Usapa update 1/17 RE: arbitration
#31
Banned
Joined APC: Jun 2008
Posts: 8,350
I disagree with your assertion about the similarity. USAir was highly profitable relative to its peers because 2/3 of the pilot group insisted on operating on a bankruptcy contract in exchange for separate operations. I'm sure the Mr. Parker's bean counters ran the numbers and decided the contractual money savings was more than accommodating. That pay disparity no longer exists and that dissolves the cost advantage to separate ops...therefore management won't allow it.
Or maybe I'm completely off base.
Or maybe I'm completely off base.
Moot point though. Any effort by USAPA for another end run around what they don't like will be futile.
#33
Banned
Joined APC: Jun 2008
Posts: 8,350
You need to reread:
1. The amended complaint
2. Judge Silvers ruling
3. The Company's "mootness" answer (in appeals)
4. AOL support of USAPA in the DICTA argument
5. And lastly, the PAB ignoring the Ninth in their "award" without addressing the merits of the statute.
It really becomes a question of how (not necessarily IF) the PAB award gets entered into the record of the Ninth regarding the "dicta" issue. They would probably remand it back to Silvers court for a ruling consistent with M-B.
Remember, the OFFICIAL timeline for the finality of seniority integration was Dec 9, 2013. At that time, under M-B APA represented LAA and USAPA represented LUS. That is the trigger measure date for who represents who, NOT Sept. 16, 2014.
There are SEVERAL Ninth/Supreme Court rulings that have allowed arbitration rulings to be vacated.
But, well just have to see.
1. The amended complaint
2. Judge Silvers ruling
3. The Company's "mootness" answer (in appeals)
4. AOL support of USAPA in the DICTA argument
5. And lastly, the PAB ignoring the Ninth in their "award" without addressing the merits of the statute.
It really becomes a question of how (not necessarily IF) the PAB award gets entered into the record of the Ninth regarding the "dicta" issue. They would probably remand it back to Silvers court for a ruling consistent with M-B.
Remember, the OFFICIAL timeline for the finality of seniority integration was Dec 9, 2013. At that time, under M-B APA represented LAA and USAPA represented LUS. That is the trigger measure date for who represents who, NOT Sept. 16, 2014.
There are SEVERAL Ninth/Supreme Court rulings that have allowed arbitration rulings to be vacated.
But, well just have to see.
#34
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Best part of the update:
once again the east pilots get to decide what is fair and equitable. Anyone have any doubts how this is going to go for the east committee?
We are fully prepared to oppose any proposal that attempts to integrate the pilots of the New American Airlines in any manner that is not fair and equitable.
#35
Gets Weekends Off
Joined APC: Nov 2014
Posts: 1,238
#36
Banned
Joined APC: Jun 2008
Posts: 8,350
Actually, their committee gets to ARGUE whatever they believe to be fair and equitable, just as the West and LAA committees. Let's face it, the West WILL argue and present a position that only includes the Nic and the East WILL argue and present one that doesn't, so only one side in this two-party dispute can prevail. I think the biggest error is assuming THIS SLI's principle purpose is to resolve that dispute, when in fact, it's NOW a more complicated equation to produce a fair and equitable ISL considering that it's an SLI with AA and AA pilots and not just one between US Airways and America West.
#38
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Actually, their committee gets to ARGUE whatever they believe to be fair and equitable, just as the West and LAA committees. Let's face it, the West WILL argue and present a position that only includes the Nic and the East WILL argue and present one that doesn't, so only one side in this two-party dispute can prevail. I think the biggest error is assuming THIS SLI's principle purpose is to resolve that dispute, when in fact, it's NOW a more complicated equation to produce a fair and equitable ISL considering that it's an SLI with AA and AA pilots and not just one between US Airways and America West.
#39
Banned
Joined APC: Jun 2008
Posts: 8,350
I think you're clinging to a belief that interpretation of an arbitration to decide your inclusion means more then it does for another panel. THAT arbitration didn't involve the more complex equation of a fragmented U pilot group bring integrated with AA pilots, whereas the next one will. The principle purpose of the upcoming arbitration is fair and equitable merger of 3 pilot groups, not necessarily mandatory resolution of the Nicolau debacle.
#40
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
I think you're clinging to a belief that interpretation of an arbitration to decide your inclusion means more then it does for another panel. THAT arbitration didn't involve the more complex equation of a fragmented U pilot group bring integrated with AA pilots, whereas the next one will. The principle purpose of the upcoming arbitration is fair and equitable merger of 3 pilot groups, not necessarily mandatory resolution of the Nicolau debacle.
Thread
Thread Starter
Forum
Replies
Last Post