Yes, it may. (But I asked this before and got no response: So when's the vote already? Two weeks have passed since I last asked it and still nothing. I'll try again. When's the vote? If you're not happy, go already! Shoo!)
Sorry Bear, but I am unhappily employed at NWA!

If ALPA doesn't grow up, I am more than ready to show them the curb and save a few thousand in dues each year. My understanding is members of the APA only pay 1% and they are probably getting better representation. If the union is going to create divisive national policies, I have a strong desire to cut our subsidizing the elite 3 piece suit, briefcase carrying individuals who "think" they are "pilots" but would rather play tiddly winks in Herndon and "rub shoulders" with congressmen and feel and inflated sense of self importance.
I think this is both a stretch and a non-sequitur. You seem to be under the impression that the ALPA merger policy is obviously unfair. However, the fact remains that ALPA, through a process of representative democracy, adopted the policy. Presumably, a good number of ALPA-represented pilots preferred the current policy over a strict DOH policy. They think it is fairer the way it is now. The LCC/East group would therefore seem to be an outlier in its thinking. So maybe it is better for ALPA if East pilots go their separate way, if their thinking is so different from the majority of other ALPA pilots.
To my knowledge, either on a local level or nationally, the membership has never been polled on the issue of national merger policy. Many probable weren't even aware of what it says. Failed leadership has created such apathy that at any level, things tend to get done in the back room, or the dark of night, absent the view or oversight of the rank and file membership. Many times on the National Level it breaks down to things simply be done according to who the Elephants and Ants are and having nothing to do with the spirit of brotherhood. Every BOD you have the various MEC's go down with political animals in tow and outside of the "boy's club" vacationing, anything that is done is deal cutting, strong arming and political in nature.
Even if the membership's wishes were known, there is a fair chance they would not be followed. Age 60 is a terrific example. Both by poll and survey the majority of ALPA pilots indicated they wanted their "union" to maintain it's position of mandatory retirement at age 60 and yet by an 80% majority the executive board voted to change ALPA's stance on the issue. I'm 58, 30+ years in and in the top 2% but I was ready to concede retirement to the wishes of the union. The union only cares about those in power not the wishes of the rank and file. They will use the argument that, "well it was going to happen anyway, so we need to be part of the process." What bull####! Do what your membership asks, or just go ahead and quit fighting cabotage because hey its going to happen anyway. Might as well concede the next contract will be concessionary and start figuring out where the cuts will hurt the least.
It's no wonder there are currently 8 DFR lawsuits against ALPA from 5 different carriers and there may be even more than that.
Seems like the U pilots have been dragging the industry-wide bar down for years now, as ALPA members. NOW all of a sudden they are concerned with the effect their caving in to management will have on the industry as a whole? Isn't it a little late to be wringing your hands over that?
No argument there but hey, you must think what is happening is going to reverse that trend instead of accelerate it, since you seem to think what is happening to the East pilots as fair, right, and something ALPA should defend.
🙄
But according to the East spin-mongers, a good chunk of the East pilots are mostly about to retire in a couple of years anyways, right? (You know, all the screaming about how the arbitrator didn't adequately consider "attrition.") So your concern shouldn't be a major threat for very long, right?
Again ALPA just changed it's Age 60 stance against the wishes of the majority, so they get to drag down the industry for another 5 years.
I agree that is the major drawback with a policy like that which ALPA adopted, as opposed to a purely objective measure like DOH. However, a rigid DOH method would cause "unfair" outcomes in certain situations as well. There are plusses and minuses to both concepts . . . advantages and drawbacks to each . . . two sides to every coin . . . you gotta take the good with the bad . . . I won't get bogged down in cliches, but that's life. ALPA chose the more subjective system, despite its faults, because in the eyes of the majority of ALPA members (or at least representatives), the good in such a policy outweighed the bad.
Again you quote the majority as if ALPA knew what the majority opinion was or would have even followed it. DOH along with conditions and restriction could have accomplished all the goals of the current policy, whatever they really are since any two people could ague them differently.
The problem with going down that road is that if you set the standard for "fair and equitable" to be what you appear to want it to be and throw out this decision, in any future merger someone will ALWAYS be able to argue that a given merger was not "fair and equitable." Under the current policy, the solution to that problem must be that "fair and equitable" is what an arbitrator says it is.
If the award is tossed then the prudent thing for the BOD to do, would be to have the National Merger Committee to rewrite the policy and remove the vagaries. An arbitrator's decision should not be viewed any differently than a rouge judge who makes a decision inconsistent with the law. You use the appeals process, which in this case, would be the ALPA executive council.
You are making a distinction without a difference. You can try to characterize this as "wholly internal." Arbitration, like the U.S. system of litigation, is at its heart an adversarial process. It is therefore more accurate and useful to characterize the merger that happened as East vs. West (rather than some sort of "internal process"), just like a traditional grievance is Management vs. Union. The two situations are comparable in material ways.
My point was that if a party (East; Management) that initially agreed to binding arbitration is later permitted to renege on that commitment just because it doesn't like the outcome of the arbitration, that makes the whole system break down. You can't say, "OK, I'll agree to binding arbitration if I win the arbitration. If I lose the arbitration, all bets are off and we'll just keep starting over until I get the outcome I want."
Not only does it have the "authority" to do this, but is has the obligation to do so.
Actually you can agree to binding arbitration and appeal the outcome in court and have an award vacated on certain grounds.
Could you please point to the ALPA policy, bylaw, constitutional provision or whatever to which you are apparently referring that permits ALPA to second guess an arbitrator's decision in a situation like this and decide if it wants to "allow" it before it becomes binding? I have asked this before but never gotten a response. From what I have seen posted here several times previously, the ALPA policies / bylaws / etc. indicate ALPA is obligated to follow the arbitrator's decision in this matter. But if there is something in ALPA's rules I am not aware of, please educate me.
The policy mandates that the award combine the pre merger seniority list in a "fair an equitable" manner keeping in mind 5 goals. I mean come on, "fair and equitable" and "keeping in mind". It's a non-speak policy and someone should have seen this disaster coming. ALPA administers it's own merger policy and is charged with being the one to present the combined list to the company. ALPA has jurisdiction in this matter, not the NMB or some other entity. If the arbitration board was erroneous or misrepresented the goals in regards to the policy, ALPA can use it's authority under the merger policy "interpret and application". Application of this policy is charged to the Executive council, which I imagine is the authority being exercised currently in not turning over the Nicalou list to US Airways. I can't remember when this broke but I think they have held the list back for about a month now.
You are correct, but "settling policy disputes" is different than "following an arbitration decision." You are trying to change the subject. What "policy dispute" is there? Has there been a motion brought at an ALPA EC meeting to change the merger policy (or whatever the policy is within ALPA to change policy)? If so, great; let it go through the process.
I believe that is currently where this is.
Maybe that is the problem. Maybe the East pilots thought there was some sort of dispute or argument about the merger policy that was actively being debated at the time of the arbitration. There was not. Or perhaps the East pilots thought the arbitrator's job was to make up a policy on the fly on his own to apply just to this situation. That is something an arbitrator does not have the authority to do (unless the parties gave him that authority, which they did not in this case).
Again, due to it's subjective nature and evidenced by the opinions here, they believe the arbitration board failed on every count and there is nothing "fair and equitable" about it. The executive council is obviously making a determination on whether that opinion is correct.
Along with trying to determine the political winds, ascertain the potential fallout, and of course the legal ramifications of whatever their decision is. <_<
The policy was (is) what it was (is). There was no dispute. The arbitration panel was told, "Resolve this dispute based on this criteria." The panel was obligated to follow the ALPA merger policy as written.
ALPA doesn't even know what their policy really says. Who gets to determine what "fair and equitable" is? I guess the executive council does and that has a lot more to do with politics than anything else.