But now you are saying that the Nicolau was real and valid and it lived in the T/A. But now that the T/A is going away now for reals because we were kidding last time the Nicolau goes away.
So you have admitted that the Nicolau was real and valid because of the T/A but have managed to avoid it with the MOU. I would say that is a very strong case of intentional harm by the union admitting that for the last 8 years the east pilots have intentionally lied to the court, to the company and to their members about their obligations to the pilot. that usapa delay getting a contract knowing damn well that it would have implemented the Nicolau and that there was no legal way to avoid the nicolau because it existed in the T/A.
If there is no integration of the list from 8 years ago and you want to use the conditions as they exist today. That is a redo. No debate about it. You got to keep your job and work for a bigger airline last time, the Nicolau should have been good enough for you, That is what you just told me right. Where is the harm for you using the Nicolau?
The Nic could only ever be implemented with a ratified contract. Everyone knows that. Problem is, nobody will vote for a contract containing the nic (except for westies, of course). From what I remember, that is what they told the court, and that is what management believes also.
To get the nic, a joint contract between east and west and LCC must be consummated. Never happened, not going to happen, ever. That process FAILED. Ergo, the Nic has been dead for a long time, just nobody pulled the plug on the life support. AOL has been trying to shock it back to life repeatedly by throwing massive quantities of cash on the lifeless corpse, but to no avail. Nobody's buying the rotten piece of meat called the Nic.
BTW, the harm in the nic at this point is that there is no quid pro quo. Meaning, we're all supposed to get a new contract with LCC in return for integrating the pilot workforce. Sorry, but if the company wants an integrated pilot workforce, I need compensated for that. That also never happened, and now everyone realizes it never can happen.
The MOU pulls the plug on the Nic life support machine. The west voted for it as well as the east. The MAJORITY of the west approved the provisions of the MOU.
You guys don't have a case. The current T/A dies on the effective date. The MOU/MTA is not a contract between USAPA and LCC, it's a transition agreement between American Airlines and USAPA.
You can't claim injury (ripeness) until the SLI is complete or risk being sanctioned by the courts for filing a frivolous lawsuit.
The MOU lays out exactly how the seniority deal is going down, and it will be the east list, west list, and the AA list.
Negotiate, then arbitrate if necessary. By the time the new list comes out, you'll have several thousand extra dollars in your pocket, shiny new uniforms, and the distinction of being the employee of the largest airline in the world.
When you go crying to the judge at that point, he'll laugh you out of the courtroom.
And I don't think any judge will give you a TRO to stop a multi-billion dollar merger. Just ain't going to happen, Clear.
Cheers.
