FL430 said:
So Oscar, why is it that no-one uses a single arbitrator anymore? Why did you not use nicolau during your sli? Why is it that Nicolau has not participated in any seniority arbitrations anymore? Hmmmmm
Let's start with the facts. Since your award there have been four large pilot seniority integrations:
Delta/Northwest: 3 arbitrators
Midwest/Lynx/Republic/Midwest: 1 arbitrator
Pinnacle/Colgan/Mesaba: 1 arbitrator
United/Continental: 3 arbitrators
So your statement that no one uses one arbitrator anymore is just factually wrong.
We used three in Delta/Northwest because of the grotesque and immature reaction by the East pilots. Rather than accepting the process they agreed to, like spoiled little brats they lashed out and attacked Nicolau. Since we knew one side or the other was not going to be happy with the award, we used three so they could be angry, but they couldn't use the "senile old coot" argument. That same thought process led us to adopt a three arbitrator panel as the default in ALPA Merger Policy.
We didn't use Nicolau because he wasn't available. I think he doesn't want to do those cases anymore. If you are one of the most respected and sought after arbitrators in the world, why would you subject yourself to the degrading treatment that came from the East pilots? He has plenty of work, he has worked on Delta contractual grievances and he is still considered a top, top tier arbitrator. He does not need that work so why take it?
There is only one group of people that thinks he is bad and that is the East pilots. All the arbitration lawyers, all the other pilot groups, all the other arbitrators have nothing but the utmost respect for George Nicolau. His writings in previous awards are cited time and time again in follow on arbitrations and his work is highly studied and sought after.
Having worked with many arbitrators on many arbitrations, I know for sure that making continued attacks on George Nicolau is a losing strategy for the East. He is considered a giant amongst his peers and your immature character assassinations do not win you any friends there. Given the East's proclivity for always making the wrong decisions, I have the utmost confidence you will continue your childish attacks. Let me know how that works out for you.