AOL update
#3081
Banned
Joined APC: Jun 2008
Posts: 8,350
The real issue is what pilot representatives will 1) negotiate or 2) arbitrate to arrive at the single list. Presently APA and USAPA are the only two pilot representatives with the authority to negotiate a single list (and they could still do that at anytime). I see no reason that the pilot representatives in an arbitration would change, should an arbitration eventually be compelled by a court. And at present, it doesn't look like an arbitration will occur unless a court compels it (which will necessarily include a court order stipulating the pilot representatives engaged in the arbitration.)
Presently, the only two LEGAL participants are APA and USAPA. The MOU provides that at some point in the agreed upon MOU process, only one organization can obtain sole authority to represent ALL parties and M-B does allow for that. In that instance, that party inherits DFR for all affected pilots. However, to achieve a "fair and equitable" result in the negotiation phase, APA would have to allow pre-merger pilot groups to select and negotiate an ISL. At present, the fair and equitable goal of M-B cannot be met because one of the two present agents refuse to allow one of the three separate pilot groups to have their own negotiators at the table, which in flawless irony (and inexplicable lunacy) is the very same situation they are crowing to the courts to prevent regarding themselves. If APA allows all three parties to negotiate with their own negotiators, it will meet both the MOU provisions and satisfy M-B. A USAPA pin is not necessary for M-B or a fair and equitable negotiation process so long as the above scenario is agreed upon and facilitated by APA. Then, if negotiations fail, the arbitral option can be exercised and as long as all relevant negotiating positions are presented to the arbitrators, the MOU process and M-B can continue to resolution with both that agreed upon process and the protections of M-B having been met.
Again, a USAPA pin signifying its existence is not required.
Again, at present, USAPA itself is the one preventing that standard and in accordance with the MOU and not in opposition to M-B, the dissolution of USAPA WOULD allow for both of those objectives to be met and a fair and equitable process to proceed so long as APA does not unilaterally manipulate the process.
#3082
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Yes, that is process described in the MOU to which USAPA agreed to. However..........
......what does the M-B process allow and how is that related to the MOU (again, to which USAPA agreed to) ?
Presently, the only two LEGAL participants are APA and USAPA. The MOU provides that at some point in the agreed upon MOU process, only one organization can obtain sole authority to represent ALL parties and M-B does allow for that. In that instance, that party inherits DFR for all affected pilots. However, to achieve a "fair and equitable" result in the negotiation phase, APA would have to allow pre-merger pilot groups to select and negotiate an ISL. At present, the fair and equitable goal of M-B cannot be met because one of the two present agents refuse to allow one of the three separate pilot groups to have their own negotiators at the table, which in flawless irony (and inexplicable lunacy) is the very same situation they are crowing to the courts to prevent regarding themselves. If APA allows all three parties to negotiate with their own negotiators, it will meet both the MOU provisions and satisfy M-B. A USAPA pin is not necessary for M-B or a fair and equitable negotiation process so long as the above scenario is agreed upon and facilitated by APA. Then, if negotiations fail, the arbitral option can be exercised and as long as all relevant negotiating positions are presented to the arbitrators, the MOU process and M-B can continue to resolution with both that agreed upon process and the protections of M-B having been met.
Again, a USAPA pin signifying its existence is not required.
Yes, the heart of the present dispute (its foundation), is an entity that doesn't want to let go and is muddying up the water with assumption, fear and hysteria to panic their constituency (many of whom can't think for themselves) into thinking they're going to get steamrolled despite a process that requires a "McCaskill-Bond" pathway while concurrently providing for the establishment of a single bargaining agent at some point prior to the completion of the MOU process, of which SLI is the final phase. M-B doesn't require two unions, but it does require that if only one and multiple pre-merger pilots groups, that to reasonably meet M-B each pre-merger group can field their own integration reps for both negotiation and in failure of that, formulate their SLI position to an arbitration panel.
Again, at present USAPA itself us the one preventing that standard and in accordance with the MOU and not in opposition to M-B, the dissolution of USAPA WOULD allow for both of those objectives to be met and a fair and equitable process to proceed so long as APA does not unilaterally manipulate the process.
......what does the M-B process allow and how is that related to the MOU (again, to which USAPA agreed to) ?
Presently, the only two LEGAL participants are APA and USAPA. The MOU provides that at some point in the agreed upon MOU process, only one organization can obtain sole authority to represent ALL parties and M-B does allow for that. In that instance, that party inherits DFR for all affected pilots. However, to achieve a "fair and equitable" result in the negotiation phase, APA would have to allow pre-merger pilot groups to select and negotiate an ISL. At present, the fair and equitable goal of M-B cannot be met because one of the two present agents refuse to allow one of the three separate pilot groups to have their own negotiators at the table, which in flawless irony (and inexplicable lunacy) is the very same situation they are crowing to the courts to prevent regarding themselves. If APA allows all three parties to negotiate with their own negotiators, it will meet both the MOU provisions and satisfy M-B. A USAPA pin is not necessary for M-B or a fair and equitable negotiation process so long as the above scenario is agreed upon and facilitated by APA. Then, if negotiations fail, the arbitral option can be exercised and as long as all relevant negotiating positions are presented to the arbitrators, the MOU process and M-B can continue to resolution with both that agreed upon process and the protections of M-B having been met.
Again, a USAPA pin signifying its existence is not required.
Yes, the heart of the present dispute (its foundation), is an entity that doesn't want to let go and is muddying up the water with assumption, fear and hysteria to panic their constituency (many of whom can't think for themselves) into thinking they're going to get steamrolled despite a process that requires a "McCaskill-Bond" pathway while concurrently providing for the establishment of a single bargaining agent at some point prior to the completion of the MOU process, of which SLI is the final phase. M-B doesn't require two unions, but it does require that if only one and multiple pre-merger pilots groups, that to reasonably meet M-B each pre-merger group can field their own integration reps for both negotiation and in failure of that, formulate their SLI position to an arbitration panel.
Again, at present USAPA itself us the one preventing that standard and in accordance with the MOU and not in opposition to M-B, the dissolution of USAPA WOULD allow for both of those objectives to be met and a fair and equitable process to proceed so long as APA does not unilaterally manipulate the process.
#3083
Banned
Joined APC: Jun 2008
Posts: 8,350
MB will be followed. Its the law. The courts never move quickly, but they will tell everyone what MB says. Its their job. Relax and enjoy the attrition while it happens. Buy a new toy. Start a new hobby. This will happen at court speed. Breath. Breath. Breath... Breath...
Might I suggest buying a new string for your back ?
Your present one is about to snap.
#3084
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Airflow normal here. MB is the law and the MOU provisions were formulated in accordance with its provisions. USAPA wouldn't have agreed to it if it didn't . Just bought a new toy and my hobby remains pleasurable.
Might I suggest buying a new string for your back ?
Your present one is about to snap.
Might I suggest buying a new string for your back ?
Your present one is about to snap.
#3085
#3086
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
If arbitration is ever compelled, and USAPA is a party to that, to the extent that USAPA must submit documents related to the status quo, USAPA might submit the lists in effect.
To the extent USAPA must make a proposal to the arbitrator, USAPA may propose whatever they want, and the arbitrator can do as he wishes.
Tic, toc. Tic, toc.
To the extent USAPA must make a proposal to the arbitrator, USAPA may propose whatever they want, and the arbitrator can do as he wishes.
Tic, toc. Tic, toc.
#3087
Flies With The Hat On
Joined APC: Aug 2006
Position: Right of the Left Seat
Posts: 1,339
#3088
#3089
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Yeah but usapa won't represent the truth or the Nicolau award will they? That is why the west must be there so we can present the Nicolau and then let the arbitrators decide, that would be dfr proof and it is what management wants. Of course usapa is fighting that tooth and nail.
#3090
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Hmm, so presenting the Nicolau or a doh list has no effect in pilots position on the aa/us list? You usapians are just too funny.
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