- May 8, 2007
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The statement is not a personal attack. It's a belief that a "mind set" is unchangable because their brain won't let them see anything else.
Some people have a mind set where you CAN'T fix "stupid". Otherwise known as the lack of reason.
What is occurring here is the same argument all the time. Final vs. vote.
We have already spoken to several LEGITIMATE lawyers outside of THIS forum. They confirm (ALPA attorney Jeff Small, several law firms outside of ALPA, including Seham) that state that the arbitration "process" WITHIN ALPA has NO MEANING outside ALPA. The "transition Agreement", which has already EXPIRED in any case, defines the PROCESS for the integration of two collective bargaining agreements of two "political bodies" East and West MECs. In otherwords, it allows the pilots to "renegotiate" the East CB agreement so BOTH SIDES can combine a contract and VOTE FOR IT!
IF YOU DON'T BELIEVE ME THEN WHY DID'NT YOU ATTEND LAST WEEKS ALPA MEETING IN CLT AND ASK THE SAME QUESTIONS? WHY? WHY?
Are you too afraid to get out from BEHIND THESE BOARDS and ask? Why wasn't Bear96, Aquagreen, 700UW there?
I WAS! I ASKED. THEY ANSWERED!
The company established "conditions and restrictions" by which ALPA could put the list together. ALPA met those "conditions and restrictions" when they submitted "the list" and the company accepted it because it met THEIR terms IN THAT SIDE LETTER. Section 22, Seniority, for all practical purposes, is now a closed Section along with several other sections of the contract. This is also called "tentatively agreed to."
So far so good. However, BOTH pilot groups MUST vote for approval, by a MAJORITY vote, whether they will accept or reject ANY tentative agreement. Contrary to what BEAR96, 700UW, Aquagreen...etc. If you don't VOTE FOR IT YOU CANNOT IMPLEMENT IT! ALPA legal agrees, John McIlvenna agrees, JR Baker agrees, Cohen, Simon and Weiss agree, Jeff Small agrees, the CLT LEC agrees, Bruce York is an attorney with ALPA and Director of Representation.... Bruce is very familiar with contract information within the association and he will be able to shed light on our negotiations and HE agrees, Seham agrees, the COMPANY agrees. The GREATEST LABOR LEGAL MINDS AGREE WITH ME! If you don't vote for it, you don't get it and you have to RENEGOTIATE IT UNTIL YOU DO GET THE MAJORITY VOTE! IF MONEY WILL NOT SUFFICE AND SECTION 22 IS THE ONLY IMPEDIMENT....WHAT SECTION GETS RENEGOTIATED? SECTION ____! (Fill in the blank, answer found from above).
I WAS THERE....I ASKED THEM ALL.....YOU WERE NOT! I'm NOT USA320! I attended AND did my homework!
ALL THE LEGAL EAGLES AGREE. If you DON'T vote it, you CAN'T IMPLIMENT IT. They agree that that language COMMITS ALPA...but puts them in an IRRESOLVABLE DILEMMA....STALEMATE! RLA does NOT allow TWO contracts within the same "craft or class". One contract, two parties. Company and Labor.
ALPA calls their merger policy arbitration. SO WHAT? It MAY be arbitrative in the PROCESS sense but if it can't get voted in by a majority of any group then calling it final and binding does not make it so UNLESS AND UNTIL YOU VOTE IT IN! ALL PARTIES AGREE TO THIS INTERPRETATION. In short, the transition agreement has NO TEETH to bind USAPA because the award is the MAIN reason we're leaving ALPA....so the TRUE MAJORITY, a COMBINED EAST AND WEST can have a CHOICE! No SUPERMAJORITIES! Then they, COMBINED, would find what is acceptable as a combined contract. Then the issue will get settled once and for all.
Sure AWA pilots will sue USAPA and the company. When you do, the judge will look at the vote on the tentative agreement and see how the vote went. Since it is secret ballot for ALL pilots in the craft or class, he cannot tell WHO voted yes or no (and legally he could not INFER whether the majority of the vote was from one side of the East or West of the mississippi. He will test to see that both sides COULD vote) The vote supports ANY agreement. Nicolau could be acceptable under ALPA IF they could get it signed with the majority vote. Stapling the East pilots under the West could be acceptable IF the AWA pilots were the CB agent and the majority vote supported it. DOH is ACCEPTABLE if USAPA is the CB agent and the majority votes vote it.
The Nicolau award is a PROPOSED list, it is not THEE list.
The company is not bound to the transition agreement IF it results in a stalemate. I will quote the NMB from THEIR ruling in our representational case for single carrier status from last tuesday if you have ANY doubts:
"ALPA requests that the Board delay its determination until a single CBA (agreement) is in place for the East and West Pilots. The Board believes that DELAYING its findings in this case would be contrary to the RLA's PURPOSE OF PROMOTING LABOR STABILITY."
The judge will look at promoting labor stability. His test is "reasonableness" not fairness. If the majority is happy, he is happy. So move on with life.
If you do NOT agree with everything USAPA has said it will do such as saying "they don't have enough money", LIE, "they don't have enough cards", LIE, "there lawyer is a crook and anti-labor", LIE, "east pilots are greedy", LIE, etc. etc. then this arguement will continue until USAPA wins in court.
USAPA WILL HAVE AMPLE AND SUFFICIENT RESOURCES. NOT TO WORRY!!
