In thought we get the new pay rates as soon as we vote in the MOU, do we not?
So that means you're wrong in that a POR triggers the MOU - it doesn't.
We DO NOT get the new pay rates on the vote. But first, lets agree on one
thing, let's limit our discussion to the MOU and the USAPA Flight Plan (FP) to a
Merger.
Read page 4 of FP. It states:
"US Airways pilots will "VOTE" to determine final approval of the MOU.
PENDING approval of the MOU, USAPA and AA will work together to convert the MOU
and specified provisions (?) of the APA 2012 CBA into a Merger Transition
Agreement (MTA), which will serve as the "interim contract for the pilots of US
Airways and American Airlines" from the EFFECTIVE DATE UNTIL FINAL JCBA.
IF APPROVAL (February 8, 2013) then:
"Upon bankruptcy court approval of a POR to "merge US Airways and American
Airlines",
the merger will begin to be finalized.
The date of approval of the
POR WILL BE KNOWN AS THE EFFECTIVE DATE OF THE MERGER. ON THIS DATE (ED):
MOU = MTA.
3. Beginning on the effective date of the POR (the “Effective Date&rdquo
😉, pilots
employed by US Airways shall be paid in accordance with the provisions of the
MTA that are generally applicable to pilots employed by New American Airlines.
In short, MOU (February 8) + ED = MTA
Also, read paragraph 18(c.) and (d.) which states:
"For purposes of clarity, this Memorandum shall be null and void in its entirety and as to all Parties if the Merger is not consummated."
"This Memorandum will only apply to this Merger, and will apply to this Merger regardless of its corporate structure. This Memorandum shall not affect or have any applicability to American's stand-alone plan or any merger or transaction other than this Merger."
Secondly, per Szymanski, there will be three lists because on our side we
currently operate ith two lists. Take the west guys who went east and are on the
bottom. Your guess means they're put under new hires does it not? So stop
making these invalid points as they're completely wrong. USAPA will submit two
lists and then submit an integration method based on those two lists and APAs
list.
This is a problem for Pat because too many people either misinterpreted what he said OR he may be saying it wrong. Unfortunately he seems to be being quoted incorrectly and it needs to be put down in writing.
Having said that, I NEVER said I was "guessing" at West furloughs junior to East new hires. What I have been saying is that my "guess" would be at the end of ED + 30, APA and USAPA got together with the companies (US/AA) data to verify and establish employment data. It certainly would include name, pay number, hire date, furlough and recall date, if any, longevity establishment, etc. They probably would establish an adjusted longevity date for those furloughed and recalled and maybe even credit (I would hope) TWA pilots furloughed at AA but hired at US and credit them for that time towards their time here. That is one part of the "protocal" called for in the MOU.
But I NEVER said nor implied what YOU are saying.
As far as "two" lists here there is only one and that is the list USAPA has in it's possession which is DOH. The "adjustment comes during the 60 day window or during arbitration if no success.
Read paragraph 4 again. Also read paragraph 10(d.), which states: "During the McCaskill-Bond process, including any arbitration proceeding, US Airways, American or New American Airlines, or their successors (if any),
shall remain neutral regarding the order in which pilots are placed on the integrated seniority list, but such neutrality shall not prevent said carriers from insuring that the award complies with the criteria in Paragraph 10(B)(i)-(v).
Also, read paragragh 10(h.) which states: "US Airways agrees that neither this Memorandum nor the JCBA shall provide a basis for changing the seniority lists currently in effect at US Airways other than through the process set forth in this Paragraph 10.
APA/USAPA CONTROLS the process, not US AIrways.
Also, read paragraph 15, which states: "US Airways agrees that it will comply with the East and West CBAs and the Transition Agreement until the Effective Date."
As for the arbitrators. you're naive. Those guys are tight with each other and
just as on any industry, they won't undercut one of their own. And the
precedence it would send would rock the foundation of arbitration. I find it
hard to believe anyone could simply brush that off.
This is McCaskill-Bond and nothing prior to this other than what either APA-USAPA argue matters. And if it did, that would subject the arbitration to legal challenges. I am "brushing it off" because under this MOU everything is re-argued. After the ED, there is no East West, North South, transition agreement or East West contract, it will be the MTA.