Is USAPA Seeking to Repudiate the MOU Seniority-Integration Process in its Entirety?
Gary Hummel said: On February 21, 2014 in a President's Update Gary Hummel said, "The McCaskill-Bond law will govern seniority integrations for the American/US Airways merger and the law memorializes sections 3 and 13 of the Allegheny Mohawk LLPs. .Although the procedures of the McCaskill-Bond legislation are in place, the Company and APA appear to be attempting to accelerate the NMB procedures for determining the bargaining representative of the pilots in order to subvert the authority of USAPA in the seniority integration process. In doing so APA is asserting that once it becomes the bargaining representative for all of our pilots, it will have the right to control the process and the merger committee that will represent the USAPA pilots in the arbitration."
"For this reason, your union filed a request yesterday with the NMB for a list of arbitrators under section 13(a) of the Allegheny-Mohawk LLPs. This provision provides 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. Invoking this process will ensure USAPA’s Merger Committee can represent you through the seniority integration process," Hummel noted.
American Airlines Group said: The Company told the D.C. Court hearing USAPA M-B complaint that “By its Complaint in this action and by unilaterally seeking a list of arbitrators from the NMB in furtherance of its scheme to expedite the arbitration hearing before a single arbitrator, USAPA has definitively expressed its intention not to be bound by the terms of the MOU Seniority-Integration Process as an ‘alternative method for dispute settlement’ under Section 13( B) of the Allegheny-Mohawk LPPs. By filing the instant factually and legally meritless Complaint, in which it seeks to repudiate the MOU Seniority-Integration Process in its entirety, USAPA has violated its duty under Section 2, First, of the RLA to ‘exert every reasonable effort to make and maintain agreements’ (emphasis added), in particular, MOU Paragraph 10. US Airways has already been harmed by USAPA’s disregard and repudiation of the MOU Seniority-Integration Process arbitrator-selection procedure, and will be further and substantially injured if USAPA is permitted to repudiate its other contractual obligations under the MOU Seniority-Integration Process.”
USA320Pilot asks: What's the true story here? Why do we have two totally different arguments and positions on this critical point? Whose providing misleading comments? USAPA in an update to the pilots or AAG in sworn testimony in federal court?
How come the pilots never seem to get straight information?
