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Arbitration awards go away all the time. A union nor a company is ever bound by a prior arbitration award if negotiated away. That is the norm in collective bargaining. In fact, the law already said the MOU superseded the transition agreement. That's what USAPA was sued for and found NOT to have breached its DFR. You need to go back to labor law school 101.700UW said:Arbitration awards just dont go away, you will see in the SLI with AA what happens.
Clueless, learn how to dump the lavs on the 777, stick to what you know best.700UW said:No one knows what will happen and remember the company has all ready accepted the Nic, and do you think the APA wont use that as their starting point so they dont get sued?
No, it was binding when/if we ever got a JCBA. We didn't, we got a MOU which made all other contracts null and void. You sued, claiming the abandonment of the Nicolau award was a failure of USAPA's DFR. YOU LOST.snapthis said:It was only final and binding if the East pilots agreed with the results.
Ah when you cant refute you try and attack and insult, so mature.luvthe9 said:Clueless, learn how to dump the lavs on the 777, stick to what you know best.
West pilots voted 97% in favor of getting rid of USAPA through this merger. Your union WILL NOT represent West pilots or any pilot at AA. As a matter of fact, why was it named the US Airlines Pilots Association? Did you think it would rise to the level of an actual union? Spread through the airline industry like an East infection?Pi brat said:No, it was binding when/if we ever got a JCBA. We didn't, we got a MOU which made all other contracts null and void. You sued, claiming the abandonment of the Nicolau award was a failure of USAPA's DFR. YOU LOST.
Your MOU isnt your whole CBA, your CBA isnt null and void it remains in full effect with modifications from the MOU.Pi brat said:No, it was binding when/if we ever got a JCBA. We didn't, we got a MOU which made all other contracts null and void. You sued, claiming the abandonment of the Nicolau award was a failure of USAPA's DFR. YOU LOST.
As per the MOU, the pilot contract at the former LCC is the American contract as modified by the MOU. The adoption of the MOU also rendered all past contracts, agreements, etc null and void with the exception that for items which will take time to implement (requiring extensive reprogramming of computer systems, for example) will remain at the status quo.700UW said:Your MOU isnt your whole CBA, your CBA isnt null and void it remains in full effect with modifications from the MOU.
You certainly dont know how labor law works under the RLA.
That's how it actually went down, but that's not how arbitration is supposed to work.snapthis said:It was only final and binding if the East pilots agreed with the results.
Did the Transition Agreement reserve the right of each group to approve the arbitration result? I don't recall Section 45 - the ALPA Merger and Fragmentation Policy - as providing that right to either group. The whole idea of binding arbitration is that when the result is rendered, it's final, and generally, the parties don't get to vote on whether to accept the result.nycbusdriver said:
Well, yes. Exactly.
It required a new contract ratified by each side separately. The east pilots nixed the contract, and thereby nixed Nic.
I've read Circuit City, and it is wholly irrelevant to my post that you quoted. The FAA does not apply to employment contracts for transportation workers (like airline employees). That case was nothing more than another spanking of the 9th Circuit that held that the FAA did not apply to any employment contracts, and the US Supreme Court overruled.end_of_alpa said:The FAA doesn't apply to us. reread Circuit city stores vs. Adams. Hint. Supreme Court case.
Bingo. APA will never again be the union it was.RJcasualty said:.... DP must be giggling.
Oh, c'mon now... you really think that law degree of yours makes you more knowledgeable on the topic of arbitration than a couple of shop stewards or rank & file union members?..FWAAA said:That's how it actually went down, but that's not how arbitration is supposed to work.