Sometimes I have dreams, mostly all are good ones. To stay happy I keep a little pad of paper and a pencil next to my bed to write them down when I wake. Here was one I had last night. Please remember, this is all made up, so there is no meaning to any of it. In fact, it might just be some substitution for other problems I have in my life. But since we are friends here, I will share it:
Judge: I see you are back in Arizona again with a DFR against USAPA. Why are you here? I note the Ninth has already defined ripeness for you, and Judge Silver has defined the boundaries under which USAPA will negotiate. What has changed?
Harper: A lot. It is our contention we now have a joint contract with the East and West pilots of US Airways. The requirements for ripeness have been met. We now come to you with a DFR case against USAPA.
Judge: So you have a ratified contract. I actually see two contracts in your submissions, one for the West pilots and one for the East pilots. Do you have a new contract for me to see? Am I missing something?
Harper: Well it's complicated…
Judge: Humor me, that is why we are here, to get to the bottom of this. Go ahead..
Harper: What we have is an MOU, an agreement that says if the merger occurs with AMR we will be bound into a process that leads us to a joint contract. In fact our working conditions and compensation have been altered by this agreement, thus we now have ripeness.
Judge: What benefits are you actually getting now, today? More pay? Fewer days to work?
Harper: All US Airways pilots are accruing back pay to be paid on the POR, when the merger actually happens. They will also get an increased retirement contribution and some better work rules at that point.
Judge: What if the merger does not occur? Do you get that pay, those benefits?
Harper: Then nothing has changed..No..Strike that. I mean we would still be working under our separate agreements. Wait; let me refer to my notes……
Judge: First, relax. I simply wanted to know what happens if the merger does NOT occur. But go ahead, I am interrupting you…
Harper: It is our contention that the very ratification of the MOU moved the East and West pilots into a joint contract, under the current transition agreement, from 2005, it is our contention under ALPA merger policy they must now implement the so called Nic award. The fact that that has not happened is the reason for our DFR before you.
Judge: I thought Judge Silver already told the parties USAPA was not obligated to use that award? But let's proceed with your logic. Let's air this out. You are saying both pilot groups now share a single working agreement? You can all fly all the aircraft and bid into all the crew bases?
Harper: Actually no. But it is US Airways that has refused to complete the process.
Judge: So with that logic, this is not a DFR, this is a dispute with the Union and the Company, correct?
Harper: USAPA has not engaged the Company on this issue. They fear the implementation of the award. Even more DFR fodder in my opinion.
Judge: But under the RLA any pilot can file a personal complaint…I mean grievance..Sorry, I don't do a lot of RLA cases. Is that correct? Have you filed a complaint? This appears to be a dispute with your company, not a DFR? What is it?
Harper: Again, it's complicated. USAPA has dragged its feet for years in not getting a joint contract to keep the Nic from being implemented. This has cost the West pilots millions in compensation and benefits…
Judge: I thought the West Class, or was it Addington agreed with Judge Wake that that was not the case, no delay on the part of the union in negotiations?
Harper: I am sorry; I thought we could no longer reference that case..
Judge: My bad. After that…. you are saying the union has been dragging its feet?
Harper: Yes
Judge: I don't agree with illegal work actions, but are not the East pilots under an injunction for trying to force a contract? And since 2005, who is the more highly compensated group under their current agreements..The East pilots or the West pilots? I already know the answer, but go ahead…
Harper: Well, we have seen half our crew bases closed since 2005.
Judge: Did not US Airways close Pittsburgh, Boston, and New York since the merger?
Harper: Yes…but
Judge: Let's cut to the chase here.., you don't have an actual joint contract for me to view, and you want to take a DFR to a jury trial on the premise there MIGHT be a merger, and you MIGHT be harmed in a seniority integration going forward?
Harper: We feel the harm is already done, USAPA has said in public they will NOT use the NIC award. That's the harm.
Judge: Well, I have to say…it is clear to me that in the dicta of the Ninth, and from my colleague Judge Silver that indeed they are under no obligation to use that award. In fact, the Ninth said it might be possible that NO contract was ever ratifiable with that award, something to that effect. Of course I agree they probably won't use it going forward, if the merger happens. But what do you want me to do? Start a trial based on a merger that has not happened yet, and a merger process (agreed to by almost all your party) that has not reached completion?
I will allow both parties to submit final briefs, but unless you can show me an actual ratified contract between East and West, and then resolve your issues with your own Company within the RLA, I see no way I can move this forward.
End.
Greeter