LittleBoyBlew

That's a pretty powerful assumption...Except for one thing, AOL must convince the judge that the MOU is in fact a JCBA for east/west..If the court rules otherwise, AOL has NO CASE..The MOU is quite clear in its intent and scope..
You cannot use an unendorsed check to pay for a new purchase...

R57 relay

I just don't see that it is a JCBA. The MOU has many sections that say otherwise. Plus the TA calls for JCBA between east and west and we don't have that now. The only thing that is the same is the pay, and that is conditional.


1. US Airways and APA agreed to a Conditional Labor And Plan Of Reorganization Agreement
executed April 13, 2012 and as amended from time-to-time (the "CLA"). Upon the Memorandum
Approval Date (as defined in Paragraph 18), this Memorandum shall supersede and replace the CLA.
This Memorandum provides a process for reaching:
(a) a Merger Transition Agreement (the “MTA”) between APA and an entity (“New American
Airlines”) formed in connection with a plan of reorganization (“POR”) for such of those AMR
Corporation-related debtors required to effectuate a combination of American and US Airways
(the "Merger"). The MTA shall consist of the collective bargaining agreement between
American and APA approved on December 19, 2012 by the Bankruptcy Court in In Re AMR
Corporation, et al., jointly administered Ch. 11 Case No. 11-15463 (SHL) (the “2012 CBA”), as
amended pursuant to the provisions of this Memorandum;
(b) a Joint CBA (the "JCBA") to apply to a merged workforce composed of pilots employed by
American and US Airways.

Even though we know many components of the JCBA, we still have to NEGOTIATE the document. We have already seen things change, such as the 1:3.25 rig.

8. The protections in this Paragraph begin on the Effective Date and last until the earlier of eighteen
(18) months after US Airways and the New American Airlines obtain a single operating certificate, or
the date on which a JCBA and integrated seniority list are in effect. From the Effective Date until the
effective date of the JCBA, the terms and conditions of employment of the New American Airlines and
US Airways pilots shall be governed by the MTA.

e. The total number of aircraft block hours scheduled to be flown by mainline US Airways East
pilots (excluding Group I aircraft) during any rolling 12-month look-back period shall be no less
than 664,426. The total number of aircraft block hours scheduled to be flown by mainline US
Airways West pilots during any rolling 12-month look-back period shall be no less than
436,850. The number of widebody positions, either maintained or pay protected, for US
Airways pilots shall be no less than 291 US Airways widebody captain positions and 475 US
Airways widebody first officer positions. A pay-protected pilot under this Paragraph 8(e) shall
not be eligible for additional pay protection under Paragraph 12(a). In the event a pilot is
eligible for pay protection under both Paragraphs 8(a) and 12(a), such pilot shall be entitled to
whichever pay protection produces the higher pay and shall also fulfill one of the minimum
number of widebody positions required herein.

Why separate block hour requirements if the TA requirement for east/west JCBA has been met? The company would have to combine east/west operations within 12 months of Feb 8th if the TA was completed.

15. US Airways agrees that it will comply with the East and West CBAs and the Transition Agreement
until the Effective Date.

Why would this be in the MOU if we had a JCBA? At JCBA, the TA goes away. That happens at POR, the same time the language says the other contracts are replaced.




20. Except as expressly provided otherwise in this Memorandum, any dispute over the interpretation
or application of this Memorandum shall be resolved in accordance with this provision. Any such
dispute shall be arbitrated on an expedited basis directly before a specially-created one-person
System Board of Adjustment consisting of arbitrator Richard Bloch or Ira Jaffe, whoever shall be
available to hear the dispute earliest. If Arbitrator Bloch or Jaffe declines to serve in this capacity or is
not available to resolve the dispute, another neutral arbitrator shall be selected. The dispute shall be
heard no later than thirty (30) days following the submission to the System Board (subject to the
availability of the arbitrator), and shall be decided no later than thirty (30) days following the first day
of the hearing, unless otherwise agreed to in writing.

Should the west pilots have filed a grievance instead of a lawsuit?

LittleBoyBlew

Contrary to AOL popular beliefs, "Desert LOGIC" does not supersede contractual language or common sense.Their latest legal stunt is nothing more than a poorly timed Hail Mary..

R57 relay

That's now "Hail Marty." I've got to give it to him though, he is quite the rainmaker.

Wiskey Driver

Wont even be necessary is what I am saying. The Courts really didnt want to have to address matters of arbitration and this way they dont have to. Now remove your emotion and personal feelings and look to the obvious. There was an arbitration and a result no doubt about that. That result will have no choice but to be used UNLESS the company decides that it wishes to face litigation. Now based on Paul Jones letter it would seem to all paying attention that the company plans on using that arbitrated list.

WD at AWA

LittleBoyBlew

Your assumption negates the SLI process of the MOU...It would require judicial intervention for such a scenario to take place.....Keep grasping for straws..

Wiskey Driver

You are still missing it. The court action will not be necessary. No desert logic no skewed view just common sense. The east view is that so long as they ignore the arbitration it doesn't exist but nothing can be further from the truth. The company made moves that will ensure that this will not go on. The company unlike usapa has no desire to get sued and the possibility of having to pay a large judgement is more than enough to force them to do the right thing. This is why I said remove the emotion and think logically my man.

WD at AWA

R57 relay

How many definitive statements have you guys made in the past that turned out to be wrong? I have a whole list of them if you would like some.

cactiboss

How about judge lane is throwing out your scab unions suit next week, u believe that?

R57 relay

Drunk? I don't belong to a scab union. The scab thing was the AWA heritage. Now if you are talking about USAPA's suit being tossed from AA's Bankruptcy, I imagined it will be dismissed.