I LOVE THIS CRUD!.... HIGH ON UNION CRUD!The 2002 Restructuring Agreement between US Airways and CWA contains a “change of control†provision, which states, in relevant part:
Upon a change of control defined as the sale of all or substantially all of the assets or common stock of the Company or US Airways Group in a single transaction (or in multi-step related transactions) to a single purchaser (or group of purchasers acting in concert), the hourly rates of pay under this agreement shall be increased to the rates which would have been effective following the Pay Parity Adjustment in June 2002 under the Letter of Agreement on pages 96-100 in the basic agreement . . . . For the purposes of this paragraph, “Common Stock†is the Common Stock of US Airways Group, which are then outstanding and the Common Stock issuable on exchange, exercise, and/or conversion to securities of the Company or US Airways Group which are then currently exchangeable into, exercisable for, or convertible into such Common Stock.
The circumstances of US Airways’ merger with America West represent a “change in control†as defined by the 2002 Restructuring Agreement. Accordingly, the company is now required to compensate all CWA-represented Passenger Service employees at the pay seniority rate that would have been effective following the Pay Parity Adjustment in June 2002.
Having reviewed CWA member’s pay stubs issued on October 14 for the pay period between September 26 and October 09, 2005 – the first pay period following US Airways’ emergence from bankruptcy and its merger with America West – it is now clear that US Airways has not restored employees’ wages to their previous levels following the change of control, as it was required to do by the 2002 Restructuring Agreement. CWA accordingly files this grievance to enforce the change of control protections it negotiated in the 2002 Restructuring Agreement and left unchanged in subsequent agreements.
As a remedy, CWA demands that US Airways acknowledge that the “Change of Control†provision applies in this case and requires the company to compensate CWA-represented employees at the rate that applied following the Pay Parity Adjustment in June 2002. In addition, CWA demands that all of the employees it represents be made whole by compensating them for the difference between the currently-applied rate and the June 2002 rate, starting on the date of the change of control and ending the date of the final resolution of this matter, as well as any and all other monetary or equitable remedies that may apply.
CWA requests an immediate grievance hearing on this matter. CWA demands that this grievance be treated as a case for expedited arbitration.
We, the undersigned grievants, support this grievance and request an immediate hearing and arbitration on this matter.
Upon a change of control defined as the sale of all or substantially all of the assets or common stock of the Company or US Airways Group in a single transaction (or in multi-step related transactions) to a single purchaser (or group of purchasers acting in concert), the hourly rates of pay under this agreement shall be increased to the rates which would have been effective following the Pay Parity Adjustment in June 2002 under the Letter of Agreement on pages 96-100 in the basic agreement . . . . For the purposes of this paragraph, “Common Stock†is the Common Stock of US Airways Group, which are then outstanding and the Common Stock issuable on exchange, exercise, and/or conversion to securities of the Company or US Airways Group which are then currently exchangeable into, exercisable for, or convertible into such Common Stock.
The circumstances of US Airways’ merger with America West represent a “change in control†as defined by the 2002 Restructuring Agreement. Accordingly, the company is now required to compensate all CWA-represented Passenger Service employees at the pay seniority rate that would have been effective following the Pay Parity Adjustment in June 2002.
Having reviewed CWA member’s pay stubs issued on October 14 for the pay period between September 26 and October 09, 2005 – the first pay period following US Airways’ emergence from bankruptcy and its merger with America West – it is now clear that US Airways has not restored employees’ wages to their previous levels following the change of control, as it was required to do by the 2002 Restructuring Agreement. CWA accordingly files this grievance to enforce the change of control protections it negotiated in the 2002 Restructuring Agreement and left unchanged in subsequent agreements.
As a remedy, CWA demands that US Airways acknowledge that the “Change of Control†provision applies in this case and requires the company to compensate CWA-represented employees at the rate that applied following the Pay Parity Adjustment in June 2002. In addition, CWA demands that all of the employees it represents be made whole by compensating them for the difference between the currently-applied rate and the June 2002 rate, starting on the date of the change of control and ending the date of the final resolution of this matter, as well as any and all other monetary or equitable remedies that may apply.
CWA requests an immediate grievance hearing on this matter. CWA demands that this grievance be treated as a case for expedited arbitration.
We, the undersigned grievants, support this grievance and request an immediate hearing and arbitration on this matter.
r leaving through attrition. All subcontracted work must be brought back into our call centers 60 days prior to the end of our agreement. 
