nic4us said:
The company's motion is to strike a footnote from the ruling correct?
How does that stop the NMB from doing a single carrier status determination?
Oh, one more thing. The SCAB posters on this board seem to make a big deal out of what is dicta (non-controlling) and what is the ruling.
So, ask yourself this, isn't this footnote just "dicta"? You know, doesn't mean anything anyway?
once decertified " usapa must immediately remove itself from the integration process".
Bye bye SCAB union, the judge ordered your demise.
I guess the company is worried that the west will take the dicta and sue again. Good odds.
Have you read document 300?
"Indeed, the text of the MOU allows for such a procedure. See MOU ¶ 10(f) (“The
company(ies) shall provide information requested by the
merger representatives for use
in the arbitration . . . .”); ¶ 7 (“New American Airlines and US Airways shall reimburse
the merger representatives involved in the seniority integration process in an aggregate
not to exceed $4 million.”) (all emphasis added)."
"f. A Seniority Integration Protocol Agreement ("Protocol Agreement") consistent with
McCaskill-Bond and this Paragraph 10 will be agreed upon within 30 days of the Effective Date. The
Protocol Agreement will set forth the process and protocol for conducting negotiations and arbitration,
if applicable, and will include a methodology for allocating the reimbursement provided for in
Paragraph 7. The company(ies) will be parties to the arbitration, if any, in accordance with McCaskill-
Bond. The company(ies) shall provide information requested
by the merger representatives for use in
the arbitration, if any, in accordance with requirements of McCaskill-Bond, provided that the
information is relevant to the issues involved in the arbitration, and the requests are reasonable and
do not impose undue burden or expense, and so long as the merger representatives agree to
appropriate confidentiality terms."
Notice that it doesn't say CBAs.
Looks to me like the company wants east, west and APA merger committees. But will this open the door to more? If the west can argue for a SLI that was "abandoned" by the MOU(YOUR WORDS), then what about the Empire pilots? How about the TWA pilots? How about the intrepid, downtrodden traderjake?