ARBITRATION PROCEEDINGS BEFORE THE MCCASKILL-BOND
BOARD OF ARBITRATION
"We start with the premise that the ultimate determination of how the Nicolau Award will inform our judgment as to what constitutes a fair and equitable integration of the
seniority of the various pilot groups that together constitute the pilot workforce of
the New American Airlines is unknown. That determination will be made by the
Board only after we have had the opportunity to carefully review all of the
relevant record evidence. Regardless of the precise positions advocated by the
Merger Committees, including whether or not any Merger Committee for the
East Pilots advocates for a methodology based upon the Nicolau Award or were to
advocate for a different methodology, we ultimately will accord the Nicolau
Award the weight that we believe it is entitled to receive in the context of the
particular seniority integration methodology that we utilize to develop a fair and
equitable integrated list.
Absent some restriction imposed by a Court of competent jurisdiction, the
ability to advocate to this Board that a particular methodology ought to be
utilized to help construct a fair and equitable integrated seniority list is not
something that the Board would limit in any way. There may be any number of
methodologies that, if adopted, may be of use in developing an integrated
seniority list that overall is fair and equitable. This Board has not yet had the
opportunity to review and study the record evidence that will be introduced and,
footnote 4
4 While enjoining the USAPA Merger Committee from participating in the McCaskill-
Bond seniority integration arbitration, except to the extent that it advocates the Nicolau Award, the Addington majority recognized that, given the requirement of a ratification vote by all pilots for any joint collective bargaining agreement, it was unclear whether the Nicolau Award would have been implemented fully but for USAPA’s actions. Further,the court expressly declined to order that an unmodified Nicolau Award be used to order the seniority of the East and West pilots in the arbitration.
McCaskill)Bond Act Pilot Seniority List Integration Arbitration Page 19 of 22
The New American Airlines (Procedural Questions) as a result, has not considered whether or to what extent weight appropriately ought to be given to the Nicolau Award in performing that function.
We recognize that the Addington Court imposed the injunction based
upon its findings as to the historical behavior of USAPA and its adverse impact
upon the West Pilots. It has been argued that there would be a certain ironic
inequity in “rewarding” the actions of the USAPA Merger Committee by allowing
their unilateral decision to withdraw from the arbitration to benefit those East
pilots whose interests were advanced in some ways by the historical actions of
USAPA. We do not believe, however, that limiting one or more Merger
Committees in terms of the arguments that they may advance is a stricture that
should be imposed by this Board.
Whether or not a Merger Committee is required to advocate in favor of
adoption of the Nicolau Award, we are not only authorized but obligated, as a
result of the provisions of McCaskill-Bond and the language of the Protocol
Agreement, to consider and give appropriate weight to all relevant facts and
history when determining both an appropriate methodology and when
determining whether the resulting integrated seniority list is fair and equitable.
For all of these reasons, we decline to answer Question No. 2 to the extent
that it seeks to have us opine on the applicability of a judicial restriction on
advocacy by any newly appointed East Merger Committee. To the extent that it
asks about whether there will be a Board-imposed limitation on advocacy by any
newly appointed East Merger Committee, we answer the question in the negative."
