Question: But the problem is who represents (US Airways' pilots) in front of the arbitrators (after SCC in the M-B arbitration, if held)?
Discussion: The issue has been condensed the issue down to one question. USAPA will not be legally authorized to represent us after SCC in any fashion. This is not Judge Silver's order...it's federal law. This is no different than the representation following the ALPA-USAPA election, no different than the problem negotiating a change to the Nicolau Award with the West pilots who had no legal entity to bargain with, and will be no different with APA and USAPA.
Federal law only permits the dully authorized collective bargaining agent to make representation decisions. And, the M-B statute does not address the fact that two unions negotiate a contract that negotiates a SCC decision likely before you hold an ISL arbitration.
USAPA wants to act like a union after SCC, but USAPA negotiated and agreed to permit APA to become our agent before the M-B ISL and AAL, APA, and a federal judge believe USAPA is entitled to participate in the M-B process, after SCC, because the union and its membership waived this right.
Again, this is not me making this position. I'm only the messenger. The people advocating this position are the Company, APA, and a federal judge per their interpretation and federal law, which for US Airways' pilots is further complicated because of the union's inconsistent testimony that is being used against USAPA. How ironic...