- May 8, 2007
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A USAPA win would not invalidate any of the arbitrated awards at USAirways east.
Assuming USAPA becomes the bargaining agent AND when that happens there is not already a joint contract ratified and in place, then USAPA would become the contract administrator for TWO contracts (east and west) and TWO separate seniority lists. Both of these lists are already set in stone, and these are the lists with which USAPA will work.
If the joint contract is already in place, then the Nicolau list will automatically be set in place, also. If USAPA then wins as bargaining agent, it will administer the one contract and the Nicolau list. I believe this is acknowledged on the USAPA website, too. Once Nic becomes effective, that's it. And that is also why a new bargaining agent can't change the lists in effect when the election takes place.
Invalidation of the award is NOT the correct term. Enforcement is more the correct term. The arbitration award is only as good as ALPA remains the CB agent AND the MAJORITY votes for a contract that has the award in it. As I have posted here before, seniority is part of the contract. ALL contracts under RLA do not expire...they become amenable. They are what is known as Federal contracts. Adjudication of these contracts occur in Federal courts if their is any dispute not resolved at the NMB first (there is a least one exception to this but it is not germane for this discussion). If USAPA becomes the new CB agent, they are not bound to negotiate ALPA merger policy any more than they are the ALPA Constitution/bylaws/policy.
It is NOT acknowledged on the USAPA website.
The collective bargaining agreement is property of the pilots employed by the airlines.
The constitution/bylaws/policy are the property (property is technically not the correct term but it DOES prescribe ownership, which is what this is all about) of the collective bargaining agent...in this case ALPA. ALL contracts are amenable at any time on RLA carriers, period.
For example, any contract can be reopened before the amenable date IF both parties (Employer and employee) agree to open it.
USAPA is no more bound to enforce Nicolau than it is to enforce ALPA's constitution/bylaws.
Please read my previous post. http://www.usaviation.com/forums/index.php...st&p=540989