We? Is that a mouse in your pocket? Seems like you're the one citing these cases and then recanting them as not exactly relevant.
Ah, but you forget - the MINORITY also has veto power in this case. If there's an election, and if USAPA wins that election, and if USAPA can get the company to agree to disregard the Nic award, and if the company's price for disregarding the Nic award is not so high to high for even the East pilots to accept, then the West pilots also have to agree to that contract or everything stays status quo. Assuming that another merger doesn't make it all moot, or that Parker won't get tired of the whole mess and use measures to force one side or the other to capitulate.
Jim
What everyone here seems to disregard here is single carrier status. ALPA cannot apply to the NMB to "merge" mecs until AFTER the tentative agreement is passed. No tentative agreement, no merged MECs, no Nicolau.
USAPA bypasses ALPA merger policy and the transition agreement by combining them before with an election. USAPA MAY have to meet the same terms of the transition agreement that ALPA had to meet with the company, unless the company waives them (agreement expired June 2006). USAPA can pass a list that meets the terms of the transition agreement just as much as ALPA can. You disagree. So we'll just find out. Here is the REAL point: the transition agreement has too many holes in it for it to be "enforced" in the manner West guys interpret. the salient points are:
"V. Negotiation of a Collective Bargaining Agreement
G. The duration clause of the Single Agreement negotiated under this Section V. will replace the respective duration clauses of the America West and US Airways ALPA collective bargaining agreements.
In the event such Single Agreement is not reached on or before June 30, 2006, then on June 30, 2006 either the Association or the Airline Parties may decide to suspend negotiations for such Single Agreement depending on the progress at that time, provided, however, that the Airline Parties will continue to be obligated to complete the Operational Pilot Integration within the specified timeframe outlined in Section VI. below. Nothing contained herein shall alter, change, or constitute a waiver of the rights of any party under the Railway Labor Act.
"VI. Operational Pilot Integration
A. Except as provided in paragraph B. below, the airline operations of America West and US Airways, with respect to pilots,
shall be merged no later than twelve (12) months following the later of (i) completion of the integrated pilot seniority list and (ii) negotiation of the Single Agreement provided that if by that date a single FAA operating certificate has not been issued, the airline operations, with respect to pilots, will be merged effective with the first bid period following thirty (30) days after the issuance of such certificate. The Airline Parties will make every reasonable effort in good faith to secure a single FAA operating certificate for America West and US Airways as promptly as practicable. The merger of the airline operations, with respect to pilots, under this paragraph A. is defined as the“Operational Pilot Integration.
B.
The Airline Parties then in existence and the America West and US Airways MECs
may jointly agree to implement one or more selected provisions of the Single Agreement prior to Operational Pilot Integration as defined in paragraph A. and apply such provision or provisions to America West, US Airways, or the Single Carrier as the Airline Parties collectively and both MECs may agree."
There is no East MEC/ West MEC after and election. Both Airline parties are "dissolved" after the election. Both sides are combined, the "parties" ALPA, East and West no longer exist if USAPA is voted in. East and West majority/minority are combined into "single carrier status" and same "craft and/or class" with the Election. USAPA will combine BEFORE what ALPA MUST combine after. There is no West minority or East majority anymore. The ballot box will determine the Majority/minority issue when ALL pilots cast their votes. And that is what the judge is going to look at.
We'll see how events play out. The East can't be convinced. The West can't be convinced. So, again, no matter HOW MUCH CASE LAW gets posted on this site, I really only care about one thing...the EAST pilots get it. And they do! (You don't realize just how MUCh they do, but I've been out there talking to them so I should know.) I know, my "opinion" is probably of even les value here than Kirbys. But I don't post here for him OR obviously for you. I post here for US Airways pilots that want information that makes sense.
Look, I can't seem to lodge guys away from the ALPA terminology of Arbitration and "final and binding". What will be best is when the courts get it and you can read the ruling there.
Here is the next thing. As I said, we are not only at stalemate between East and West, we are at whipsaw as well. The East is growing, especially international and the East guys know it. It will take over 1422 pilots on the East to ratify the tentative agreement, if any, especially if the company won't buy off the award. 122 million dollars, give or take is about all they'll do.
I'll agree with Kirby on this one....it does'nt matter what you or I think, it is going to matter what the majority of the East pilots want to do...stay in ALPA and get more of the same or get out. I can tell you the Wilson poll is telling ALPA what I am telling you now. The smear campaign against USAPA, lawyers, money , East pilots, who is better, yatta, yatta, yatta, is increasing in intensity... what have you, but it has caused the East pilots to galvanize into a solid force that simply acknowledges that this cannot be settled in ALPA.
The card "issue" is resolved and is simply at a finishing point right now. In fact I understand MORE pilots have submitted cards that didn't previously in the past several days. Donations are UP, regardless what ACPC and ALPA or the West MEC might be telling you. This election is coming and whether you or I feel ALPA gone is a detiment to MY career or an advancement to your career is irrelevant. The majority of the votes in this election is going to carry the day. And well have to go from there.
What Parker cannot do is interfere with ANY representational election. You think they can "force" something, I can tell you they are taking a hands off approach, first, and second, the company WILL accept a list from USAPA if it meets the companys terms and restrictions in the agreement if they want. And even then, its up to them to decide even if they WANT to continue to negotiate under the terms of the transition agreement. However, those terms ARE waiveable if the COMPANY wants to waive them. The terms of the agreement expired June 2006, for ALL PRACTICAL purposes.
Again, this isn't about the "mouse" in my pocket or the royal "we", its about reality. Something of which I think I can safely say we're ALL about to get here shortly. I'm tired of "reposting" the same stuff I already have. So again, we'll just have to see.
As far as the Whirls case, I posted it to refute what everyone seems to believe....if the UNION says its final you have to accept it.
