In my opinion, if the AWA MEC takes the position of AWA320 then there will be no seniority list integration for many, many years, there will be no joint contract, the West pilots could get whip sawed, and the West pilots would have to enter Section VI negotiations, if that is possible per the Transition Agreement.
Why? The East pilot group has a contract in place and the vast majority of the pilots would prefer to live under LOA 93, which is legal, versus having the Nicolau Award proceed.
Why? The East pilots would have better grow pay and a better quality of life by not integrating under the terms of the Nicolau Award.
The problem for all US Airways stakeholders is that the infighting puts the business enterprise at risk, which is in nobody's best interest.
By a 13-1 vote the EC passed a resolution that states “the Executive Council is acutely aware of the negative consequences that may result if the MECs fail to come together to explore consensual approaches that promote career protection and mutual success.†Additionally it directs John Prater to continue to “employ all of the resources of the Association to assist the MECs in achieving these goals.â€
It is my understanding the EC authority for this action according to outside Counsel Mike Abarm, from Cowen, Weiss, and Simon, who has been an ALPA attorney for over 30 year's, is Article VI, Section 4 of the ALPA Constitution and By-Laws, which spells out the duties of the EC. The EC duties include “…consideration of and action upon the following matters: (1) interpretation of the Constitution and By-Laws...â€
Abram believes the EC has the power to interpret the Constitution and By-Laws, and, if the body finds the Constitution and By-Laws were not followed they have the legal right to intervene.
According to John McIlvenna, at this week's meeting, ALPA President "John Prater delivered the message that he wants the MECs to immediately engage in a process to utilize the JNC and other parties to explore fences and other career progression provisions."
Therefore, it appears the EC's desired alternative is a consensual agreement between the parties that creates fences, shared growth, shared scope protection, and a new combined contract with better pay and benefits.
I endorse this approach; however, if both the East and West pilots do not agree to negotiate some sort of an agreement similar in scope to what Prater and I have outlined then I believe there could be a very hostile toxic relationship between the East and West pilots that could cause this ship to sink faster than the Titanic.
Regards,
USA320Pilot