Able said: The votes are not there.
USA320Pilot comments: As an AWA pilot how do you know?
Because less than 400 have sent in any cash. Most card senders are likely in Jetz camp. They wanted to send a signal to ALPA. These same pilots recognize the futility of USAPA. USAPA's reason d' etre is to take out the Nicolau award. Because there is no mechanism available to do this USAPA will be still borne.
Able said: Even if they were, in the absence of a single carrier ruling, only the east goes bye bye.
USA320Pilot: If the company obtains its single operating certificate tomorrow do you believe the DOL will rule that the two pilots groups are not a single carrier? And, if the pilot groups are represented by two different unions then there can be no joint contract negotiated or Nicolau Award implementation until the representation issue is resolved.
Clearly you are confused about how this would play out. Get back to me after you do some reading.
Able said: If USAPA were to become the bargaining unit they would inherit the transition agreement which specifies that ALPA merger policy determines seniority.
USA320pilot comments: There are two different legal opinions on that and it could be up to a court of law to decide that point.
WRONG. When your independent counsel says; "Yes it is possible (but improbable) that a new union could disregard the Nicolau award, just as it is possible (but improbable) that you may also develop X-ray vision. We would be more than happy to continue to take your money to persue this possibility." You are hearing "Yes there is a very good chance that we can circumvent the Nicolau award."
Able said: If through an act of god they were able to overcome obstacles 1 through 3 they would still need the west to ratify a new contract. Your pay will never increase.
USA320Pilot comments: First off, the majority of East pilots would prefer to live under LOA 93 and prevent the Nicolau Award from being implemented than to obtain a joint contract and have the Nicolau Award implemented. Furthermore, this could force the AWA pilots to enter Section 6 negotiations, which is fine with the East pilots. Meanwhile, the East would continue to capture its attrition and pilots would see pay increases. For example, pay increases will occur for F/O’s when they upgrade on the EMB-190, when reserves become lineholders, First Officer’s Group II Captain’s, and narrowbody pilots widebody pilots. And, on January 1, 2010 each pilot will receive about a $12,000 bonus and then another $12,000 bonus on January 1, 2011 per LOA 93.
You have repeated this paragrpah almost verbaitim forever. It is no more true now then when you first wrote/copied it. You have no idea what the majority of the east pilots want. Listen to what Jetz is saying and ask yourself if he is the ONLY east pilot who wants to persue all avenues. He is clearly not interested in finishing off his career under LOA93.
Also noteworthy, there will be 490 pilots added to the seniority list next year with almost all of them based east of the Mississippi River and more PHL to Europe and to the Far East expansion.
Thus, the East pilots do receive meaningful pay increases. What do the AWA pilots get during this period? Stagnation and their current contract. But, what options do the West pilots have? Two. Negotiate a “realistic solution†to the Nicolau Award per the Rice Committee recommendations or likely become a part of USAPA.
ALPA is concerned that a decertification effort could snowball. To that end they will spend every available dollar to enforce the Nicolau award and marginalize USAPA. The agency shop rule applies only to ALPA, it would not apply to USAPA and west pilots would continue to pay their dues to ALPA. Furthermore they would never ratify an USAPA contract and you would live under LOA93 forever.
Regards,
USA320Pilot
