Let's be honest here. USAPA's goal is to abrogate the final and binding process and jeopardize the labor-management dispute resolution process by disregarding a final and binding arbitration. USAPA's goal is to unilaterally impose an 8.5:1 ratio on the West pilots, which would virtually staple the entire West pilot group to the bottom of the joint seniority list then go to M-B. To assure this happens USAPA wants to continue to represent all US Airways pilots post SCC, but that violates the pilot’s contract and the RLA.[/size]But, let’s look at this a little deeper. We now know from Wesley Kennedy's declaration and other filings that AMR, LCC, and APA proposed a 3-way arbitration before the MOU TA. In addition, AMR, LCC, APA, and USAPA negotiated the MOU with the understanding that post SCC USAPA would cease to represent the US Airways pilots except as authorized by APA.[/size]In my opinion, this is why the CLT and PHL Reps fought the MOU, but under the threat of recall the CLT Reps made the MOU a TA and agreed to send out the MOU. Why? Political survival was more important than killing the MOU’s SCC authorization. Instead the UELs attempted to kill the MOU during the ratification process. But, the rank-and-file ratified the deal while the recall election was taking place.[/size]Little did the pilots know that by ratifying the MOU the pilots agreed to a process that would eventually permit the West pilots to introduce the Nicolau Award to the M-B BOA. Why? USAPA hide the truth from the pilots! Wow!Knowingly full well what had transpired, and keeping the truth from the rank-and-file, Pat Szymanski then successfully argued in the Addington II DFR trial that only the bargaining agent could negotiate seniority for its members and non-members. And, as I have said before Szmanski is right. Interestingly, unbeknown to the pilots and Judge Silver Szymanski was committing a Judicial Estoppel violation when arguing against US Airways' Summary Judgment seeking a 3-way arbitration based on USAPA’s SCC MOU agreement.[/size]Next Judge Silver compounded USAPA's growing problem and placed in her order that USAPA must cease all SLI work post SCC per the MOU and the RLA. [/size]This order exasperated USAPA’s problem and boxed the union into a corner. Then in a desperate move USAPA asked the NMB to set aside our contractual requirement for a 3-member arbitration panel and then filed a lawsuit against APA/AAG seeking a court order to remain the US Airways pilots (East and West) post SCC, which violates the MOU and RLA. [/size]Here's the salient point: By negotiating and ratifying the MOU USAPA waived its right to independently represent the US Airways pilots in the M-B arbitration, if held, because USAPA reached a TA and authorized SCC before the arbitration is held. [/size]So what's the bottom line? All USAPA has to do is agree to a 3-way arbitration with an APA, APA Legacy USAPA East, and APA Legacy USAPA West MC as proposed by APA and AAG and all of this fighting stops.[/size]But, USAPA is refusing to agree to this and is likely now waiting for the NMB and the District Court to issue an order favorable to APA and AAG. Why? USAPA did not want us to know their strategy failed and the UELs cannot politically agree to permit the Nicolau Award to be included in the M-B arbitration. Instead, this must be imposed on USAPA because the UELs cannot accept responsibility for their actions.[/size]The good news? Because of the West pilot's potential DFR lawsuit claim against APA and the West pilot's potential liability claim both AAG and APA are offering USAPA a 3-way arbitration where USAPA will have a seat at the M-B arbitration table to ensure a F&E ISL process.[/size]
