Nic ...
#451
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Joined APC: Jun 2008
Posts: 8,350
No. Only that the Nic list was constructed using the seniority order as it existed at that time.
I'll try to provide a concrete example, although there are many possible scenarios.
Let's say, for example, that you are sitting in the right seat during a particular inflight emergency and become semi-famous. You decide to take a personal leave of absence to better explore the opportunities fame presents. You continue to accrue seniority for 12 months, but then seniority accrual *stops* per the contract and people start passing you on the seniority list.
So, your relative position on the East list is now *changed* from when the Nicolau list was created. People who where junior to you, are now senior to you. If you went back and used the Nicalau, it would put you back as senior to those folks who passed you. Hardly fair. So, the only way to correct that is to recompute the Nic list using the Nicolau methodology but with the East list as it currently exists... make sense?
Now, I'm sure one could come up with all kinds of calculations to "fix" these problems... but that's hardly the purview of a West Merger Committee to state exactly how they should be "fixed". It becomes part of the negotiations... and no longer is the Nicolau list!
I'll try to provide a concrete example, although there are many possible scenarios.
Let's say, for example, that you are sitting in the right seat during a particular inflight emergency and become semi-famous. You decide to take a personal leave of absence to better explore the opportunities fame presents. You continue to accrue seniority for 12 months, but then seniority accrual *stops* per the contract and people start passing you on the seniority list.
So, your relative position on the East list is now *changed* from when the Nicolau list was created. People who where junior to you, are now senior to you. If you went back and used the Nicalau, it would put you back as senior to those folks who passed you. Hardly fair. So, the only way to correct that is to recompute the Nic list using the Nicolau methodology but with the East list as it currently exists... make sense?
Now, I'm sure one could come up with all kinds of calculations to "fix" these problems... but that's hardly the purview of a West Merger Committee to state exactly how they should be "fixed". It becomes part of the negotiations... and no longer is the Nicolau list!
I don't think you can use unusual situations that exist on any of the lists that are in play to then claim that list doesn't exist. That would be a strawman argument. The Nic list is the originally awarded list and should any modification be required as a result of unusual situations like this (rare), the arbitrators would decide regardless of whatever argument whatever party chooses to supply absent agreement.
I suppose this pilots dream of a sitcom or detective series didn't pan out, but it's a choice HE made, not Nicolau and his adjustment on the East list or Nicolau in this case would be clearly justified.
#453
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#454
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I think it will be very close to the 12/9/15 deadline before a final list is awarded and presented to the company.
#455
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Yep, that's the other side of the coin. My belief is that IF the Nic is used, it will just result in a complicated fence system (it would seem to have to) to not punish 10,000 AA pilots for placing a premium on protecting what careers 1700 West pilots felt they were cheated out of and it's a question APA can't (and won't) take responsibility for and thus the requirement for BOTH arbitrations in the PA.
#456
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Posts: 3,240
Yep, that's the other side of the coin. My belief is that IF the Nic is used, it will just result in a complicated fence system (it would seem to have to) to not punish 10,000 AA pilots for placing a premium on protecting what careers 1700 West pilots felt they were cheated out of and it's a question APA can't (and won't) take responsibility for and thus the requirement for BOTH arbitration's in the PA.
#457
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Joined APC: Jun 2008
Posts: 8,350
Sure, our present relative seniority wont be changed, but the Nic would give fast access to pre-merger AA Group III and even Group IV flying by pilots who previous pre-merger career expectations maxed out flying narrowbody equipment for $80-$130/hour (or thereabouts) out of one domicile. Considering the various placement of West pilots on the Nic list, I can see a lot of windfall opportunity at the expense of pre-merger AA pilots using the pre-merger Nic and absent fences, I have difficulty seeing that outcome. This SLI consideration will also consider compensation as a factor, both at the time of merger (U pilots based on their pre-merger contracts) and future (also based on those contracts). So, one of the many questions for the arbitrators is, is a pre-merger $85/hour job (narrowbody F/O) in PHX worth as much or even more then a $135/hour job (767 F/O) in MIA ?
Should the Nic be allowed to potentially place that $85/hour (pre-merger) West PHX pilot ahead of that $135/hour (pre-merger) AA MIA pilot without some form of mitigator to prevent what would be a windfall ?
You can make even more of an argument in the captain's compensation discrepancy dept regarding the same comparison and asking the same question. Again, and it's just my opinion, pre-merger career expectation based on the actual state of pilots at their pre-merger carriers is the most significant factor in avoiding windfalls.
#458
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Joined APC: Apr 2008
Posts: 3,240
but the Nic would give fast access to pre-merger AA Group III and even Group IV flying by pilots who previous pre-merger career expectations maxed out flying narrowbody equipment for $80-$130/hour (or thereabouts) out of one domicile. Considering the various placement of West pilots on the Nic list, I can see a lot of windfall opportunity at the expense of pre-merger AA pilots .
#459
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Joined APC: Jan 2013
Posts: 203
Not sure that's quite accurate. Of course the West doesn't have 330's which paid more and the 757 paid more on the East. But for the Group II, up until just a few years ago, when the attrition started ramping up, almost ALL the FO's on the East Group II aircraft were top of scale pay. My guess is that there was nowhere near the same percentage of West FO's making top of scale pay...
#460
Not that it matters in the grand scheme of things, but we have a few AA pilots in my Reserve unit, and we talk about this stuff from time to time. None of them view the Nic award as "fair". Not that they have any love for USAPA, but I'm not sure how far the west will get with trying to use the Nic list.
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