

No problem ... you don't like your employer, you go somewhere else.

What you DON'T do is disrupt the company, inconvenience the paying customers and potentially put tens of thousands of people out of work. I cannot see ANY morality in that, only selfishness.
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Old 6th Jan 2010, 18:04
  #1296 (permalink)  
 
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Just to add, for a Company to change contracts they would have sought legal advice first to establish if such changes would result in people not accepting and then claiming successful constructive dismissal.
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Old 6th Jan 2010, 18:10
  #1297 (permalink)  
 
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This is employment law

Many thanks to interlog

Providing the contractual changes are reasonable, the employee has a reduced chance to claim compensation in an Industrial Tribunal. It will be up to the Industrial Tribunal to establish whether the changes were reasonable or not.

When contracts are changed, it is up to the employee to decide to accept these changes or walk away and claim constructive dismissal.
Thank you for the confirmation. It is the law and, as such, is an instrument available to any employer.

Perhaps a BASSA representative will now actually tell everyone why this cannot happen and not:

"it won't happen because they haven't done it yet".
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Old 6th Jan 2010, 18:11
  #1298 (permalink)  
 
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Ottergirl:
As for LHR being treated as a guaranteed break in a duty day, there has to be a guaranteed break somewhere so where better than our base LHR.
Actually I think you will find that is an Industrial Agreement and not a legal requirement.

You need to be careful and separate out the Legal (non-debatable) from the Industrial (can be changed).

This LHR EF Agreement is one of the things hamstringing the company in rostering more efficiently in EF.

Ask yourself a question; what is the difference between CC doing a LHR-ARN-LHR trip with doing ARN-LHR-ARN? The answer is archaic industrial agreements, the type of which have no place in the 21st Century.
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Old 6th Jan 2010, 18:20
  #1299 (permalink)  
 
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Just to add, for a Company to change contracts they would have sought legal advice first to establish if such changes would result in people not accepting and then claiming successful constructive dismissal.
Thanks interlog, I wonder if that is the reason why they have not done anything about.
and yes it is true that the company can change contracts but it can not be done overnite. They need to give 90 days notice.....
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Old 6th Jan 2010, 18:29
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Roman,

That is correct... proving the contracual notice has been given.

As to:

It is my understanding, though I am not sure, that for a company to be able to do something like that they would have to declare bancruptcy
Remember that a Company cannot just declare itself bankrupt like that. It must have financial reasons to do so.

In the event of bankruptcy, your contract of employment is terminated and with a Company starting again you would have a new contract.

A change of contract doesn't equal termination of employment.
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