Because US/EAST knows/knew that they are the majority in any vote and any processCan anyone answer me why they would agree to binding arbitration and not accept the award that is legally binding on them?
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Because US/EAST knows/knew that they are the majority in any vote and any processCan anyone answer me why they would agree to binding arbitration and not accept the award that is legally binding on them?
After reading what can only be described as regurgitated BS over the last few days, I am convinced more than ever this merger should have never taken place. We “morons†at AWA would have continued to grow and prosper while you SOBs in the East continued to rot in hell. Oh how I wish I could change the past.
I’ll never fly with an arrogant East prick.
I disagree. The rules are now poorly written and nebulous. Even so, the merger rules as written state that windfalls should be avoided. When you completely disregard DOH, or length of service, or longevity, or even date of ALPA; then the other party realizes a huge windfall.
Also, agreeing to accept the arbitrator's ruling presupposes that the ruling will be rational. This ruling demonstrates the need for mandatory retirement criteria for arbitrators.
If I were a 30 year old again and a 55 year old who was doing this job twenty years longer jumped ahead of me for captain upgrade, I would be dissapointed, but I would get over it quickly knowing that my time would come, that he payed his dues and that the system is basically fair.
MEC Letter to ALPA President Captain John Prater
May 8, 2007
Dear Captain Prater:
I understand that the AAA MEC has adopted a Resolution asserting that the merged AWA/AAA seniority list created by the Panel chaired by Arbitrator George Nicolau is not “fair and equitable†and calling on the “Executive Council [to] receive a presentation regarding the Nicolau Award from [the AAA] Merger Committee at its next regular meeting.†The purpose of this letter is not to debate the fairness of the Award – everyone is free to have their own personal view on that point. Rather, it is to state, in the strongest possible terms, the AWA MEC’s opposition to that request on much more fundamental grounds.
ALPA Merger Policy was specifically crafted to remove ALPA from substantive decision-making when it comes to the integration of seniority lists. The entire premise of that Policy is to leave to autonomous merger committees the task of merging seniority lists, with arbitration before a three-member panel chaired by a neutral as the ultimate “backstop†in the event the merger committees cannot reach agreement. Once a panel issues an award, that award – by Merger Policy’s express terms - “shall be final and binding on all parties to the arbitration and shall be defended by ALPA.â€
That commitment is the centerpiece of Merger Policy. It is the assurance that ALPA will not intervene in the decision-making process that establishes the integrity of the process. Any deviation from that important principle would wipe out decades of precedent and would entirely destabilize the seniority integration process, turning it into a contest over who shouts the loudest. More to the point, it would be a breach of faith with the ALPA membership that has come to rely on the integrity of the Policy and would be a breach of ALPA’s fundamental governing documents.
All that being so, the Executive Council’s acquiescence in the AAA MEC’s request for a meeting to receive a presentation on its perception of the fairness of the award will do nothing more than create mischief. It will create false hopes in the AAA pilot ranks when, in fact, ALPA cannot do anything to upset the award. And it will create needless anxiety among the AWA pilot ranks that the hard work of the last two years may be undone when, in fact, ALPA cannot undo it.
It is time for ALPA to state strongly, clearly, and quickly to both the AAA and AWA pilots, in terms each will understand, that the Nicolau Award is “final and binding,†that it will be that list (together with it Conditions and Restrictions) that will govern seniority at US Airways, and that ALPA will defend that list against any attacks that might be brought by anyone. Anything short of that clear and unambiguous statement will do the Association and the pilots it represents irreparable harm.
Please do not hesitate to call me if you have any questions about anything in this letter.
Sincerely,
MEMBERS OF THE AWA MEC.
<s>
Wait a minute... I thought the AWA MEC also thought this award was unfair, and that they didn't get enough... What better way to get more, they should also demand this meeting so they can show all the inequities in the award to the AWA pilots....
Perhaps.lawsuit inevitable
Whom are you referring to by "you"? We, the AWA pilots, didn't get away with anything. Both sides went into arbitration knowing the risks. And BTW, I'm part of the TWA Pilots' DFR lawsuit against ALPA, now in its fifth year of litigation and depositions aren't even over. If you're putting your hopes on a lawsuit you'd better have a big bank account ready and close to a decade to wait...you aint getting away with this one.
And a dollar doesn't equal a pound sterling... DOH policy as a sole measure was flawed and thus changed by a majority vote in ALPA for a reason- your views are inconsistent with ALPA policy and more specific to this case not in agreement with the arbitrator, the neutral pilots on the board and basic common sense.
It was changed by UAL in the face of a AAA-UAL merger. That is all.
Suppose AWA bought a two-year old commuter and now you, an eight year pilot at AWA is yanking gear for a 1.4 year commuter captain? Yeah, I feel snarkelly safe, but possible with the Nicolau ruling, as you argue for.