If Dave Odell had a 75 DOH he could have gone back to the east with the other furloughees who were recalled east at USAPA's request. The pilots out West who actually had an east DOH, who refused recall after the Nic, well they are a different story.
We all know post-merger new-hires come back at the bottom of the list, either list. Non-probations should have their choices of where theyre recalled, in seniority order. But Odell, even with a 1975 date, would come East at the bottom of the list. His NIC "number" is useless in separate ops. If he chose east, hes making $20+K more a year as a 5-year line holder (with LOA84 rates). For the new-hires still on probation, I think they go East or West based on company assignment, not seniority. Imagine being stuck West and looking at losing thousands of $$ while in separate ops.
My point, the devil is in the details or lack of details. In 2 pages of detail, the TA (II,b,6/7) addressed East furloughees filling bottom slots out West. No mention at all of where West furloughees will be placed, if they can “bid†East at all, in the event of recall. Any interpretation problems in this gap have to be resolved between the company and CBA. And contrary to what you think DFR means, the CBA has to negotiate for the good of the majority. That’s absent a NIC-style arbitration in place and in force. The courts will resolve the NIC, so not going to rehash here.
When I read the TA I see an allowable 10% per year. If you say that only applies to the first year, that would mean the company can reduce either side at will.
Yours is a total misread & not logical. It has never been interpreted as 10% per year. Otherwise Parker would have already right-sized West down to 60% of its top. The company had the right to reduce the number of AC by 20% in 1st year of the merger.
b. During the first year following the consummation of the Merger Agreement, America West and US Airways will each maintain not less than 80% of the number of aircraft listed by month for that airline in Attachment B.
In our case they reduced us 20%, you they didn’t.
If you say that only applies to the first year, that would mean the company can reduce either side at will.
That’s totally illogical. 10% was the max floor. If you cant see that, no explanation is going to get through. But for those who want information, this is the TA language on the 10%.
c. For US Airways, the number of minimum aircraft will be re-established one year after the consummation of the Merger Agreement at the lesser of 279 total aircraft (excluding SJs), or the number of total aircraft then operated by US Airways (excluding SJs) less ten percent (10%), rounded to the nearest aircraft, with the daily utilization rate measured monthly as the average daily utilization rate for the prior twelve months less ten percent (10%).
d. For America West, the number of minimum aircraft will be established one year after the consummation of the Merger Agreement at the lesser of 140 total aircraft (excluding SJs), or the number of total aircraft then operated by America West (excluding SJs) less ten percent (10%), rounded to the nearest aircraft, with the daily utilization rate measured monthly as the average daily utilization rate for the prior twelve months less ten percent (10%).
Notice c says "re-established" and d says "established". Re in our case because our numbers was a moving target, subject to other LOAs. Your case, you had what you had. Not sure that makes sense, but the best I could do.
VERY clear the 10% was referring only to the first “year after the consummation of the Merger Agreement.†So, the company could knock off up to 20% of the number of a/c listed the first year, and further reduce that amount by an additional 10% and 10% less daily utilization, but
only in the first year. That’s the read of one of our top former negotiators. If you can ID anyone on your side who was actually at the table and can say different, go for it. Otherwise your not making sense. Nic4us, don’t want to hurt feelings, but your way off base on this one.