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Old 09-25-2008, 03:45 PM
  #1861  
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They would just come back with whatever they decided with out the fences. It would be up to us to accept or reject. IMHO
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Old 09-25-2008, 06:24 PM
  #1862  
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Originally Posted by Free Bird
I dont think mngt. wanted fences. Although I believe it's up to the arbitrators how and if they go up in the first place. I'd be surprised if there is NOT any fences of some kind.

But once again, it's all in someone else's hands.
I do not believe management has the legal right to reject the seniority list. Both ALPA's agreed to amend the "usual" process of ALPA national's merger procedure in obtaining a seniority list. Both ALPA's did not (to my knowledge) waive the mandate of management accepting the results of the arbitrator, or union negotiated result.

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Old 09-25-2008, 06:28 PM
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Originally Posted by acl65pilot
They would just come back with whatever they decided with out the fences. It would be up to us to accept or reject. IMHO
There is a significant misunderstanding here. Once the arbitration panel makes their ruling, none of us has the legal right to amend or reject in any way. That's what arbitration means. If anyone has something to the contrary in writing, please educate me... because I missed the part where it says DAL, NWA, DALPA, or NWALPA reserves the right to amend or adjust as necessary the results of the arbitration board.

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Old 09-25-2008, 06:48 PM
  #1864  
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I agree Carl, I don't think mngt. has any say in this. That being said, mngt. would prefer Not for us to have fences. As you stated, it is really up the arbitrators as far as I know.
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Old 09-26-2008, 02:35 AM
  #1865  
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Yes, but the company can accept or reject the arbitrated decision with qualifiers. That was my point.
I do not see that happening, but they have the ability to reject it if they so choose. Not that they would. I think that they know if fences are in the arbitrated decision, it is a small price to pay to have this issue behind all of us.

Last edited by acl65pilot; 09-26-2008 at 03:10 AM.
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Old 09-26-2008, 03:46 AM
  #1866  
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Originally Posted by Free Bird
I agree Carl, I don't think mngt. has any say in this. That being said, mngt. would prefer Not for us to have fences. As you stated, it is really up the arbitrators as far as I know.
Relevent Delta contract section

b. the pilot seniority lists of the Company and the acquired airline will be integrated
pursuant to Association merger policy if both groups are represented by the
Association, or if the airmen of the acquired airline are not represented by the
Association, then pursuant to a method to be determined by the Delta MEC.
1) However, in either case, the integrated seniority list produced by the Association,
including any attendant conditions and restrictions, will be subject to the approval of the Company, and will be submitted to the Company for approval within
twelve months of the date the Company or any affiliate acquired control of the
acquired airline. The Company will provide the Association with its decision as
to approval or disapproval (including its reasons for disapproval) of the integrated
seniority list produced by the Association within two months following receipt of
the integrated seniority list. If the Association does not without good cause
produce and present an integrated seniority list to the Company for approval
within twelve months of the date the Company or any affiliate acquired control of
the acquired airline, the pilot and airman seniority lists of the Company and the
acquired airline, respectively, will be integrated pursuant to the arbitration
procedures set forth in
Section 1 D. 8. b. 2).
2) If the Company rejects the list produced by the

Added note, USAIR management had to except the list produced in their binding arbitration which they did.

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Old 09-26-2008, 05:15 AM
  #1867  
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Thanks I was going to post that, but you beat me to it.
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Old 09-26-2008, 06:45 AM
  #1868  
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Originally Posted by sailingfun
Relevent Delta contract section


2) If the Company rejects the list produced by the
Added note, USAIR management had to except the list produced in their binding arbitration which they did.

Can you post the rest of 2)? I'm wondering what happens if they reject the list. Thanks.
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Old 09-26-2008, 08:15 AM
  #1869  
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Originally Posted by Hawaii50
Can you post the rest of 2)? I'm wondering what happens if they reject the list. Thanks.

2) If the Company rejects the list produced by the Association, the Association may
modify the list and resubmit it to the Company for approval within three months
after the date of such rejection, or at the election of the Association, the
Association and the Company will submit to an arbitrator mutually selected by the
Association and the Company for a final and binding decision, the choice of a list
produced by the Association and a list produced by the Company. If the seniority
list integration issue is to be submitted to an arbitrator and the Company and the
Association cannot agree on the selection of an arbitrator, the arbitrator will be
selected from the list of arbitrators referred to in
Section 19, utilizing the alternate
strike-off method, with the right to first strike a name from such list determined
by the toss of a coin.
3) If the Association does not resubmit a modified list within the permitted time
period or does so resubmit a modified list but it is rejected by the Company, then
the matter will be decided through the arbitration procedure set forth in

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Old 09-26-2008, 03:11 PM
  #1870  
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Ahh, thanks. Looks like they have a little more say than I would have liked. It states they can reject the "list" but I wonder if that means the conditions and restrictions as well.
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