AANOTOK – I don’t know how many cases you’ve arbitrated but here’s my view
Flex Vacations Loss: Based on the Arbitrated decision this could have gone either way and the Arbitrator chose to side with the company. As much as we dislike it, it does happen, and I don’t know of anyone who has a 100% win record. --This only had one way to go and that's what was the decision. The Judge clearly states the issue not contractual and therefore an unwindable case.
Prefund Match: The TWU filed a 29D grievance and the case was scheduled but American failed to provide the TWU Attorney with the documents he requested, so the case was postponed prior to the hearing date. I’m sure you have years of experience in these matters, but do you think American might have failed to produce the documents because they might go against their interests. Going forward under these circumstances would be the height of stupidity. --The TWU case (and the APFA) case were pushed back because there is still no contractual violation. The question about the retiree benefits and the retiree medical Trust is still in the hands and Court of Judge Lane. Unless the Judge gives another extension to the case, and there have been several, the arbitration concerning this won't take place until it has exhausted it's time within the BK Court.
Equity Shares: Some disgruntled early retirees who felt they should get an equity share equal to the remaining active employees who were credited for future concessions they were exposed to sued The TWU. The TWU Equity Committee comprised of Local Presidents didn’t agree with their viewpoint. The Judge in the case required the TWU to hold back a percentage of equity in the event the early retirees prevailed in court. I believe most of you agree, as I do, with the position taken by the equity committee. The court will make the final decision. --Case will probably be dismissed in January. The only question to this case and the Judge is the "Me Too" portion of the Equity which wasn't directly tied to any concessions given in BK Court. The plaintiffs will probably get nothing, with a remote possibility of getting a judgment equal to 1.7% of the total 4.8% of the Equity.