2015 Pilot Discussion.
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snapthis
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The West Committee will not retry the case Arbitrator Nicolau heard and decided eight years ago about a merger that took place a decade ago (although it will bring to the hearing the entire record of that case if the Board feels the need, or has the desire, to review it). It is enough to say that the Nicolau Award is a valid award produced by a fair and impartial process, fully grounded in the facts presented therein, entirely consistent with the governing SLI jurisprudence and never characterized by any tribunal that has had occasion to review it as unsound in any way.
With that as background, the West Committee’s proposal for integrating the seniority lists necessarily begins with the fiction that there are three lists to be integrated – an East list, a West list and a legacy American list.4 The proposal’s methodology has four steps. First, it integrates the East and West lists as provided for by the Nicolau Award. A contrary decision on this threshold issue would result in the product of the Nicolau arbitration – a product produced by an indisputably premier neutral following an undeniably fair process – becoming, to the best of the West Committee’s knowledge, the only arbitrated seniority list in the history of pilot seniority integration cases that was never implemented and would deprive the West pilots of ever enjoying their fair share of the benefits of either merger. Second, the West proposal adds to that list, in date of hire order, pilots hired and placed on the East and West lists after May 19, 2005, the merger announcement date and constructive notice date under the Nicolau Award for the US Airways-America West merger. Third, the proposal "ages" that integrated list to reflect the disappearance of those US Airways pilots who retired or were otherwise removed from the list as of December 9, 2013, the agreed-upon constructive notice date for the US Airways-American Airlines merger.
After completing this exercise, the West Committee’s proposal integrates that list with the legacy American pilots (from the AAPSIC list) using a hybrid methodology that is built to account for two of the three dominant and measurable pilot group equities that arbitrators have considered in past cases when determining what approach to take to ordering an integrated seniority list: status-and-category on the one hand, and longevity on the other. It does so by assigning proportionate values to longevity and status-and-category – here, the West Committee proposes 35% and 65%, respectively – and it builds a list based on those values
With that as background, the West Committee’s proposal for integrating the seniority lists necessarily begins with the fiction that there are three lists to be integrated – an East list, a West list and a legacy American list.4 The proposal’s methodology has four steps. First, it integrates the East and West lists as provided for by the Nicolau Award. A contrary decision on this threshold issue would result in the product of the Nicolau arbitration – a product produced by an indisputably premier neutral following an undeniably fair process – becoming, to the best of the West Committee’s knowledge, the only arbitrated seniority list in the history of pilot seniority integration cases that was never implemented and would deprive the West pilots of ever enjoying their fair share of the benefits of either merger. Second, the West proposal adds to that list, in date of hire order, pilots hired and placed on the East and West lists after May 19, 2005, the merger announcement date and constructive notice date under the Nicolau Award for the US Airways-America West merger. Third, the proposal "ages" that integrated list to reflect the disappearance of those US Airways pilots who retired or were otherwise removed from the list as of December 9, 2013, the agreed-upon constructive notice date for the US Airways-American Airlines merger.
After completing this exercise, the West Committee’s proposal integrates that list with the legacy American pilots (from the AAPSIC list) using a hybrid methodology that is built to account for two of the three dominant and measurable pilot group equities that arbitrators have considered in past cases when determining what approach to take to ordering an integrated seniority list: status-and-category on the one hand, and longevity on the other. It does so by assigning proportionate values to longevity and status-and-category – here, the West Committee proposes 35% and 65%, respectively – and it builds a list based on those values
snapthis
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I. The Board Should Begin the SLI Process by Integrating the East and West Pilots Using the List Produced by the Nicolau Award, Aged to December 9, 2013
A. At the threshold, we must dispel one canard that we anticipate will be given significant air time by at least one of the other Committees: that is, the notion that this is an SLI process involving three separate and independent lists on equal footing – a legacy "East" list, a legacy "West" list, and a legacy American Airlines list. That canard falls apart in the face of an undeniable reality: that the integration of the East and West lists has already been fully heard and decided, and that the result of that integration is the Nicolau Award.
The Nicolau Award was the product of a fair and equitable SLI process that was binding on the East and West pilot groups, that has never been found to have been outside of the range of reasonable outcomes under the prevailing SLI standards governing that process, and that was accepted by the Company as the seniority list that would govern US Airways pilots. The only fair and equitable starting point for this SLI proceeding – and the only starting point consistent with the principle that the results of SLI proceedings agreed to in advance by all interested parties are to be respected—is the Nicolau Award.
A. At the threshold, we must dispel one canard that we anticipate will be given significant air time by at least one of the other Committees: that is, the notion that this is an SLI process involving three separate and independent lists on equal footing – a legacy "East" list, a legacy "West" list, and a legacy American Airlines list. That canard falls apart in the face of an undeniable reality: that the integration of the East and West lists has already been fully heard and decided, and that the result of that integration is the Nicolau Award.
The Nicolau Award was the product of a fair and equitable SLI process that was binding on the East and West pilot groups, that has never been found to have been outside of the range of reasonable outcomes under the prevailing SLI standards governing that process, and that was accepted by the Company as the seniority list that would govern US Airways pilots. The only fair and equitable starting point for this SLI proceeding – and the only starting point consistent with the principle that the results of SLI proceedings agreed to in advance by all interested parties are to be respected—is the Nicolau Award.
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The West Committee also proposes that a certain number of A-330 captain and first officer positions that would otherwise go to either East or West pilots under the operation of the ISL go exclusively to West pilots until the specified quota is reached. Id. at ¶ 3. As will be explained in detail at the hearing, the reasons for this proposed condition and restriction is rooted in the US Airways-America West Transition Agreement, which provided a mechanism under which the East and West pilots could determine the allocation of aircraft between East and West pilots that were added to the US Airways fleet during the pendency of the Transition Agreement. As we will explain, the East pilots, through USAPA, prevented the West pilots from obtaining a fair allocation of A-330 flying to which they would have been entitled. The West Committee therefore proposes this condition and restriction to remedy this inequity
snapthis
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I'm still reading the brief. He's a link so you can find the answer.Claxon said:
https://public.alliedpilots.org/APA/LinkClick.aspx?fileticket=ICdsc9I5tG0%3d&tabid=1341&mid=3819
Black Swan
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This West proposal is the best thing that could happen to both APA and East pilots.snapthis said:
It is a common threat. The Nicolau will bring East and Native American pilots together to battle. How you can take the defined status quo date that was specifically defined and go back 8 yrs is going to get the West Committee in trouble from the start.
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