Those sections were surgically removed by the company for a reason. I suspect the company has every intention of violating that section of the contract and has even stated so publicly.
Mr. Kirby states that the status quo provisions of the RLA prevent the LOA 93 pay freeze from expiring. He has either received some incompetent legal advice or is lying to manage pilot contract expectations. It is true that LOA 93 itself does not expire and only becomes amendable on 12/31/09 but the company is still obligated to return pilot pay to the LOA 84 rates.
In the book Railway Labor Act by M. Abram states:
"Carriers and unions at times attempt to define in their collective bargaining agreements what terms and conditions will apply during negotiations for a new agreement. The typical circumstance in which this issue arises involves parties who executed an agreement with a snap-back clause or similar provision, providing that earlier terms or other provisions apply following the amendable date of an agreement. This occurs, for example, when a union has granted a bargaining concession to the employer but has sought to limit its duration. The second Circuit has sustained such an agreement, holding that the parties may by agreement provide terms different from those in the collective bargaining agreement will apply during the status quo period......The employers obligation under Shore Line and subsequent cases is to maintain rates of pay, rules, and working conditions. To the extent that rates of pay, rules, and working conditions are defined by a CBA, the question arises whether, in a case where the meaning of the agreement is disputed after an agreement expires or becomes amendable, a court or an arbitrator should interpret the agreement.â€
The LOA 93 pay freeze ends on 12/31/09. No snap-back clause is needed since the pay freeze expires and thus returns to LOA 84 rates. The status quo provisions of the RLA apply only to new agreements to pay etc. and not to previously negotiated CBA terms.
The company won't be able to use Kirby's stated status quo defense and deleting the provision from the company copy won't help them either. The dispute will probably end up with an arbitrator and we all know arbitration decisions can be..... arbitrary.
underpants
My oh My! 😉
