After reading the last transcript I now know what the Rakestraw case was about and why it is different than the USAPA case. As I read it, the Rakestraw case changed the seniority of scabs and the purpose of this was to make it tougher on scabs. Punishing scabs helps the union because a full scale strike provides power to the union and therefore makes it easier for the union to negotiate better wages and benefit for their members.
In this case, USAPA is stating that the legitimate purpose of the union is to satisfy the majority East pilots that lost their arbitration case. Since they were upset, they would not vote on a new contract. Therefore, we have to satisfy the majority by discriminating against the minority. To me, this is a classic violation of the duty of fair representation.
I predict that Am West pilot have a very good chance of prevailing in this case. The tough part is what happens next? I think the central question is does the East have any decent leadership that will allow them to find a way to more pay and benefits while using the Nicolau list? The ancillary question is will the West pilots be big enough to make some concession to the East pilots. I understand the hard feelings, they are well deserved, but right now I think we are into the cutting off the nose to spite your face phase.
Up to now, I haven't seen it. It will take some real leaders to step up on both sides.
