The TA is NOT A CONTRACT...it is a means by which the company will agree to "open" and agree to "merge" if you will, two separate CBA's into ONE. PERIOD. It is a possible means to an end....an end that as of now has not come to an end because of a lawsuit. Having said that, USAPA's, ALPA's, IAM's, etc....ONLY DUTY is to represent ALL persons in the craft or class, all those that are NOT members in good standing the same as if they WERE members in good standing under the CBA. The ONLY "contract" you OR I have IS the CBA. There is NO other "contracts". They owe ALL of us a duty to bargain for a CBA that a majority WILL RATIFY. Period. If they DO ratify a CBA, then it is THEIR DUTY to administer it on behalf of ALL the pilots affected by the CBA.
If YOU remember, the DISCRIMINATORY prong of YOUR lawsuit was discarded, so discrimination was NOT part of the Plaintiff's arguments, even though Wake allowed that word into the jury instructions. "Bad faith" was THEE only argument your anti-labor union lawyers made. But that point is now MOOT!
But if and UNTIL you vote, you still get...NOTHING FROM NOTHING! At that, sir, is the real REASON the 9th rules the way they did....to prevent us from the purgatory hell of the M-I-N-O-R-I-T-Y!!!! That, sir, is a FACT!! You can twist their words any way you want but the result is still the same.
Taken from the TA
VI. Operational Pilot Integration
A. Except as provided in paragraph B. below, the airline operations of America West
and US Airways, with respect to pilots, shall be merged no later than twelve (12)
months following the later of (i) completion of the integrated pilot seniority list
and (ii) negotiation of the Single Agreement provided that if by that date a single
FAA operating certificate has not been issued, the airline operations, with respect
to pilots, will be merged effective with the first bid period following thirty (30)
days after the issuance of such certificate. The Airline Parties will make every
reasonable effort in good faith to secure a single FAA operating certificate for
America West and US Airways as promptly as practicable. The merger of the
airline operations, with respect to pilots, under this paragraph A. is defined as the
“Operational Pilot Integration.”
Take a look back at all the posts by usapa supporters on this board and also in a federal court of law. They state words to the effect that (ii) will never happen to prevent (i) that already has happened which is the NIC and was accepted by lcc. This letter ACCEPTING the NIC by meeting all the criteria in the TA was signed and dated by lcc ceo doug parker.
Just emailed a copy of this letter to doug and company officials to help refresh their memories.
The 9th's opinion has not changed the TA and or our contract. Single Agreement/contract between lcc and the pilots of uairways means the NIC is the list.