Mr. Swan,
Never signed, what could you possibly mean by that? Both sides had an agreement to use the results of the Arbitration. That was agreed to and signed for in the TA by your representatives and ours, Not Alpa National but YOUR elected fellow pilots. Your fellow pilots representing YOU went to Arbitration, what resulted is the fruits of their action (or inaction) Alpa was not at the Arbitration hearings. I went there and didn't see them anywhere only your fellow East pilots. It was the "bargin" often spoken of. This is not a new concept. The Nicolau list became the LCC list in Dec 2007 when Parker wrote us all a letter accepting it. This is not a porous idea, it is the truth. If it is not, then why is there currently a Federal Injuction prohibiting usapa from changing the "NICOLAU" list. It because its the LIST. This is not some porous idea. Its law. The TA prohibits LCC from implimenting "THE LIST". Should a BK occur, and things go away in BK, I'm sure you know about how that works. If the TA goes in BK then you will instantly realize the Nicolau list as the restriction of implimentation will be gone.
You are right Parker could ask the Judge to implement the list. But at this point its a business decision to keep 2/3rds of the pilot payroll on bargin basement rate for as long as they are willing. Your pay will stay there until you decide to change it. CONTRACT! Snapback, Snapback etc. Good luck. If your were to win that, BK is not long behind, (see first paragraph, last line)
You are correct Seniority is negotiable. However if you propose to advance the majority at the expense of the minority in doing so and you are found liable by a jury of violating your DFR that usapa assumed from Alpa, then when the Judge issues an Injunction barring usapa from negotiating seniority, it is no longer negotiable. What part of this us unclear?
LETTER OF AGREEMENT
between
AMERICA WEST HOLDINGS CORPORATION, AMERICA WEST AIRLINES, INC., US AIRWAYS
GROUP, INC., and US AIRWAYS, INC.
and the
PILOTS
in the service of
AMERICA WEST, INC. AND US AIRWAYS, INC.
as represented by
THE AIR LINE PILOTS ASSOCIATION
______________________________________________________________________
__
TRANSITION AGREEMENT
______________________________________________________________________
__
If the TA keeps Parker from using the list then it is also the TA that binds you to the list. You don't get to pick which ones you will honor.
Flip