5 ms·

> That's a pretty nice piece of leverage to have in hand while negotiating a settlement. Isn't that how things usually work? If one party does something illega

by seoaeu 6y ago

> That's a pretty nice piece of leverage to have in hand while negotiating a settlement. Isn't that how things usually work? If one party does something illegal, then the other can offer a settlement using the threat of other legal action as leverage?

tyingq 6y ago
I think it's a pretty unusual situation in an unlawful termination negotiation, yes. That is: having a piece of paper in hand, from the Federal government, undeniably saying government intervention will happen if a settlement isn't reached. I believe this particular settlement, especially the one for Costa (based on Principal title and 15 years tenure), is going to be a very big number. It's also terrible timing for Amazon with all the anti-trust sentiment and gaffes in the warehouse union situation. I imagine they really want this to go away.
- GavinMcG 6y ago
  When you file a lawsuit, you get a summons to serve on the other party. That is "a piece of paper, from the government, undeniably saying government intervention will happen if a settlement isn't reached." The government intervention is in the form of a legal proceeding. But the summons certainly doesn't mean the government/judicial system has made up its mind about the substance of the suit! Same here: the government intervention is in the form of a legal proceeding, it's just one that takes place within NLRB channels rather than in the judicial system. It doesn't mean the NLRB has made up its mind about whether a ULP was committed.
  - tyingq 6y ago
    It's a very specialized venue as opposed to a regular court, and the NLRB is able to take quite a lot of action without a trial or court proceeding, as well as to take a very specific position on the matter. They also very regularly reject claims. It's not the same thing, it isn't an impartial judicial process. It's more similar to, say, the FTC.

by seoaeu 6y ago

tyingq 6y ago

I think it's a pretty unusual situation in an unlawful termination negotiation, yes. That is: having a piece of paper in hand, from the Federal government, undeniably saying government intervention will happen if a settlement isn't reached. I believe this particular settlement, especially the one for Costa (based on Principal title and 15 years tenure), is going to be a very big number. It's also terrible timing for Amazon with all the anti-trust sentiment and gaffes in the warehouse union situation. I imagine they really want this to go away.

GavinMcG 6y ago
When you file a lawsuit, you get a summons to serve on the other party. That is "a piece of paper, from the government, undeniably saying government intervention will happen if a settlement isn't reached." The government intervention is in the form of a legal proceeding. But the summons certainly doesn't mean the government/judicial system has made up its mind about the substance of the suit! Same here: the government intervention is in the form of a legal proceeding, it's just one that takes place within NLRB channels rather than in the judicial system. It doesn't mean the NLRB has made up its mind about whether a ULP was committed.
- tyingq 6y ago
  It's a very specialized venue as opposed to a regular court, and the NLRB is able to take quite a lot of action without a trial or court proceeding, as well as to take a very specific position on the matter. They also very regularly reject claims. It's not the same thing, it isn't an impartial judicial process. It's more similar to, say, the FTC.