Excerpts from brochure #3: (Chameleons)
Seniority Integration According to Cleary & Mowrey
Mike Cleary and Randy Mowrey once understood the need to keep the pilots
accurately informed. While serving on the ALPA Merger Committee, Randy
Mowrey and Mike Cleary authored a series of articles that were published in
the US AIRWAVES magazine. These articles summarized how pilot groups
are integrated in a merger of two air carriers. Below are excerpts from those
articles. Each of these quotes individually exposes the understanding that
Cleary and Mowrey had of the merger process and past practice. These articles,
in their entirety, are available on our web site, in addition to the arbitration
transcripts. Together, they reveal the rest of the story, which has been
deliberately kept from US Airways pilots throughout our merger. These quotes
show why the effort to circumvent the Arbitrated Award has been a fruitless
effort thus far.
The similarities of the following quotes from Arbitrator
Nicolau and Mike Cleary and Randy Mowrey are
striking:
“The only certainty in seniority integration is
that the outcome is never certain... Each case
presents its own facts and equities, and each
requires a resolution tailor-made to the situation
presented.” [US AIRWAVES, Jan/Feb/Mar
2002. Cleary - Mowrey]
“…that each case turns on its own facts; that
the objective is to make the integration fair and
equitable...” [Nicolau Award, pg. 19]
In this quote Mike Cleary and Randy Mowrey clearly state
“The merger representatives shall carefully weigh all
the equities inherent in their merger situation... until
a fair and equitable agreement is reached,” and, “The
Merger Policy provides that... The Award …shall be
[US Airwaves, June/July 2000, Cleary - Mowrey
prospects are among the equities likely to affect a furloughees… placement.”
[US AIRWAVES, Jan/Feb/Mar 2002. Cleary - Mowrey]
“The seniority integration agreement adjusted the Mohawk furloughees... to the
extent necessary to place them below the most junior active pilot.”
[Allegheny-Mohawk, 1972. US AIRWAVES, Jan/Feb/Mar 2002]
“…[Arbitrator Smith] refused to give the TCA furloughees seniority positions
based on their dates of hire, because to do so would have placed them senior
to some active American Pilots.”
[Arbitrator Smith, American - Trans Caribbean Airways merger 1974 - US
AIRWAVES, Jan/Feb/Mar 2002. Cleary - Mowrey]
Is Date-of-Hire really the “Gold Standard” as asserted by USAPA? Based
on the evidence presented above, the contrary is suggested. The term
“Gold Standard” merely asserts an opinion, whereas the use of binding
arbitration to settle seniority integration is a fact.
The lawful standard for pilot seniority is to create a fair and equitable
integration based on the facts and equities of each case. Furloughees
are normally placed below the most junior active pilot. Nicolau carefully
followed precedent by considering the facts and equities of our unique
merger. The economically depressed condition of US Airways for many
years prior to the merger is a fact distinguishing itself from many other
mergers. This fact weighed heavily in a “resolution tailor-made to the
situation presented.” Cleary, Mowrey and other USAPA leaders are
ignoring precedent and the information they provided to US Airways pilots
in the US AIRWAVES articles. USAPA leadership continues to promise the
East pilots the impossible, as no ALPA arbitration has ever been set aside.
