FYI. The company has already chosen the Nic.
Crack open the DJ transcripts.
Charlotte-
You say they chose the Nic. Why is it not now the methodology used then? Very simple answer, but you refuse to answer. It is simple, they can't. It has to be in a CBA. And now there is a new bargaining agent that does not pro offer the Nic in anything. It is a new day, a new game, and the APA cannot carry it forward because it never is, never was.
9th Court of Appeals San Francisco-
7] Plaintiffs correctly note that certain West Pilots have
been furloughed, whereas they would still be working under
a single CBA implementing the Nicolau Award. It is, however,
at best, speculative that a single CBA incorporating the
Nicolau Award would be ratified if presented to the union’s
membership. ALPA had been unable to broker a compromise
between the two pilot groups, and the East Pilots had
expressed their intentions not to ratify a CBA containing the
Nicolau Award.
Thus, even under the district court’s injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilots’ preferred seniority system ever
would be effectuated.
So even if the company said the Nic is the method, the 9th says otherwise. All it takes is another trip to the same 9th, and the outcome is the same. Your statement is patently FALSE. To carry forward and be used by the APA the Nicolau Award has to be voted in successfully in a CBA. It cannot be used any other way by the APA. You have to get it voted in first. That is the ONLY way.