The American view of Arbitrator, George Nicolau

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EastCheats

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George Nicolau, arbitrator is hated by the US Airways East pilots an arbitrator of their choice rejected his decision, booted ALPA and formed a union to get around arbitration they agreed to participate. I was reading various articles and noted that he has made decisions concerning American, TWA, Reno and Eagle. We all know how the pilots of the former US Air feel about this arbitrator, how do the employees of American feel about him?

I think this is relevant considering our history with this arbitrator and a possible merger on the horizon.

Related Articles:

[background=#ffffff]Arbitrator stands by controversial list

1 commentby Dawn Gilbertson - Apr. 26, 2009 12:00 AM
The Arizona Republic

His name is a household name, often used in vain, in the pilot ranks at US Airways.
George Nicolau, an 84-year-old New York attorney best known for his longtime role as Major League Baseball's arbitrator, is the federal arbitrator who two years ago issued the merged seniority list that bitterly divided the 5,000 pilots of the former America West Airlines and the old US Airways.T[/background]
[background=#ffffff]he list is the unofficial centerpiece of a trial that begins in federal court in Phoenix Tuesday, pitting the two pilot groups against each other four years after the merger was announced.

Nicolau won't be there and says he doesn't even know what the lawsuit is about.But he says he does know this: The list was fair.
In the decision, he rejected US Airways pilots' requests for a seniority system based on date of hire, which would have strongly favored them given America West's younger age. He also weighed the career expectations of both sides and concluded that the financial future of US Airways was "not comparable to or as bright as that of America West" at the time of the merger.
He came up with a blended seniority list that put several hundred of US Airways' most senior pilots, those flying the prized international flights, at the top and ranked the rest according to a ratio based on their status at the time of the merger. US Airways pilots on furlough at the time of the merger were put at the bottom, a major sore point. One of two pilots from outside America West/US Airways on the panel issued a dissenting opinion on that point but otherwise praised Nicolau's rationale.
"I still believe it's the right one," Nicolau said of the list.
He was the only voting member of a three-member Air Line Pilots Association arbitration board that heard the case in late 2006.
Nicolau said there were plenty of "fusses" about some of his Major League Baseball decisions, but none lingered as long as the US Airways decision.[/background]



AMR, Allied Pilots Agree to Recess in Talks

California | BRIEFLY / AIRLINES

March 24, 1999|Bloomberg News

AMR Corp., parent of American Airlines, and its pilots agreed to a temporary recess in their federally mediated talks on ways to integrate low-fare carrier Reno Air Inc., which the company bought last year. The talks will resume in early April in order to accommodate the schedule of mediator George Nicolau. The parties met for a third day Tuesday. AMR and the Allied Pilots Assn. are under a news blackout and didn't discuss details, though their joint statement said "progress was made" in the first few days. Leaders of AMR's pilots union have said they fear the airline will shift their jobs to the pilots of Reno Air, which AMR bought for $124 million in December. American pilots last month staged an 11-day protest over pay, training and other issues related to the purchase, forcing cancellation of 6,600 flights before a federal judge intervened. The Reno Air pilots union isn't participating in the mediated talks, a union spokesman said. Although the Reno Air union has been trying to meet with the AMR pilots union, it's made little progress, the spokesman said. Reno's 300 pilots oppose losing seniority to their counterparts at American, which would result in them being assigned less favorable flight schedules. Reno's pilots earn an average salary of $65,000, compared with American pilots' average salary of $150,000. Separately, Reno Air said it will begin new service between Orange County's John Wayne International Airport and San Francisco International Airport effective May 1.

American, pilots union resolve TWA dispute

Dallas Business Journal
Date: Tuesday, April 10, 2001, 1:17pm CDT

FORT WORTH -- American Airlines resolved its long-standing differences with the pilots' union over the acquisition of Trans World Airlines late Monday, shortly after a federal appeals court cleared the way for American to close its historic deal with TWA.
Depending on whether United Airlines wins approval to merge with U.S. Airways, American's TWA purchase for $724 million in cash and the assumption of $3.5 billion in debt could make the Fort Worth-based carrier the largest airline in the world.
American and the Allied Pilots Association emerged from six weeks of negotiations with private mediator George Nicolau Monday and outlined a phased-in program to handle American's transition as the new owner of St. Louis-based TWA.
American said it promised steady growth in the number of captains' slots for its flight crews, a "hard fence" around TWA L.L.C. that will keep operations separate from American during the transition, restoration of length-of-serve credits for American's pilots who were previously furloughed, and a transitional program for integrating TWA pilots into American's work rules and payroll system.

Arbitrator tells American Airlines to hire 35 American Eagle captains

5:09 pm on April 9, 2010| Permalink

Arbitrator George Nicolau ordered American Airlines on Friday to let 35 American Eagle CJ captains transfer to American and begin training by June.
UPDATE: KEEP READING DOWN AT THE BOTTOM FOR THE AMERICAN EAGLE MORE-LEARNED EXPLANATION OF THE NICOLAU DECISION.
In all, 286 senior Eagle CJ captains will be given the chance to transfer to American.
Nicolau’s opinion and award wraps up a long dispute involving American, American Eagle, the Allied Pilots Association, which represents American’s pilots, and the Air Line Pilots Association, which represents Eagle pilots.
The dispute stems from a 1997 agreement that allowed some American Eagle pilots the option to transfer to American as opportunities arose.
After Sept. 11, American was forced to furlough nearly 3,000 pilots, including many that had come to American from Trans World Airlines.
ALPA said that when American recalled some furloughed ex-TWA pilots beginning in June 2007 and through March 2009, the slots should have gone to American Eagle pilots per the 1997 agreement.
A previous arbitrator had agreed with ALPA, but that decision didn’t determine how the problem would be remedied.
With one group of American pilots furloughed in late February and others possible, Nicolau’s decision made this provision:


“There shall be no furloughs as a result of these
transfers. If, for other reasons, a furlough is
deemed necessary during 2010, 35 pilots
furloughed shall receive two additional months
furlough pay in the amounts set forth in the
AA/APA Agreement.”​
 
Does it really matter what American employees think of a particular arbitrator? Binding arbitration is binding.
 
Good read, but at 84 he should hang it up already. Guess some people can never make enough money in their lifetime.....
 
I'm sure the mechanic is a great guy, and I'm sure that his bank account is a bit smaller than Mr Nics....
The mechanic is most likely working to survive, and this guy is just stock piling more cash. I'm sorry, but the word greed comes to mind when I hear of an 84 year old lawyer still dealing in major cases.
 
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I appreciate the responses. The Nic decision is at the heart of our dispute which has kept Parker from completing the previous merger. He's looking to merge with American. There are going to be arbitrations in the future if the merge goes forward. Knowing this, I dug into some of his previous arbitrations which includes American. By design, an arbitration is not going to make everyone happy. I know with the America West side was not happy about the fact that the first America West pilot was integrated at about the 500th position because US Airways had wide-bodies. The US Airways side was not happy with an America West pilot with a later DOH, being placed ahead of a US Airways pilot, although furloughed at the time of the merger announcement in 2005. His reasoning being furloughed pilots should not replace pilots actively flying. He rejected DOH in favor of relative seniority since our companies were formed at different times. Bottom line if you were at the 50 percentile of the previous company you remain at roughly the same position of the new company. This methodology ws used to integrate Delta and NW.

Nicolau's age is used as an argument as Wings noted. Age was used be the US Airways side in the Addington trial with the East pilots arguing Nicolau's
decision placed "less experienced and younger pilots" ahead of the "older and more experienced East pilots", Sully was brought into court in an attempt to influence the jury which was ultimately rejected. Age and experience seems to matter when piloting an aircraft but not with arbitrators.

It all boils down to is there a problem with the man or is it the process of arbitration flawed? Or Niether.
 
Please understand that I am not taking any sides in his decision. I was merely shocked by his age, and the fact that he was still involved in such a major case.
 
Trying to compare piloting an aircraft with career expectations?

DOH sounds great if you're on the side getting the windfall from it. Dovetailing as was done in the TW case minimizes the windfall. The Reno guys got a 100% pay raise, which minimized the amount of pissing and moaning. They also still have jobs, which likely wouldn't have been the case had they remained independent. Both TW and QQ would have been collateral damage after 9/11.

With age comes great wisdom and respect.

But it doesn't automatically entitle you to pick of the crop. In an acquisition, the guy who chose to work for Company A should always come ahead of the guy who earned his wings working for a competitor, even if he had no say in that company being acquired or merged.

In a true merger of equals, perhaps DOH is the fairest way, but there have been very few true mergers of equals. I don't consider HP/US a merger of equals -- US was on the verge of extinction. HP was generating cash.
 
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Please understand that I am not taking any sides in his decision. I was merely shocked by his age, and the fact that he was still involved in such a major case.

I understand your argument, Wings. Thanks for contributing to the conversation.
 
Please understand that I am not taking any sides in his decision. I was merely shocked by his age, and the fact that he was still involved in such a major case.

Side note... I saw video of Clint Eastwood today endorsing Romney. Eastwood is 82, and still looks 60.
 
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Side note... I saw video of Clint Eastwood today endorsing Romney. Eastwood is 82, and still looks 60.

I don't know how Nicolau looks but he's had time to build quite the resume:

240 East 39th Street-Ste. 34G Clonmeen Lodge
New York, NY 10016-7209 Banteer, Co. Cork, Ireland
Tel. (212) 777-5032; Fax. (212) 777-7397 Tel. 029 56952; Fax 56953
E-Mail: [email protected] E-Mail GNicolau@aolcom
DATE OF BIRTH: 2/14/25
EDUCATION: University of Michigan (B.A. Political Science, 1948),
Columbia University School of Law (J.D. 1951)
OCCUPATION: Full-time arbitrator, mediator and attorney
UMPIRESHIPS: Industry Chairman, League of Voluntary Hospitals/1199
National Health & Human Services Employees Union (1993--); International
Ice Hockey Federation/National Hockey League (2000--); National
Basketball Association Agency Regulations (1986--); Impartial Member,
New York City Office of Collective Bargaining (1987- ); New York City
Transit Authority & Transit Supervisors Organization, TWU (1995--);
Mediation Chairman, Dispute Resolution Protocol, American Airlines/Allied
Pilots Association (1999--).
Chairman, Major League Baseball/Major League Baseball Players Ass’n.
(1986-1995); National Hockey League/NHL Players Ass’n. (1993-1996);
National Basketball Association & NBA Players Ass’n. (1979-1981); Major
Indoor Soccer League & MISL Players Ass’n. (1980- ); NBC & NABET,
(Washington 1976-87, New York & Chicago 1980-1987); ABC & NABET
(New York, Washington & Chicago 1980-1987); Tanker Service Committee
& District No. 4, NMU/MEBA (1991 -1998); Maritime Service Committee &
NMU/MEBA (1991 -1998); Tanker Service & Dry Cargo Service Committees
& MEBA-No. 1, Pacific Coast Division (1999-2003); Local 144, SEIU &
Southern New York Health Care Facilities Ass’n. (1988-92).
PANELS: Alaska Airlines & ALPA/AFA/IAM/AMFA/TWU; Aloha Airlines &
ALPA/AFA; American Eagle Airlines & ALPA/AFA; Continental Airlines &
ALPA/IBT; Delta Airlines & ALPA; Northwest Airlines & ALPA; United
Airlines & ALPA/AFA; UPS & Independent Pilots Association; Actors Equity
Association & League of American Theatres & Producers/League of Off-
Broadway Theatres & Producers; Writers Guild/Directors Guild &
MMPA/ABC/CBS/NBC; SAG & MMPA; New York Times & Newspaper Guild
of New York; CSX & MEBA; UPS & IBT (National Panel); Verizon NY/ NJ/
PA/VA,WVA & CWA/IBEW; Bell South & CWA; AT&T & CWA; AT&T &
CWA/IBEW (Neutrality and Consent Election Agreement); City of New York
& PBA/Sergeants Benevolent Association; New York Shipping Association
& ILA; Independent Film & Television Alliance; UAL & AFA (Grievance
Mediation Panel—New York Domicile).

2
George Nicolau - 2 -
Former Panel Member: Pan Am World Airways & ALPA; Pan Am &
Independent Union of Flight Attendants; TWA & ALPA, TWA &
Independent Federation of Flight Attendants; City University of New York
& Professional Staff Congress.
PROFESSIONAL AFFILIATIONS: President, National Academy of
Arbitrators (1996-97); President-Elect (1995-96), Vice President (1992-
94), Executive Committee (1988-89, 1992-94), Board of Governors (1986-
89); Member (1975-); Charter Member, International Society of
Professionals in Dispute Resolution (1973), Member, Board of Directors
(1984-87) and President (1987-88); Member, International Society for
Labor Law & Social Security (1980-), Executive Board, American Branch
(1995-); Vice Chairman, U.S. Branch & Member, International Executive
Committee (2000-); Board of Directors, College of Labor & Employment
Lawyers (2000-2006); Member, Association of the Bar of the City of New
York (1951-), Chairman, Committee on Labor & Employment Legislation
(1972-75); Member, ABA; Industrial Relations Research Association, and
Panels of AAA, FMCS, New York State PERB and New York City Office of
Collective Bargaining.
FORMER POSITIONS: Navigator, 8th Air Force (1944-45); Labor
Relations Attorney, Sheehan & Harold (1951-54)) and Cooper, Ostrin &
DeVarco (1954-63); Deputy Director, Special Projects, U. S. Peace Corps
(1963-65); Deputy Regional Director, U. S. Office of Economic
Opportunity (1965-66); Commissioner, New York City Community
Development Agency (1966-68); Executive Director, The Fund for the City
of New York (1968-70); Vice President & Executive Director, Institute for
Mediation & Conflict Resolution (1970-1980).
VISITING PROFESSORSHIPS; Pepperdine Law School (1990, 1992, 1994)
& 1996); Cardozo Law School (1991, 1993, 1994 & 1997); Cornell
University School of Industrial & Labor Relations (1984- ).
PUBLISHED WORKS: Community Disputes and the Resolution of Conflict:
Another View (with Gerald Cormack); (Arbitration Journal, Vol. 27, No. 2,
1972); Grievance Arbitration In A Prison: The Holton Experiment
(Resolution, Vol. 1, No. 3, 1975); Effective Advocacy In Arbitration, (NYU
38th National Conference on Labor, Matthew Bender & Co. 1985); Can
the Labor Arbitration Process Be Simplified? Annual Meeting, National Academy of Arbitrators, BNA Books, Inc 1987);

(Proceedings of the 39th



George Nicolau - 3 -
The Qualifications Dilemma: the Pros and Cons of Setting Mediator
Qualifications (Fifth New York Conference on Dispute Resolution, NYS
Office of Court Administration 1988); Wait ‘Til Next Year: Musings of
Baseball’s Arbitrator, (NYU 42nd National Conference on Labor, Matthew
Bender & Co. 1989); Post-Discharge Conduct: A Look Back and A Look
Ahead (Proceedings of the 43rd Annual Meeting, NAA, BNA Books,
Inc.1990); Arbitral Response To The Troubled Employee (Paper presented
at the 15th Annual Collective Bargaining Conference of the FMCS and
the IRRA, Northwest Chapter, Seattle, Washington, 1991); After-Acquired
Evidence In Arbitration: Will McKennon v. Nashville Banner Make a
Difference?, (Arbitration Journal, Fall 1995). The Future of Labor
Arbitration, (Dispute Resolution Journal, April-Sept.,1996); The National
Academy of Arbitrators at Fifty, (Dispute Resolution Journal, April 1997);
Whatever Happened to Arbitral Finality: Is it Their Fault of Ours?, (CCH
Labor Law Journal, Vol. 48, No. 5, May 1997);


Ramifications for Employees, Employers & Practitioners, (University of
Pennsylvania Journal of Labor & Employment Law (Vol. 1, No. 1, Spring
1998); The Presidential Address: The Challenge and the Prize, Proceedings
of the 50th Annual Meeting, National Academy of Arbitrators, BNA
Books, Inc. 1998;O Functus Officio: Is It Time To Go?, Proceedings of the
51st Annual Meeting, National Academy of Arbitrators, BNA Books,
Inc.,1999; Discipline In Sports, Hofstra Labor & Employment Law Journal
(Vol. 17, No. 1, Fall 1999); A Comparison of Union and Non-Union
Employee Protections in Ireland and the United States, New York
International Law Review, Winter 2001, Vol.14, No. 1 (2001);
Reminiscences, Proceedings of the 56th Annual Meeting, National
Academy of Arbitrators, BNA Books, Inc. 2003;Implementing Remedies
and Retaining Jurisdiction: The United States Perspective, Proceedings of
the 57th Annual Meeting, National Academy of Arbitrators, BNA Books,
Inc. 2004); Is It Time for a National Unfair Dismissal Act? Proceedings of
Gilmer: Its Implications and


the 59th Annual Meeting, National Academy of Arbitrators, BNA Books,
Inc. 2006.
Recipient, Distinguished Service Award of the American Arbitration
Association (Arbitration Day, New York, NY, May 1987.
 
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