cltrat
Veteran
- Aug 29, 2007
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Even if the TWU Fleet seniority language in 1e(1) was directly applicable to the AA/US scenario (It’s not), I see no reference to seniority as being sacred; it is simply the Allegheny Mohawk LPP’s with a sentence that attempts to protect hours, pay, and work conditions…IF…those provisions in the LPP’s are not adhered to.
Here is the portion of the AA/TWU contract I’m speaking of…
(e) The integration of the seniority lists of the respective employee
groups will be governed by the provisions of Sections 3 & 13 of Allegheny-
Mohawk, 59CAB22 (1972), provided that no employee on the master seniority list
will be adversely impacted in rates of pay, hours, or working conditions by the
integration.
Here is the rest of the story…
(f) Merger, Purchase, or Acquisition by Another Company
In the event of a merger, purchase, or acquisition of the Company by another
company, the TWU and the Company will meet to discuss the merger, purchase, or acquisition. The Company will provide the TWU with information concerning the proposed merger, purchase, or acquisition at the earliest feasible time to allow for the Union to prepare for those discussions. Those discussions will include the impact of the merger, purchase, or acquisition upon the TWU represented employees.
(g) Labor Protection Provisions:
In the event of a merger, purchase, or acquisition of the Company by another
company, the integration of the seniority lists of the respective employee groups will be governed by the provisions of Sections 3 & 13 of Allegheny-Mohawk, 59CAB22 (1972).The employee groups of each carrier will remain separated until such time as the seniority lists are integrated in accordance with this paragraph.
Here is what the Allegheny Mohawk sections say…
Section 3 specifies that:
“insofar as the merger affects the seniority rights of the carriers’ employees, provisions shall be made for the integration of seniority lists in a fair and equitable manner, including, where applicable, agreement through collective bargaining between the carriers and representatives of the employees affected. In the event of failure to agree, the dispute may be submitted by either party for adjustment in accordance with section 13.
Section 13 of the Allegheny-Mohawk order directs that when a dispute or controversy cannot be settled by the affected parties within 20 days, either party may refer it to an arbitrator selected from a panel of seven names furnished by the NMB. The parties involved select the arbitrator by alternately striking names until one remains. The selected arbitrator must render a decision
within 90 days unless the parties agree to extend that time limit. The salary and expenses of the arbitrator are shared equally between the employer and employee group or individual employees. The arbitrator’s decision is final and binding. The involved parties may agree on an alternative method for dispute resolution or an alternative procedure for selecting an arbitrator. The new federal law, however, provides that if the same collective bargaining agent represents the combining classes or crafts at the newly merged airline, then that collective bargaining agent’s internal policies regarding integration will supersede the Allegheny-Mohawk provisions. This is an important distinction for the pilots in the proposed Northwest-Delta merger. Since both pilot groups are represented by the same union, they are allowed to resolve the issue among themselves. For other unionized employees who are combining with nonunion employees or employees of another union, the provisions of their collective bargaining agreement related to integration or successor clauses apply only if they do not contradict the “fair and equitable” standard and arbitration procedures of Allegheny-Mohawk. The role airline management would have in integration discussions under these circumstances is unclear.
Now… how can any of these words be construed as some magic, exclusive, “sacred” language?
what I see is like all these contract it seems , enough gray area for a fleet of battle ships. of course that damn federal law is just as bad.It couldn't say anything specific just "just fair" What a load of horsesh**