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USAPA will NOT agree with paragraph 3. Judge Silvers ruling was specific that AOL does NOT have participant status. Every time either the company OR APA opens it's mouth it continues to provide us more ammunition for USAPA's position in the DC circuit. What is really sad is the hole that the APA continues to dig for itself keeps digging AOL into a deeper and deeper morass that causes west pilots to seethe in anger and revenge, hence the latest update from AOL threatening to continue to sue everyone for the sake of suing.snapthis said:SENIORITY INTEGRATION PROTOCOL: APA proposed a seniority integration protocol agreement today to the US Airline Pilots Association that incorporates USAPA's suggestions and addresses concerns their leadership has expressed. As you will see, the four-party protocol will include American Airlines and US Airways management as signatories. We'll update you once USAPA has responded to our proposal
Protocol Agreement, APA Proposal 6/18/14
SENIORITY INTEGRATION PROTOCOL AGREEMENT
This Agreement is made and entered into by and between the Allied Pilots Association (APA), US Airline Pilots Association (USAPA), American Airlines, Inc. (American), and US Airways, Inc. (US Airways) (American and US Airways collectively, the New American), pursuant to the direction and provisions of paragraph 10.f. of the Memorandum of Understanding Regarding
Contingent Collective Bargaining Agreement by and between US Airways,
American Airlines, APA and USAPA (the MOU).
WHEREAS the MOU was entered into on or about January 15th, 2013, among APA, USAPA, American, and US Airways, and
WHEREAS, consistent with Section 13( of the Allegheny/Mohawk LPPs, in Section 10.a. of the MOU, APA, USAPA, American and US Airways agreed that [a] seniority integration process consistent with McCaskill-Bond shall begin as soon as possible after the Effective Date,
WHEREAS, consistent with Section 13( of the Allegheny/Mohawk LPPs, Section 10.f. of the MOU provides that [a] Seniority Integration Protocol Agreement ... consistent with McCaskill Bond and this Paragraph 10 would set forth the process and protocol for conducting negotiations and arbitration in the agreed seniority integration process, and
WHEREAS, the merger transaction contemplated by the AMR Plan of Reorganization closed on December 9, 2013, and
WHEREAS, it is desirable to maintain cooperative relationships throughout the seniority integration process outlined in paragraph 10 of the MOU, and
WHEREAS, the APA has established a Merger Committee to represent the American pilots during the seniority integration process and USAPA has established a Merger Committee to represent the US Airways pilots during the
seniority integration process.
WHEREAS, it is desirable to set out with specificity the process for integrating the existing seniority lists and including the integrated seniority listand all appropriate ancillary provisions, including implementation procedures, into the Joint Collective Bargaining Agreement (JCBA) defined in the MOU, and
WHEREAS, in implementation of the agreements made in the MOU, the following protocols are established.
1. APA, USAPA, and New American acknowledge that this Protocol Agreement constitutes the Protocol Agreement referred to in paragraph 10.f. of the MOU.
2. a. So long as APA and USAPA are separately certified by the National Mediation Board (the NMB) to represent the separate pilot crafts and classes at American and US Airways, respectively, APA and USAPA will each be responsible for the manner in which the Merger Committee it has established is appointed, operated and financed, and the manner in which any negotiated seniority integration agreement is approved and/or ratified, consistent with the MOU, this Protocol Agreement, the respective organizationsduty of fair representation, and other legal obligations.
b. Subject to Paragraph 3 below, effective on and after the date that the NMB determines the representation of the combined pilot craft and class at New American , the Organization, if any, designated by the NMB as the duly designated representative of the combined craft and class (the Organization) shall continue in existence the Merger Committees established by APA and USAPA, and delegate to the Merger Committees authority to act for and on behalf of the pilots on their respective pre-merger seniority lists for purposes of concluding an integrated pilot seniority list, consistent with the MOU, this Protocol Agreement, the duty of fair representation, and the Organizations other legal obligations. Thereafter, each Merger Committee shall fill its own vacancies by selection made by the
remaining members of that Merger Committee. Each Merger Committee shall be responsible for determining its position with respect to all matters encompassed by this Seniority Integration Protocol, selecting its legal counsel other advisors, and determining the manner in which its legal and other expenses are financed. The Organization shall not interfere in the deliberations and decision making of the Merger Committees. The Organization shall not interfere with any Merger Committee with respect to filling any vacancy, choosing
legal counsel or other advisors and experts, or the manner in which legal and other expenses are financed. Any dispute regarding the interpretation and application of this paragraph 2.b. shall be subject to priority expedited resolution under paragraph 20 of the MOU.
3. Within __ days following the execution of this Seniority Integration Protocol Agreement, a committee claiming to represent the interests of all pilots on a separate pre-merger seniority list referenced in paragraph 4( below, may invoke the dispute resolution procedures of paragraph 20 of the MOU to apply to receive party status as a Merger Committee on behalf of the pilots on such separate pre-merger seniority list under the provisions of this Protocol Agreement. New American, any certified bargaining representative, and the existing Merger Committees shall have the right to respond to any such application. The Arbitrator designated under paragraph 20 of the MOU shall have the authority to rule on any such application, with the ruling being final and binding on New American, APA, USAPA, the Merger Committees, and the pilots of American and US Airways. Any Merger Committee authorized by the arbitrator pursuant to this paragraph 3 shall thereafter be treated as a Merger Committee under this Seniority Integration
Protocol Agreement for all purposes.
4. On or before ______, 2014, or within __ days of the arbitrators ruling under paragraph 3 above, or within ___ days of the receipt from New American of the information described in a. below, whichever is later, the Merger Committees shall compile, verify, certify and exchange (in electronic Excel format whenever possible) employment data for each pilot on their respective pre-merger seniority lists, as follows.
a. The information certified and exchanged will include the following information to the extent such information is
available and can be compiled/provided by New American without undue burden or expense:
(1)
Each pilot's name; employee number; seniority number; date of hire; occupational seniority date, if any, and any other date relevant to the pilots placement on the pre-merger seniority list; date of birth; seat, aircraft, domicile, and information reflecting each pilot's availability to engage in revenue flying (i.e., leave status, instructor status, management pilot status, medical/disability status);
(2)
For each pilot, the start and end date of any furlough, period of disability, or leave of absence, or any intervening period of service with the pre-merger carrier other than as a flight deck crew member; an explanation for the furlough, period of disability, leave of absence, or
5
Protocol Agreement, APA Proposal 6/18/14 period of service other than as a flight deck crew member; and an explanation of the effect, if any, of the furlough, period of disability, leave of absence, or period of service other than as a flight deck crew member on the
pilots seniority, longevity, compensation and/or benefits;
(3)
The identification, with an appropriate designator on the seniority list, of any pilot whose placement on the pre-merger list was determined by a prior seniority integration agreement or award.
(4)
Provide each pilot's dates of employment at predecessor airlines, subject to previous seniority integrations (e.g., TWA, Reno, Air Cal, TCA, America West, Piedmont, US Airways Shuttle, PSA, Empire).
(5)
The identification, with an appropriate designator on the seniority list, of any pilots with grandfather, preferential
or similar special rights by agreement or prior seniority integration award that are limited as to category, domicile or status within the flight deck crew, and an explanation for each such special rights.
(6)
The identification, with an appropriate designator on the seniority list, of any pilots who appear on multiple pre-
merger seniority lists (American, US Airways (East), US Airways (West)).
(7)
Similar information for any pilot who has been terminated or otherwise removed from the pre-merger seniority list, whose status is the subject of any pending litigation or dispute.
b.
The certified seniority lists will reflect the status quo of the three seniority lists in effect at the carriers on December 9, 2013
(i.e., American, US Airways (East), US Airways (West); provided, that this will be without prejudice to any Merger Committees position on the appropriate snapshot or constructive notice date.
5. The Merger Committees will exchange additional relevant data (in electronic Excel format whenever possible) upon written request in the course of the seniority integration process.
6. New American will provide information relevant to the seniority integration (in electronic Excel format whenever possible) on the written request of any Merger Committee, provided that the information is relevant to the issues, and the requests are reasonable and do not impose undue burden or expense, and so long as the Merger Committees agree to appropriate confidentiality terms. Such
information shall be provided by New American to the Merger Committees on an equal basis. Within __ days of an arbitrators ruling authorizing an additional Merger Committee under paragraph 3 above, New American will provide to such Merger Committee all information theretofore provided to the Merger Committees established by APA and USAPA.
7. a. Within __ days following the exchange of employment data under paragraph 4 above, the Merger Committees (and New American, to the extent consistent with paragraph 10.d of the MOU) shall commence negotiations concerning integration of the seniority lists as set forth below. Such negotiations will occur for 45 days. Neither the MOU nor this Protocol Agreement shall prohibit such negotiations beyond that date by mutual agreement of the MergerCommittees (and American, to the extent consistent with paragraph 10.d. of the MOU).
b. Any such negotiations shall be directed to the establishment of a fair and equitable integrated seniority list as required by the McCaskill Bond Act; provided, that any such integrated seniority list shall comply with the conditions set forth in paragraph 10.b. of the MOU. The subjects of the negotiations will include:
(1) to attempt to resolve any and all disputes and inconsistencies with regard to the employment data exchanged pursuant to paragraph 3 above, and to reduce to writing any remaining areas of disagreement, with a statement of each negotiating partys position;
(2) to determine the snapshot date as of which the pre-merger seniority lists will be integrated, and the constructive notice date after which pilots hired shall be deemed to have been on constructive notice of the merger;
(3) the pre-merger fleets for which each pre-merger group will be entitled to credit and the projected future combined fleet including, without limitation, aircraft on hand, on order, and/or on option as agreed by the negotiators;
(4) the staffing assumptions to be applied to the fleets established pursuant to subparagraph b.(3) above;
(5) the pilot bidding patterns (stovepipe or otherwise) to be assumed in applying the fleet and staffing assumptions established pursuant to subparagraphs b.(3) and (4) above; and
(6) the methodology or methodologies to be applied to integrate the pre-merger seniority lists including, without limitation, construction of the integrated seniority list and applicable conditions and restrictions; provided, that any such negotiations shall be directed to the establishment of a fair and equitable integrated seniority as required by the McCaskill Bond Act, and consistent with the conditions
set forth in paragraph 10.b. of the MOU.
c. The Merger Committees (and New American, as applicable) may jointly agree to the assistance of a neutral mediator at any point during the negotiations. The fees and expenses of any such mediator shall be paid by New American.
d. The Merger Committees (and New American, as applicable) may enter into written agreements and/or stipulations to resolve
and/or limit the issues to be submitted to the Arbitration Board for resolution.
e. No position taken and nothing said by any participant during negotiations may be presented nor shall be admissible in the seniority integration arbitration.
8. On or before _____, 2014, or within __ days following an arbitrators ruling under paragraph 3 above, whichever is later, the Merger Committees shall select three neutral arbitrators to serve as an Arbitration Board in accordance with the MOU and this Protocol Agreement. The Arbitration Board shall be selected by the Merger Committees exchanging lists of 5 arbitrators. Any names common to
the Merger Committees lists will be appointed to the Arbitration Board; if there are more than three common names, the Merger Committees shall rank order the common names, and the three arbitrators shall be designated based on the Committees relative combined ranking. To the extent that positions on the Arbitration Board remain unfilled and the Merger Committees are unable to agree
on the remaining arbitrators, the remaining arbitrators shall be selected by alternate strike from the arbitrators proposed by the Merger Committees. The Merger Committees shall determine by agreement or by lot the order of striking.
9. The Arbitration Board shall have the authority to resolve any dispute regarding the employment data exchanged by the Merger Committees pursuant to paragraph 4 above, or regarding the production of information under the MOU or this Protocol Agreement; provided that such dispute has not already been adjudicated pursuant to [settlement or MTA #2]. Any such dispute shall be submitted to the Arbitration Board no later than __________; and the Arbitration Board shall issue its ruling(s) with respect to any such dispute no later than ____________.
10. a. The Arbitration Board shall have the authority to establish a fair and equitable integrated seniority list as required by the McCaskill Bond Act; provided, that any such integrated seniority list shall comply with the conditions set forth in paragraph 10.b. of the MOU.
b. The parties to the arbitration will be the Merger Committees and New American; provided, that the participation of New American shall be limited to ensuring that the Arbitration Boards Award complies with the conditions set forth in paragraph 10.b. of the MOU. In accordance with paragraph 10.a. of the MOU, the arbitration proceeding will commence no later than 60 days after the designation of the Arbitration Board, or as soon thereafter as practicable given the availability of the designated arbitrators; provided, that in no event shall the proceeding commence prior to the final approval of the Joint Collective Bargaining Agreement pursuant to the deadlines and procedures in paragraph 27 of the MOU.
c. The arbitration hearing will be limited to 12 hearing days; provided, that with the concurrence of the Merger Committees and New American, or at the request of the Arbitration Board, the hearing may be extended up to an additional 4 days. In advance of the hearing,the Arbitration Board shall convene an in-person or telephonic pre-hearing conference or conferences with the parties, to establish rules of procedure, receive stipulations, establish the location(s) of the hearing, set time limits, define issues, establish a schedule for the submission of pre-hearing statements of position, set the order of proof on issues, and deal with other pre-hearing and procedural matters.
d. At the conclusion of the arbitration hearing, the Arbitration Board will establish a schedule for the submission of post-hearing briefs, and/or oral argument before the Arbitration Board.
e. Prior to issuing a final Award, the Arbitration Board will submit a proposed Award to the Merger Committees and New American for
the purpose of reviewing the Arbitration Boards determinations, and the Arbitration Board shall receive written comments and suggestions as to the proposed Award, with copies to the Merger Committees and New American.The Merger Committees and New American may submit written response to the comments and suggestions of the other parties, with copies to the Merger Committees and New American.
f. The Arbitration Board shall issue its final Award within six (6) months of the commencement of the arbitration hearing, and in any event not later than December 9, 2015.
g. The Arbitration Board will include in its Award a provision retaining jurisdiction until all of the provisions of the Award have been satisfied for the limited purpose of resolving disputes which may arise regarding the interpretation, application or implementation of the Award; and shall establish, as part of the Award, a process for resolution of such disputes as adopted by the parties or, in the absence of such agreement, established by the Arbitration Board.
11. In accordance with paragraph 10.c. of the MOU, the integrated seniority list resulting from the process established by the MOU and this Protocol Agreement, whether arrived at through agreement or arbitration, shall be final and binding on APA and USAPA (and/or the certified bargaining representative of thecombined pilot craft and class), American and US Airways or their successors, and
all of the pilots of American and US Airways.
12. The integrated seniority list resulting from the process established by the MOU and this Protocol Agreement shall be implemented as established in the Joint Collective Bargaining Agreement.
13. So long as it has jurisdiction over any matter encompassed by paragraph 9 or 10 above, the Arbitration Board shall have authority to resolve any dispute arising out of the interpretation or application of this Seniority Integration Protocol Agreement. The Arbitration Boards resolution of any such issue shall be final and binding.
14. In accordance with paragraph 7 of the MOU, New American will make positive space transportation available to members of the Merger Committees when engaged in activities related to seniority list integration.
15. Pursuant to paragraph 7 of the MOU, New American shall provide reimbursement of expenses in an amount not to exceed $2 million for each Merger Committee.
16. Further elements of the seniority integration protocol may be established by written agreement of the parties (American, US Airways, USAPA and APA until NMB certification of a single bargaining representative; American, US Airways, and the Organization following NMB certification of a single bargaining representative); provided, that no modification shall be made in the provisions of paragraphs 2 and 3 above.
17. No position taken by the parties in the Seniority Integration Process may be submitted to the National Mediation Board in the proceeding ongoing in NMB File No. CR-7110.
18. This Seniority Integration Protocol Agreement is expressly conditioned upon (a) USAPAs withdrawal of any objection before the National Mediation Board to a finding that American and US Airways constitute a single transportation system under the Railway Labor Act; (the withdrawal, with prejudice, of USAPAs request for a panel of arbitrators from the National Mediation Board, and any USAPA grievance related thereto; and © the voluntary dismissal, with prejudice, of the action captioned USAPA v. US Airways, Inc., 14
Civ. 00328 (DAH) (D.D.C.), with each party to bear its own costs with respect to said litigation; and will not be effective until such dismissal is effected. USAPA shall take the necessary steps to effect such withdrawal and voluntary dismissal
within seven (7) calendar days of the execution of this Agreement
Protocol Agreement, APA Proposal 6/18/14
Dated: June __, 2014.
ALLIED PILOTS ASSOCIATION
By:
US AIRLINE PILOTS ASSOCIATION
By:
AMERICAN AIRLINES, INC.
By:
US AIRWAYS, INC.
By:
Please send Chip back onto the forum on your behalf, AOL. His "legal arguments" make much more sense than your latest scorched earth threat from PHX.
2017 is an optimistic prediction of a completed seniority list. Every day that goes by the West pilots lose growth advancement throughout the system and remain stuck in PHX. As the company moves and expands flying to other bases PHX could very well face increased exposure to furloughs again especially with the PHX training center pull down.
