US Pilots Labor Thread 12/30-1/5

[Captain Underpants]

It may not be acceptable to the east but it most certainly will be used by the east. As you say USAPA will comply with a federal court. Your choice is to use the list or find an airline where you can have your date of hire. That would sometime in 2009.

DFR lawsuits against a union fail 93% of the time. In the unlikely event USAPA loses the DFR case they may be required to negotiate a seniority solution with the West pilots instead of the company. USAPA and a West merger committee may be ordered back to Wye river type negotiations if they lose the DFR case.

Damages are almost never won in DFR cases and there wouldn't be any as long as operations remain separate or fenced as USAPA has proposed. To win cash damages the West would have to prove that the East pilots would have voted to use the Nicolau award in a joint contract. They would also have to prove that the Nicolau award is inequitable meaning they would have received a windfall if Nicolau had been implemented. Trying to collect cash damages is trying to collect the windfall which the West claims does not exist and was not allowed anyway by ALPA merger policy. The West pilots are not any worse off now than if AWA had remained independent. The correlation is not 100% but close since the West operation has remained a separate operation since the merger and has mirrored the performance of PHX and LAS.

I doubt the court would be foolish enough to try to force use of the Nicolau list as settling the seniority dispute. That would just start World War III and eliminate any chance for a single contract or integrated operations. USAPA is trying to find a seniority solution that is fair to both sides. That may be impossible if the court places restrictions on USAPA's bargaining authority. The West could very well end up much worse off if they win the DFR lawsuit. The East pilots already have date of hire seniority and a fence and will have higher pay rates when the LOA 93 pay freeze ends on 12/31/09.

Underpants.

 

[nycbusdriver]

...will have higher pay rates when the LOA 93 pay freeze ends on 12/31/09.

'splain, please? What pay freeze? As I understand it, LOA 93 pay rates are THE rates until an new contract is signed. That certainly appears unlikely to happen by January 1, 2010.

Or, are you saying that LOA 93 expires on December 31, 2009, and we go to book rates? That would be awesome...combined with the $35 million payout to the east pilots on January 1, 2010!

 

[BoeingBoy]

Might have to go back to the negotiating notes for the intent (presumably the company will claim the LOA 93 rates become amendable and don't expire), but here's what LOA 93 says about pay:

1. Freeze current rates effective 5/01/04 through 12/31/09.

2. Reduce rates as frozen by 18.0%

3. Reduce International pay override, as stated in Section
3(F) and Section 18©, by 18.0% for transoceanic trips;
eliminate international override for non-transoceanic trips.

4. Pay all flying at day rate.

Jim

 

[Metroyet]

DFR lawsuits against a union fail 93% of the time. In the unlikely event USAPA loses the DFR case they may be required to negotiate a seniority solution with the West pilots instead of the company. USAPA and a West merger committee may be ordered back to Wye river type negotiations if they lose the DFR case.

Damages are almost never won in DFR cases and there wouldn't be any as long as operations remain separate or fenced as USAPA has proposed. To win cash damages the West would have to prove that the East pilots would have voted to use the Nicolau award in a joint contract. They would also have to prove that the Nicolau award is inequitable meaning they would have received a windfall if Nicolau had been implemented. Trying to collect cash damages is trying to collect the windfall which the West claims does not exist and was not allowed anyway by ALPA merger policy. The West pilots are not any worse off now than if AWA had remained independent. The correlation is not 100% but close since the West operation has remained a separate operation since the merger and has mirrored the performance of PHX and LAS.

I doubt the court would be foolish enough to try to force use of the Nicolau list as settling the seniority dispute. That would just start World War III and eliminate any chance for a single contract or integrated operations. USAPA is trying to find a seniority solution that is fair to both sides. That may be impossible if the court places restrictions on USAPA's bargaining authority. The West could very well end up much worse off if they win the DFR lawsuit. The East pilots already have date of hire seniority and a fence and will have higher pay rates when the LOA 93 pay freeze ends on 12/31/09.

Underpants.

Contract law flies in the face of everything you've spewed here. The complaint isn't based in Labor Law.