Admitting to truth isn’t difficult at all. I will admit that there is no reason to doubt that there was a Project Zanzibar just as Kirby is attributed to have said. There was also almost certainly a similar endeavor formed on 9/12/2001 (if not before). No company or CEO just decides out of the blue to file for bankruptcy protection. A solid Management team will bifurcate their efforts when financial trouble is on the horizon. One effort would be launched to save the company a trip into bankruptcy court by slashing expenses, negotiating with suppliers and employee groups and making operational adjustments to try and regain a financial foothold without court protection. The other endeavor would be to prepare all of the documents required for the bankruptcy filing. Just because bankruptcy documents are prepared, doesn’t mean they must be filed. In this case, clearly they weren’t just as HP didn’t file after 9/11, but you can bet that they had plans in place to file should “plan A” fail.
What HP’s options were outside of joining with another carrier and/or outside of bankruptcy court is speculative at best. Whatever options may have been discussed, acquiring US Airways out of bankruptcy was obviously deemed to be the best option for HP as determined by Management, the BOD, and ultimately the shareholders. These facts (or best guesses) don’t change the facts of the HP/US merger or the Nicolau arbitration award in any way. Absent the merger where would US Airways have been on 10/1/2005? Liquidation was either inevitable or at least the most probable result if HP had abandoned the merger discussions. So, Nicolau was unquestionably correct that US was in worse financial condition than HP on 9/27/2005.
Besides all that, what would his list have looked like if he “felt” that HP and US were financially in equivalent situations? Would he have violated the joint statement on merger principles that said no furloughed pilot would displace an active pilot? Would he have changed his protection of the top 517 east WB positions? Would he have used a different ratio methodology to achieve a combined list? We can guess all day, but the reality is that Nicolau combined the two lists according to ALPA policy and the requirements contained in the TA all while following a fairly predictable ratio of 2 east pilots to 1 west pilot given the size of each groups’ active list.
Nevertheless, if anyone thinks Nicolau got it wrong, feel free to file a legal action against the award to get it overturned. If it didn’t meet the criteria, then why not just have that award fixed or vacated rather than forming a new union and risking a DFR with an attempt to ignore the arbitration award as though it didn’t happen?
Okay, there you have it. Any other facts you want a west supporter to admit to? I’m game, so long as they are facts rather than something pulled out of thin air.