GorgeousGeorge
Senior
- Apr 29, 2008
- 326
- 357
We have a contract and a T/A. Do you not consider the T/A to be a legal document or a part of the contract?
You say that the T/A describes a �€œprocess that has not yet taken effect�€�. The only part left is implementation of the Nicolau list. Otherwise the rest of the process is finished.
The T/A lists a merger policy. The process was followed. Negotiation, mediation, arbitration. The list was then presented to the company. The company accepted that list. Therefore making the list part of a legal contract. So the list is also in the west and east contract. Just like union dues or crew meals As USAPA said in PHX.
The only thing left is a joint implement. But the process of getting a list is finished. So The union name has changed ...the obligation has not!
USAPA is still contractually obligation to use and implement the Nicolau list.
Arbitration is an obligation.
It was not a legislatively or judicially required arbitration. It wan internal union process to establish a bargaining position. The union has changed and so has the bargaining position to reflect its charter and a court will rule whether that the union has the authority to do so and whether any DFR issues were triggered. Whether the company accepted the list is irrelevant, to date a single contract to bring both groups under one contract is incomplete and either party has the right to changes its position until an agreement is reach and ratified.