Leverage comes from unity and resolve. USAPA has plenty of resolve on opposing the NIC but that’s about it. If you want leverage, here’s my plan of attack. . .
The first order of business would be to invite three highly respected labor law firms to come in and give a full evaluation of the Addington, DJ, and Section 22 matter that has created the quagmire and disunity of east & west groups. This entire dialog needs to be unredacted and made available to the east/west membership so that they can hear the expert opinions on the course Bradford, $eham and Cleary have been set upon since the inception of USAPA. If two out of three of these respected legal firms say the current course of avoiding the NIC is viable and has at least a 50/50 chance of success, then put a simple poll/vote out to the MIGS asking if USAPA should accept the NIC for section 22 in order to accelerate JCBA negotiations. If the MIGS prefer to stay on the non timeline course of waiting for the courts to decide then at least they will know that the course is viable and that they have majority support for the course of action.
On the other hand, if two or all three of the legal opinions come back with a negative opinion of USAPA’s section 22 approach, then SSMP ought to be released immediately and replaced with another entity that can offer sound legal counsel on the matter. USAPA should then notify all pilots that based on the best legal counsel available that the NIC must be the seniority list in the JCBA and then close out that section with Management. Some/many on the east may not like the NIC being in the contract, but at least they will know the truth going forward, namely that there is and never was any other legitimate option for the combined seniority list.
Once that section is closed it is the duty and the responsibility of the CBA to create unity within their ranks so as to negotiate with Management. USAPA is compelled by law seek contractual agreements for their membership via the JCBA negotiations. With the courts out of the process, neither USAPA or Management can blame some outside factor as the cause for a delay. IMO this will move quickly towards discussing and resolving the true financial sections that need to be agreed upon.
You may not like it, but until and unless USAPA accepts the NIC for section 22, they will never be taken seriously at the negotiating table. It is not a good-faith negotiation to propose a list that unlawfully replaces a list resulting from binding arbitration (DFR). Management knows this and that is clearly why they don’t even discuss USAPA’s DOH proposals. Management’s job is to get them most out of the CBA while minimizing the financial impact to the organization. On the other hand, USAPA’s job is to get the most out of Management financially while giving up the least in other areas of the contract. This give and take is and will go nowhere so long as USAPA ignores the NIC Award. Of course it’s my opinion that USAPA doesn’t want a JCBA or expect to be taken seriously in negotiations. They are fulfilling their singular purpose of delaying the JCBA so as to delay the implementation of the NIC and put on a show for the members to convince them that USAPA and actually fulfill its obligations. What the pilots need more than anything else is a good dose of scared straight honesty from those who are being paid to represent them. Therefore, I conclude that all of this delay and mess lies at the feet of USAPA leadership, not Management’s. Just like the west cannot do anything to slow down or speed up the JCBA process, so also Management cannot and probably shouldn’t do anything to speed up or slow down the negotiating process so long as USAPA ignores its duty to fairly represent the west pilots.
