767jetz said:
I disagree with your assessment. While the UA MEC will have a strong voice in any future integration, stapling (or endtailing as you put it) is not in the cards. Of course if you consider anything other than DOH as a staple job, then there is no hope of you understanding any other point of view. And convincing you otherwise would be a waste of time.
You've convinced me. So you DIDNT waste my time. But this isn't the real issue.
As evidenced by the last attempted merger of UA and US, the UA MEC was interested in relative seniority and career expectations as per ALPA merger policy.
ALPA merger policy is a "process". Not my words, but Praters words. What one side argues before the Arbitrator and what the other argues, in the end result, is what is in the eyes of THAT arbitrator, and that arbitrator only. But this is not the real issue.
The same position recently validated by Nicolau. It was the US MEC that insisted on DOH and took the "see you in arbitration" stance.
As for the mistake of the East MEC I'll be FIRST to tell you to go to arbitration was a mistake, period. Nicolau didn't "validate" anything. He simply chose. And I'm square with that. All of what you said so far, let say, I agree with. But this is not the real issue.
When the UA MEC refers to protecting the interests of United pilots, they are referring to not allowing a repeat of the East MEC's aspirations of 2000. They are also referring to not being "railroaded" by any other MEC or management team. Additionally, IF a merger were to occur with a non-ALPA airline, then there would certainly be more leverage to dictate the outcome. But stapling will still not be the order of the day.
I might also agree with you on this statement except fot the non-ALPA part and until the very end when you said "stapling will still not be the order of the day." You should use the term "may". I will agree with you that that scenario is highly unlikely...but that is not my point. The UAL pilots have to weight the risk of arbitration with the outcome of an "award" that their majority will vote on. NO? With the way the arbitration went on here...how inclined do YOU think the "rank and file" over there are going to wish to be part of a "flip of a coin", if you will?
The real problem here, and what our MEC didn't KNOW, just for a point of order, is the arbitration LOOKS like a court in the respect you have testimony, give evidence, points of order, motions...etc. You have many of the "trappings" of a court, but an arbitration, and listen carefully here, is the difference:
Courts of Law where judges only weight both the Facts and the Law are called courts of equity (in louisiana and other states they may call them something else but the purpose is the same); in jury trials the jury is TOLD to weight the facts presented to them but the judges rule on the law. The jury VOTES and the outcome of the case is decided. This brings us up to the subject for discussion of jury nullification which is what we do... with our the vote. The Arbitrator made the choise, but the pilots vote to accept or deny the law. And that is what a CB Agreementis, isn't it? The LAW?
The arbitration board weighs the facts but only the arbitrator rules on what HE thinks the "outcome" ought to be, but its not law. NOT BECAUSE of the way he ruled in OTHER hearings. If you do not believe me, this is what he said..." that each case turns on its own facts".
Courts of law are different in that they generally rely on how other cases were decided and they then (usually) decide to rule that way or as close to that way as circumstances dictate. Its a maxim in our system generally referred to as "Stare Decisis' which is Latin meaning "to stand by that which is decided." It's the "principal" that the precedent decisions are to be followed by the courts.
This is filler for you here, though and isn't really at issue either.
What IS at issue, however, is that the jury in this case is comprised of the voters. Now YOU have to make your case for the TNA to the VOTERS!
What you will most likely see is a merger between UA and DL, or UA and CO, with a Nicolau-like solution of relative seniority, while USAirways sits on the sidelines in the throws of a civil war resolving your current integration issues.
And here you've just made my point. Will either side "trust" the arbitrator to make a decision that the majority of pilots will vote for? This is the question you should be asking. Or put another way, can you get the majority of even the combined pilots to accept AND VOTE for a TNA with the "award" in it? Can you convince the MAJORITY to vote for a contract that they are convinced is "fair" and/or "reasonable"?
So let's test this hypothesis and come back to the question just between you and I with this set of conditions:
1. A TNA is out right now. "The list" is included in the TNA. You like it for whatever reason...money, workrules, "the list", whatever. So, we'll do a simple type of "roll call" vote.
2. Your vote represents 1,622 pilots in the West and you vote YES.
Passes out west UNANIMOUSLY.
3. Your vote ALSO represents 2,844 divided by two (50%) = 1422 in the EAST.
4. My vote represents 2,844 divided by two (50%) = 1422 in the EAST. (Can't cut guys in half and make half votes so we're two pilots apart, not one in the numbers) If I vote NO, for ANY REASON, the TNA fails because you MUST have a MAJORITY of the EAST pilots. NO?
We may agree on all that is said here but in the final analysis, the vote is taken and I voted no.
5. You control a total of 3044 yes votes of the total 4466 pilots eligible to vote or 68%.
6. I control a total of 1422 no votes of the total 4466 pilots eligible to vote or 32%.
You won the popular vote but I won the "CONTROLLING" vote. NO?
How are you going to convince ME to vote YES to a TNA that has "the list" in it if I have the CONTROLLING vote?