lolwut

I seriously cannot wait to see the day where the west manages to get this merger canceled. Then everything will go back to status quo and it'll be USAPA and Nic vs DOH until everyone is living in a retirement home drooling on themselves.

Y'all really are shooting yourselves in the foot here. Isn't a merger with ANY seniority list better than what you have now with the best possible seniority list outcome?

In other words, as a current west (or east!) pilot, I'd rather be the last guy on the list at the new American than being the #1 guy on a Nic or USAPA DOH list with no merger. Wake up and smell the roses people. You're all acting like a bunch of idiots.

justjack

I can't tell if you are serious or if this is sarcasm- as far as the West having the ability to "cancel" this merger. Parker would squash them like the tiny gnat that they are to him. There's no way that Parker would let a pesky little thing like unhappy West pilots ruin his merger. To think that 1800 disgruntled, unnecessary pilots (and please do not take offence, I'd say that about ANY labor group of 1800) have the ability to stop a mega merger is to totally not understand today's corporate culture. But y'all just keep throwing money down that rabbit hole and we will keep throwing more after you.

cactiboss

posted on March 12, 2013 14:56
This past month, your APA General Counsel has received three letters from Marty Harper, attorney for a class of former America West pilots who have threatened legal action in the event that APA does not recognize the decision by Arbitrator George Nicolau regarding the US Airways-America West seniority integration list. Mr. Harper sent similar letters to counsel for US Airways and counsel for the US Airline Pilots Association (USAPA).


These letters threaten legal action on the basis that the seniority list finalized in arbitration (“Nicolau Award”) between the former America West (“West”) and the US Airways (“East”) pilots was to go into effect upon the date of ratification of a single collective bargaining agreement involving the West and East pilots, all of whom are currently represented by USAPA. Mr. Harper contends that the Memorandum of Understanding/Merger Transition Agreement (MOU/MTA) that American, US Airways, USAPA and APA signed concerning the potential merger constitutes a single collective bargaining agreement between East and West, and therefore the failure to include the Nicolau Award in an integrated seniority list would constitute a breach of USAPA’s duty of fair representation to the pilots it represents. During the past few years, this matter has been intensively litigated among the East and West pilots and US Airways. One aspect of the case is currently on appeal to the United States Court of Appeals for the Ninth Circuit. In response to the various letters from Mr. Harper on behalf of the West pilots, USAPA has filed what is known as an Adversary Proceeding in the Bankruptcy Court seeking to enjoin the West pilots from contesting the merger. In response to this lawsuit, the West pilots filed a complaint on March 7 against USAPA and US Airways, Inc. seeking to have a court declare that the Nicolau Award be enforced. They indicated that they intend to file for expedited injunctive relief. APA takes no position on the merits of the dispute between the former East and former West pilots. However, APA has no wish to inherit this dispute in the event of a merger and will push to have it resolved between Mr. Harper’s group and USAPA. Importantly, the seniority integration process in which APA will take part in the event of a merger has not even begun; this timeline is only triggered by the date of American Airline’s exit from bankruptcy (“effective date”), which is determined by the court’s approval of the plan of reorganization (“POR”).

R57 relay

That's what I took out of their update. I thought you said USAPA would have no part in the SLI process.

LittleBoyBlew

Hey Wiskey, your back...I thought you had fallen off the wagon or something! You know last time ,you said that the nic would be an integral part of the MOU....Id say your sources bonked on that one..Any how welcome back!!

cactiboss

Usapa will not negotiate a list with apa, I stand by that.

R57 relay

Noted. Just to be clear, you accept that Usapa will start the process?

flyfast15

I'm with you Lolwut I hope these guys don't fu%# the merger up, this is getting ridiculous we need to move on and start getting pay. I'm starting to get worry.

Wiskey Driver

If you are going to put words in my mouth please at the very least make sure its what I agree with. I know the MOU would not say anything with respect to this situation. What I can tell you is that it will soon be over.

WD at AWA

cactiboss

Yep, they will set up the protocol and that is as far as they get, even that is questionable though.