For the question of "what about the arbitration by NIC?"
Well from a strictly legal standpoint for that arbitration to have any weight, the terms of the t/a had to be met. That never occured, so a combined list never occured and the NIC list is not active or binding anywhere except in the current incomplete t/a, which has now been voted away by all pilots of usairways east and west. There is no way for the only process that could make the NIC binding to ever be completed. So from a straight how its written and agreed to POV like a court will look at, the NIC does not exist. Neither does a combined awa/us DOH list.
Many people can argue many things and take up court time and pay lawyer fees, but in the end, if it is not on an active and agreed upon contract in a court it does not exist. The next court case after the MOU takes effect will be dealing with the items contained in the MOU. Meaning AA's greenbook and the MOU documents. that is what the contract will be. The pilot group as a whole voted for that set of documents. The court will ask "what is the current active seniority lists?" He/she will be given 3 active lists by the company/apa/and USAPA. AOL will give him/her the NIC list. Some questions will follow and it will be disclosed that the process that created NIC was never completed and the pilot group/company/and apa all agreed to remove that contract completly that came before the greenbook/mou.
The simple fact is NIC was never completed per the t/a, NIC was never active and no pilot east or west ever bid on it. Additionally per our recent vote the entire process and contracts that created the NIC has been rendered null and void. When asked in roadshows the answer was always the same "seniority neutral" which it was since nothing in the mou affected the existing and active seniority lists in use. Amd the wording of the MOU could not be clearer about it. We all saw in plain black and white that the MOU meant complete removal and discarding of any and all contracts prior to the MOU.
The answer was not "seniority neutral concerning never completed and hypothetical unused seniority lists" The MOU states "lists' for USAPA and "list" for APA. Nothing about how that is written speaks to or endorses anything except the 3 active lists currently in use at the 2 airlines.
As long as during the AA merger process USAPA ensures that the west list is treated exactly like the east list when putting all this together I don't think a court will touch it. I don't think straight DOH is going to happen, my guess is some DOH/LOS/reletive position thing will come out of it based on where we sit on each list at date of POR with conditions and restrictions in place to prevent windfalls and leapfrogging. But I don't see any legal way given how we voted and how what we voted on is worded for there to be anything in that process that even mentions, references, or uses anything prior to the MOU. In that process, or in a court, contractually nothing before the MOU/greenbook will exist.
Thats my take on it anyhow. To see if I am correct in how I see it will be years down the road most likely when the inevitable court case finally makes its way through the system. In the mean time I am betting the above is how the company/apa/and USAPA are going to proceed. Each careful to not violate how any of the MOU is worded. And it is very specifically worded the way it is for a reason I suspect.
When the POR date hits, the MOU IS the only contract that apa/usapa/company will reference. There is nothing else after that date as clearly stated in what we voted in.
For you east pilots that think this is going to be a three way integration a few questions about how usapa, the union that legally has to represent ALL US Airways pilots fairly and equally. How would you handle some of the milestones parts of the list?
How will usapa handle the west pilots that are on the east list? Are they east or west pilots? Will usapa give them their DOH order or allow new hires to be senior? Do those pilots have to make a choice even though they work for the same company? Do they get to stay on both lists and wait for the results before they decide?
Does usapa simply present two lists to the arbitrator and says put it together however you want? Does usapa hand over two lists and advocate for fair and equal treatment of both east and west pilots? Is DOH as required by the C&BL fair to all US Airways pilots? The courts have said an arbitrated list is fair.
First fact. The east and west work for the same company and therefore have the exact same expectations, benefits, pay and work rules.
If you believe that the east and west are separate lists the number one pilot on each list has the same expectation. To be number one on a combined list. When usapa hands in those two list will they continue to push for DOH? If so the east and APA pilot start at the top with our number one pilot hired in 1983 starting around 1000. Does that maintain his expectation of being number one? Does usapa fight for the west number one to be next to the east number and ignore DOH?
Since we are combined airline the west number one pilot now has an expectation to fly a WB. Does usapa try and fence a PHX based pilot from US Airways WB flying? How would they justify that if usapa is treating all pilots equally simply because that pilot is in a different base?
The next milestone is the junior captain. The junior captain is the junior captain.
APA 1/1993
West 7/1998
East 11/1987
Does usapa argue that the junior captains should be placed next to each other? Or does usapa argue that 500 east F/O should be senior to the APA junior captain while the west junior captain should be placed in the bottom 30% of the APA list below 5800 amercian pilots while almost 3000 east pilots are placed above American captains?
Finally at the bottom of the list. Where is the bottom of the east list and APA list?
We all agreed that the new hires should be junior to all premerger US Airways pilots (third listers). That means Varini is the bottom of the list and the new hires go below west pilots. That would be anyone hired after 2007. How does usapa get an arbitrator to do that?
What will usapa argue as far as the APA list? That furloughed pilot hired in 2001 get credit and go senior to all US Airways hired after them or do they argue that furloughed pilots go to the bottom? Does usapa allow the A/E flow through that are not on property or even furloughed to be on the mainline list? They have a 2008 hire date or earlier and there are 247 of those pilots. Bottom of the list or senior to active pilot?
Because of the way the TWA list was built they gave those guys a new DOH. At the bottom of the list for all of you demanding DOH.
1998 461 pilots
1999 1227 pilots
2000 1021 pilots
2001 2183 pilots.
That would be 4900 american pilot senior to any US Airways pilot hired after 2001. That would be 200 east pilots and 321 west pilots you want to throw under the bus. Plus another 325 east pilots hired between 1998-2001 mixed in with 4900 APA pilots. 525 east pilots mixed in with furloughed APA pilots and the bottom 45% of the American list. Does that sound like fair treatment of ALL US Airways pilots?
How does usapa argue that they can represent east and west fairly in a three way integration yet maintain their constitutionally mandated position? How does usapa represent east and west pilot’s career expectations of being number one or remaining as the junior captain or expecting to someday upgrade if usapa is placing the west number one pilots under 1000 other pilots. The junior west captain under 500 east F/O’s and 5500 and 6000 american pilots? How does usapa fairly represent junior US Airways pilots when they are willing to put 4900 american pilot senior to 50% of the west list hired in 1998 or later? Arguing that the junior west captain hired in 1998 should be junior to 70% of the American pilots?
Will usapa argue that the three lists should be put together having the three number one pilots next to each other?
APA DOH 3/73
West DOH 6/83
East DOH 1/73
Junior captain
APA 1/1993
West 7/1998
East 11/1987
Junior on the list.
APA Active 6/2001
West 2/2005
East 8/2004 or 9/2011
You guys are convinced that it will be a three way. How is usapa going to do a three way fairly? With all of those issues do you think maybe someone on one side or the other is not going to be happy? Perhaps see another MDA type DFR law suit for presenting the wrong list? M/B maybe federal law but the one thing that can overturn binding arbitration is fraud. If the wrongs list(s) are presented that would be fraud.
Does anyone think an arbitrator wants to deal with all of those issues?
Other option. Usapa presents the arbitrated list as agreed to. The arbitration panel only has two lists to deal with, they combine US Airways and American and everyone walks away without a lawsuit.
How is usapa going to represent ALL US Airways fairly in a three way integration? How would any of you handle these issues?