Show me the DoH acceptance letter that Parker put out stating they accept USAPA's proposal in substitution for the Nicolau award per the TA. You go by a very weak interpretation where all Hemingway states was that something was "passed" but no where does it say accepted. So move on AW. You're the only one who thinks they accepted the list when its clear they haven't.
Again idiot, that section of the contract was still open, never negotiated because of unripe lawsuits.
"Five months after certification, USAPA presented a seniority
proposal to the airline. The proposal incorporated date-ofhire
principles. Although the proposal contained some protections
for West Pilots, it was not nearly as favorable to West
Pilots as the Nicolau Award. The airline had not yet
responded to the proposal when the district court entered its
permanent injunction."
"Not until the airline responds to the proposal, the
parties complete negotiations, and the membership ratifies the
CBA will the West Pilots actually be affected by USAPA’s
seniority proposal — whatever USAPA’s final proposal ultimately
is."
I think you are putting too much into "accept." Sure they accepted the Nicolau award, just as you accept a letter. But it was a proposal, and we never closed it out in a contract. Now, you guys say we have a CBA, and Judge Silver agrees with you, but you fail to recognize that it doesn't matter if the Nicolau was "accepted" because the new "CBA" excludes it. If it didn't why would we have a suit going on? So, In completing our negotiations, all parties agreed to not make the "accepted" Nicolau award part of the new contract.
