Huh? There are many non-union carriers who utilize a seniority system. The company will do what is easiest for them and that is get past the seniority integration using the least-risk process - using the Nicolau award. They have firm legal footing to do so and by getting the integration behind them, they can go forward with any other ambitions thay might have.
I agree that the company would likely not negotiate and if necessary they would make pay cuts. But they know that the airline is not likely to remain permanently non-union and they will eventually have to negotiate with a divided pilot group. The up side for the company is that there would never be a strike vote, but the downside is that negotiations would be pointless since there would be at least a couple of automatic vote-downs just to get that out of the east system.
Going non-union simply unbundles the Nic Award to a contract vote and that is ultimately what it will take to move forward.
And for the life of me, I can't see how the thinking out east works. If they would acknowledge that the seniority integration battle is done, they could have their union and a contract and a future with some sense of security. Instead, we all must go through the painful process of eliminating the single roadblock to integration and a future: USAPA (more precisely Cleary and his fear mongering).
If someone would point out some names of east pilots who have promoted a pro-unification platform and provide proof that this platform had widespread support, then I would say there is some hope of salvaging USAPA.
Absent that, it's time to flee this burning circus tent. DC seems to have come to that understanding.
I am looking at the West play book now and we are formulating a new plan "B".
First, it will take several months for the appeal to play out. No CBA.
Second, appeal to Supreme Court. No CBA.
Thirdly, if the anti-union Leonidas and the anti-union law firm succeed, the bankruptcy and dissolution of USAPA. No CBA. No Nicolau, no LOA 93, No transition agreement. EMPLOYMENT AT WILL.
I DISAGREE with you on THIS POINT: The least risk prcess is for the company to keep the government out of the process, They've been to the Supreme Court once and received a favorable ruling regading seniority there...the company uses DOH for non-rev travel for ALL employees, the company uses DOH for promotion and furlough with all employees, the NICOLAU award CANNOT GO INTO EFFECT WITHOUT A UNION VOTE under the terms of the transition agreement (union created), so if the union disappears....no Transition agreement, NO AWARD!
In short, they have NO REASONABLE AND COMPELLING ISSUE that resolves giving you greater treatment for your years of service over mine. NONE! And there is where we find OUR protection....AGE/LONGEVITY discrimination. Remember, the company MUST have a good reason to integrate the pilots who are in the same craft or class by something other than what PAST PRACTICE and other employee groups have.
We then, Fourthly, form an LLC with a charter that protects the East pilots adversely affected by any seniority descision by the company implimenting a seniority system that all the other employee groups use by filing an EEOC claim as a class action group of pilots affected by disparate treatment.
Remeber,
a seniority system in a union can have some disparate treatment if, as a whole, the majority have a vested outcome (majority vote). Here, an EEOC claim- a legally STATUTORY FEDERAL RIGHT (as opposed to a union process..aka nicolau) - IS a protected right as disparate treatment if:
All other employees use a DOH seniority system
Some employees (517) got their DOH which is normal treatment by the company for all employees
Some employees (1500 West pilots) got greater treatment by the company for SOME employees
Some employees (3000 East pilots) got LESSOR treatment by the company for THESE employees
The EEOC is our only protection and we intend to use it. At this point in time, I would say that the U in Union has be removed by US Airways (lucky for them) AND by an anti-labor corporation and that we now have an ONION....every slice they take are causing more tears and pain among the pilots that they are shortly going to fractionalize into a situation where the FAA is going to get involved and have to take a side on safety.
The real question is what level of involvement the FAA will do.
In short, the only way to ultimately fix this is the dissolution of the union for pilots at US Airways and form a company run committee similar to what Jet Blue has.
For me, I'm going to the EEOC. Read about it here, EAST PILOTS! Remember, this can be your only chance to get your FEDERALLY PROTECTED RIGHTS.
http://www.eeoc.gov/laws/types/age.cfm
http://www.eeoc.gov/laws/types/age.cfm
http://www.eeoc.gov/laws/types/equalcompensation.cfm
http://www.eeoc.gov/laws/practices/index.cfm