- Joined
- May 8, 2007
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We know WHAT Pyrrhic means. The ONLY issue that was asked by AOL was whether THEY should be given a seat at the table. AOL (and Janus group) do not have separate participation. In fact, AOL lawyers stepped on their own shanks by posting that very CAB case which she read, UNDERSTOOD and ruled on:CactusPilot1 said:
"One final matter deserves comment. A group formed specifically to represent 510 furloughed Pan American employees, the Janus Group, has asked the Board to grant it separate arbitration rights under the LPPs if the Group concludes, after the completion of the seniority list integration, that its interests have not been adequately represented by the unions charged with its representation. 165/ In addition, the airmen ask the Board to modify section 3 of the LPPs, which deals with the integration of seniority lists, by listing all airmen by "date of hire," whether currently on active or furlough status.
166/ The airmen's concern is twofold: first, some have been furlough-for as long as ten years, whereas National has no furloughed airmen, and has hired new airmen within the past year; second, as furloughees they have no voting or participating rights in the unions which will be negotiating their seniority status. Under these circumstances, the Janus Group fears that its interests will be disregarded. We recognize that the furloughed airmen's position vis-a-vis seniority is uncertain. We believe that we must leave to the unions, however, the task of finding an equitable solution to this problem.
Our grant of independent arbitration rights to a group already covered by the LPPs and entitled to be represented in the seniority list integration proceedings would interfere with the established representation format and, in effect, set up another bargaining unit. We do not think that the Board should tamper with and inevitably complicate the procedures used to negotiate seniority list integration by setting up a third force. However, we would not want to dictate, by imposing the "date of hire" language suggested by the Janus Group, the manner in which seniority is to be integrated. Both modifications would undoubtedly affect issues and procedures about which we have too little information or experience to make sound judgments. We therefore deny the modifications sought by the Janus Group.
166/ There is apparently some confusion over whether the airmen are represented by the Air Line Pilots Association (ALPA) or the Flight Engineers' International Association (FEIA), most of their names appearing on each union list. Since both unions testified at oral argument before the Board that the furloughees are included under law in the protections offered by LPPs, we trust that either union is prepared to represent these employees.
167, In doing so, however, we urge the union or unions representing the Janus Group airmen to make every effort to see that they are given extensive consideration, and that their interests are fairly and fully represented."
