Sorry, I didn't see it till you repeated it.
Scope says "all present and future" flying performed by the company or US Airways Group (including any air carrier controlled, operated or partly or wholly owned by the Company or US Airways Group, whether directly or indirectly) shall be performed by pilots on the US Airways seniority list in accordance with the agreement (i.e., contract). A subsequent section of the scope provisions exempt express flying. If you can find the word "certificate" in there, more power to you. Also, are not furloughed pilots "on the US Airways seniority list"? So the scope language is satisfied two ways - Express is exempted and the 170 pilots, though furloughed from mainline, were "on the US Airways seniority list".
If you want to get into legalities, the Restructuring Agreement which created MDA does not say that MDA would be staffed by pilots recalled from furlough. It says pilots are entitled to return to US Airways when recalled unless they're being held at MDA or J4J carriers. If already recalled by virtue of being at MDA, how can being held at MDA postpone accepting recall?
It says that qualification to be hired at MDA was being on the APL, which is defined as being furloughed or notified of impending furlough (then CEL pilots and new hires if necessary to fill vacancies). If MDA was mainline, why did you have to be furloughed to work there (except CEL/new hires)?
You know what the real kicker is? Nowhere does the contract say that MDA will or must have it's own operating certificate. I know - that was the original intent, but the contract doesn't require it.
As for you Metrojet argument - apples and oranges. Metrojet was never a separate of US Group - MDA was. Metrojet never operated under a separate contract - MDA did. Pilots could bid into and out of Metrojet positions - MDA pilots couldn't bid any mainline equipment and active mainline pilots couldn't bid the 170. In short, Metrojet was just another mainline job - MDA wasn't. Not based on "how the company treated it" but based on the contract, which was approved by the pilot group.
Likewise you mentioned something about "the same" as America West. Again apples and oranges. AW operating on the same certificate is a product of the merger - at some point the FAA grants a SOC and in this case the contract and seniority aren't settled so two divisions of US Group are operating on one certificate. Once operational integration occurs, the AW division should cease. Just as the Allegheny division (the Express ALQ) ceased to exist once the integration with PDT was complete. Just as the Shuttle division ceased to exist once integration was complete. Just as the PI division ceased to exist once the integration was complete (to be reborn when the renamed the wholly-owned carriers after the forebearers Allegheny/PSA/Piedmont). Just as the PSA division ceased to exist after the integration was complete (ditto being resurrected).
MDA was set up as a separate division from the start. It was not a temporary situation due to a merger.
You know what's really ironic about all this? As I understand it, ALPA is the sole remaining defendant in the MDA suit. Yet it was ALPA, and only ALPA, that considered the 170 pilots recalled to US Airways. The 170 pilots were still listed as working for AAA, not MDA. Why do you think they could hold positions on the MEC and vote on issues just like other active AAA pilots. It wasn't because the MEC gave them a break - it was because ALPA said that they were AAA pilots in good standing. It was the MEC, the pilot group, the company that treated them as furloughed via the contract, yet none of those are defendants.
Jim
