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August 2013 Pilot Discussion

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As has keeping one's word, honoring one's contractual obligations and understanding the range of potential legal and enforceable outcomes of binding arbitration.

Better get a grip on what binds and what doesn't, kind of like your retrospective pay and Nic. List.
Ask your father to clear it up directly.
 
As has keeping one's word, honoring one's contractual obligations and understanding the range of potential legal and enforceable outcomes of binding arbitration.

Which came first, the TA or the Nic? You want to honor one, but not the other.
 
What? When did I say that the TA should not be honored?

My apologies, that was an overly broad statement with "you." I don't like it when it's done to me.

The west in general disregards the TA provisions. The JCBA agreement is like a decision tree. Do you have a JCBA? No-go back to negotiate a JCBA.

You are correct that the east didn't honor the Nic, but the fact is we didn't have to because of the TA-yet. We may have to, we may not. We'll see. Yes, had the east just gone along with the Nic we wouldn't be here, but that was NOT GOING TO HAPPEN. No matter what method was used.
 
My apologies, that was an overly broad statement with "you." I don't like it when it's done to me.

The west in general disregards the TA provisions. The JCBA agreement is like a decision tree. Do you have a JCBA? No-go back to negotiate a JCBA.

You are correct that the east didn't honor the Nic, but the fact is we didn't have to because of the TA-yet. We may have to, we may not. We'll see. Yes, had the east just gone along with the Nic we wouldn't be here, but that was NOT GOING TO HAPPEN. No matter what method was used.
Good enough. I was just confused as to what you thought I had said. The TA is in full force as a collective bargaining agreement until it is replaced by a predecessor agreement. It is the role of the bargaining agent to negotiate to replace amendable CBAs with a new one - a task that USAPA hasn't move an inch on in 4+ years. The west has no power to advance or interfere with the CBA's primary role to negotiate with the Company unless USAPA opens themselves up to a legal challenge by not honoring their contractual or statutorily-mandated duties. That's why the process is where it is - USAPA has opened themselves up to legal challenges by it's own members and also by the Company instead of actually doing what the NMB granted them exclusive rights to do. USAPA's choice, and they are the only ones who can make it, is to remain parked and wait for the various legal challenges to their position to be definitively resolved, or they can remove all legal challenges by closing out Section 22 with the NIC and then resuming their duty to covert the TA to a JCBA.
 
Good enough. I was just confused as to what you thought I had said. The TA is in full force as a collective bargaining agreement until it is replaced by a predecessor agreement. It is the role of the bargaining agent to negotiate to replace amendable CBAs with a new one - a task that USAPA hasn't move an inch on in 4+ years. The west has no power to advance or interfere with the CBA's primary role to negotiate with the Company unless USAPA opens themselves up to a legal challenge by not honoring their contractual or statutorily-mandated duties. That's why the process is where it is - USAPA has opened themselves up to legal challenges by it's own members and also by the Company instead of actually doing what the NMB granted them exclusive rights to do. USAPA's choice, and they are the only ones who can make it, is to remain parked and wait for the various legal challenges to their position to be definitively resolved, or they can remove all legal challenges by closing out Section 22 with the NIC and then resuming their duty to covert the TA to a JCBA.

I can't really argue with any of that. USAPA did open themselves up to what has happened, but again, not matter who the CBA was the east wasn't going to accept the Nic until they had to. So, that left you guys with a decision to make. You made it and with all the events, here we are.

Saying over and over again "If they east had just accepted binding arbitration...." is like me saying "If I were 10 feet tall I could change this light bulb without a ladder." Just not going to happen, so I have to come up with an alternate solution. I don't think the west's alternate solution has been very effect and we know it has been very expensive.
 
Did Reed Richards clue you in yet?

Yes he did....

He has made it clear that he feels the company has stabbed the scab union in the back by not breaking to their scab demands...

Let's see what were his complaints?

1. The scabs are still on LOA 93 despite the fact that they threw millions at trying to find a non-existant loophole to get out of that contract. Too bad they had to push all the way to an injunction and really get #### slapped.

2. That Parker negotiated with the APA and left the scabs out in the cold. DUH! Earth to uscaba...you are completely irrelevant!

3. Something about LTD 401k contributions? Don't know a lot about this one, probablywould side with RR had his scab union not thrown West furloughs under the bus so east pilots could steal their jobs.

4. Was there another..? I lost track amongst all e other false accusations he threw out.


BTW....the Nic is still the only accepted system seniority list for the combined LCC pilot
group. So, if the merger goes through, plan on APA+NIC and if the merger fails plan on NIC at LCC.
 
I still believe the final result will ultimately be something other than straight Nic or straight DOH, which could have been consensually agreed to years back and hundreds of millions of $ ago.

I agree with both of your points.

I think the DOH crowd would have been more likely to budge (given any indication it would fly) than the "Nic is it" weenies.
 
I can't really argue with any of that. USAPA did open themselves up to what has happened, but again, not matter who the CBA was the east wasn't going to accept the Nic until they had to. So, that left you guys with a decision to make. You made it and with all the events, here we are.

Saying over and over again "If they east had just accepted binding arbitration...." is like me saying "If I were 10 feet tall I could change this light bulb without a ladder." Just not going to happen, so I have to come up with an alternate solution. I don't think the west's alternate solution has been very effect and we know it has been very expensive.

You are re-writing history again.

The West had no decision to make. First, the West has never been in a position to compromise the Nic. Had the West MEC or NC done anything at WYe or at Prater's request, AOL would have been founded and sued ALPA and stopped the whole thing dead.

Once usapa was voted in, the West had no say in anything, and completely no method of compromising the Nic


The only available contractual solution was to force separate ops, Which the east did by first walking out of negotiations, and then voting in uscaba.

Since then, it has been the east, not the West who does not want to abide by the TA. A continual attempt at avoiding following the TA and reneging on not only the Nic, but the separate ops provision is why the scab union has wasted 6 years.

Let me put it to you in the simplest terms.....you can either take the Nic, or sit on LOA 93 forever. There is nothing else coming to the east.


One more thing. Uscaba has demonstrated the same behavior over the pension investigation process. News elfin flash, the pension are gone. How about the scab union quits spending general funds on that lost cause.
 
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