Using any other list is...by definition...NOT a legitimate union objective. Perhaps you should familiarize yourself with the facts of the case a bit better.
Wake was clear in his ruling. USAPA can abrogate the Nic list
when they have a legitimate union objective. Your statement would require Wake to reverse his decision as well go against the prior case law cited by Wake that specifically allows unions to change arbitrated seniority lists as long as the union is motivated by a legitimate union objective.
I have worked with many of the original Allegheny and Mohawk pilots and they were a fine group of men and extraordinarily skilled and experienced pilots. Mohawk was bankrupt and shut down at the time of the Allegheny merger. Mohawk routes and aircraft were merged into AAA and some of the Mohawk pilots were recalled to active while many remained on furlough. The seniority dispute went to arbitration and the arbitrator ruled that fairness required all the Mohawk pilots including those furloughed to integrate with full date of hire seniority. The poor economic condition of Mohawk would not justify super seniority for Allegheny pilots.
The Allegheny Mohawk merger was considered and still is considered the model of fairness towards employees during merger integrations. Most pilot contracts have Allegheny Mohawk labor protective provisions (LPP's) to protect employees and guarantee fair treatment during a merger. Even now 40 years later the Allegheny-Mohawk LPP's formed the basis for the McCaskill-Bond law seniority integration protections. While the law does not require a specific integration method to be used it
by law protects seniority agreements made between employees representatives and the carriers and requires the lists to be integrated in a fair and equitable manner. McCaskill-Bond specifically prohibits the use of ALPA merger policy unless both
pre-transaction carriers are represented by ALPA.
The key points of McCaskill-Bond are:
-Requires by law a fair and equitable seniority integration
-Protects by law any new seniority mutual agreement made between the carriers and the representatives of the employees
-Requires either an NMB Federal arbitration or other mutually agreed to alternative dispute resolution process to settle any remaining seniority issues not settled by collective bargaining between the employee representatives and the carriers.
This all means USAPA can negotiate a new seniority agreement between the other union representative and the carriers and that agreement is absolutely protected and considered fair and equitable by the McCaskill-Bond seniority protection law. Wake would be prohibited by law from interfering with a seniority agreement that is protected by McCaskill-Bond. The McCaskill-Bond law was written to prevent outside parties especially Federal Judges from interfering with or trying to dictate unfair seniority integrations.
underpants
