USA320Pilot
Veteran
- May 18, 2003
- 8,175
- 1,539
The proposed US Airways-AMR merger is a reverse merger similar in scope to the US Airways-America West merger with US Airways the surviving company. I believe the CoC clause does not apply in the proposed merger because US Airways is the surviving business enterprise.
If the CoC clause applies then why was it not triggered in the US Airways-America West merger?
According to APA, "Airline industry seniority integrations are now governed by the McCaskill-Bond Amendment, which became law in 2007. McCaskill-Bond requires a “fair and equitable” integration of seniority lists and includes a provision for a negotiated settlement between the parties. If the integration cannot be settled within 20 days, either party may refer the dispute to a neutral arbitrator, who must render a decision within 90 days. (In practice, the parties generally agree to extend the time limits as necessary.)"
At the April 20 APA DFW Domicile Meeting APA President Dave Bates how badly the AW-LCC seniority merger was done and said that this will be the opportunity to fix this for once and for all. It will fall under McCaskill-Bond which means it will be a 3 member board that decides if we can’t negotiate a deal and it will stick. There will be some kind of hard fence for wide body pilots.
Then later in the meeting apparently APA Membership/Furlough Committee Chairman Rusty McCaniels indicated APA's lawyers had differing opinions on It (the SLI), but said it should come out to where if you are at the 50 percentile point on your fleet your combined seniority number would put you at that place. Said that this along with seat pay protection might solve the Supp CC problem but if not then it would be decided by another 3 person panel.
If the CoC clause applies then why was it not triggered in the US Airways-America West merger?
According to APA, "Airline industry seniority integrations are now governed by the McCaskill-Bond Amendment, which became law in 2007. McCaskill-Bond requires a “fair and equitable” integration of seniority lists and includes a provision for a negotiated settlement between the parties. If the integration cannot be settled within 20 days, either party may refer the dispute to a neutral arbitrator, who must render a decision within 90 days. (In practice, the parties generally agree to extend the time limits as necessary.)"
At the April 20 APA DFW Domicile Meeting APA President Dave Bates how badly the AW-LCC seniority merger was done and said that this will be the opportunity to fix this for once and for all. It will fall under McCaskill-Bond which means it will be a 3 member board that decides if we can’t negotiate a deal and it will stick. There will be some kind of hard fence for wide body pilots.
Then later in the meeting apparently APA Membership/Furlough Committee Chairman Rusty McCaniels indicated APA's lawyers had differing opinions on It (the SLI), but said it should come out to where if you are at the 50 percentile point on your fleet your combined seniority number would put you at that place. Said that this along with seat pay protection might solve the Supp CC problem but if not then it would be decided by another 3 person panel.