What doe this mean?
Usairways Doc 178, Usairways legal position.
Usairways Doc 178, Usairways legal position.
The Transition Agreement here is not merely a tentative agreement. It is a fully-executed
CBA, signed by the airlines, the union, and the Master Executive Councils which
separately represented the East Pilots and the West Pilots. (See Doc. No. 156-3 at 40-41.)
Upon execution of the Transition Agreement, the parties (including ALPA at first and
then USAPA) treated it as a binding contract: they acted in accordance with the Transition
Agreement’s terms by, inter alia, adjudicating grievances regarding its interpretation and
application pursuant to its dispute-resolution procedures. (See Doc. No. 164 at 9:13-25.)
The fact that the Nicolau Award has not yet been implemented does not change the fact
that the Transition Agreement contains a commitment to the Nicolau Award, and such
contractual commitment is therefore part of the status quo.4