Mr Eagle
Senior
The Change of Control Was Heard, September 13, 2007 its In the Hand's of the Arbitrator.
:unsure:
Should Be 30 to 90 Day's Before an answer is Heard.
:unsure:
Should Be 30 to 90 Day's Before an answer is Heard.
"Change Of Control" Snap Back, Grievance, September 13,2007
- Thread starter Mr Eagle
- Start date
I wouldn't worry about the outcome. Evidently there isn't any such thing as final and binding arbitration.
flyboeing737
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Very True.
muff daddy
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Odds say IAM is due for a loss........
Richard Bloch the arbiter knows the IAM/US M&R CBA very well, he has ruled in the IAM's favor several times, most recently the Airbus Arbitration.
All the SEC documents that was filed for the merger stated Change of Control.
Should be an easy win.
All the SEC documents that was filed for the merger stated Change of Control.
Should be an easy win.
My information has it the company's appeal of the court ruling that CoC did not belong to the BK judge will delay any arbitration award. Thus, if the membership prevails in arbitration, no immediate action will take place until the appeals runs it's course.
IF IAM prevails in the court appeal, I'm guessing the company will have to make the membership whole for the span of time the appeal takes.
To me it's a no-brainer: If the company's and investors' high priced lawyers couldn't foresee the potential of the CoC clause, they deserve to lose.
It wasn't a secret to us laymen - it was openly talked about at the time.
The company's BK court/appeal is basically them asking for a do-over because they screwed the pooch. They never dreamed the little guy would prevail.
Hope it's the start of a trend.
IF IAM prevails in the court appeal, I'm guessing the company will have to make the membership whole for the span of time the appeal takes.
To me it's a no-brainer: If the company's and investors' high priced lawyers couldn't foresee the potential of the CoC clause, they deserve to lose.
It wasn't a secret to us laymen - it was openly talked about at the time.
The company's BK court/appeal is basically them asking for a do-over because they screwed the pooch. They never dreamed the little guy would prevail.
Hope it's the start of a trend.
Tim Nelson
Veteran
You couldn't be further from the truth unless a union bargains it away. Almost a lock unless a company goes out of business. With your company turning the corner on probably close to a $billion pre tax profit, it is far from bankruptcy.
Remember, even though the IAM and Mr Hayden don't want to come clean about how difficult it is to overturn binding arbitration, the courts [non-bankrupt courts] have ruled very favorable for the binding arbitration cases. Even on this website under the pilot threads, we see the effect of binding arbitration.
In a letter dated August 20, 2007 to the US AIRWAYS East pilots, the law firm said, “ The Supreme court has held that the grounds are very narrow for vacating an arbitration award under Federal Law. [United Paperworkers v Misco, Inc…..â€we believe that any reviewing court will be mindful of the standard of review applied to Railway Labor Act arbitration cases which has been characterized as among the narrowest known to law.†[Union Pacific vs Sheehan,439 US 89,91 (1978)
Further, if Parker stalls any award, then fine, it is the equivalent of having the lotto mega million cash winnings put in a CD. In other words, there are accountabilities and penalties should one party continue to violate the law.
Why does the IAm want to bargain arbitration away? Parker can probably answer that one the best.
regards,
Tim Nelson
Veteran
700, has DL142 let the M & R know what the wage would be, should the M & R win the award?
The ramp is at $21.19 with an award but the 4, 4.5% increases boost things significantly more.
regards,
lithuanian
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Where the heck do you get a current copy of the CWA. AWA have not been afforded this lately.
Contact your AGC, it is a CBA, not CWA, I was on the negotiating committee I have copies of many past Mechanic and Related Agreements, not fleet.
The East IAM Ramp CBA is on District Lodge 141 web page I believe.
East Fleet Agreement
The East IAM Ramp CBA is on District Lodge 141 web page I believe.
East Fleet Agreement
lithuanian
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Ya Know? I'm getting comfortable talking to strangers on this forum. O.K. Tell us this for the AWA Fleet. Is the CBA for fleet AWA, the same for US Airways CBA? Then is the CBA the same for 142 mechanics (AWA/US Airways?) Now! is the CBA the same for ALL parties going into the COC. This would be AWA fleet/mechanics and related+US Airways fleet/mechanics and related.
How the H=== can an Arbitrator decipher what each group gets! Sorry, no time for spelling! Need answers. Thats what secretaries are for.
You just don't get it do you. The COC is for the EAST only. It will not apply to the west AWA employees. Once the Arbitrator rules then that is it. If it is a win then the East will get their money while the west will have to wait until the IAM negotiates us into the IAM contract.
lithuanian
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Wow! I was waiting for someone to NAIL! it! Thanks. Now, West will deal accordingly.
The East employees are covered by the East/IAM CBAs, there are two seperate CBAs one for M&R and one for Fleet. M&R are in DL 142 and Fleet are in DL 141.
The West employees are still working under the former TWU/HP Fleet CBA and the M&R are covered by the former IBT/HP CBA.
The COC will only affect the East employees, the west will get nothing from the arbitration.
The company and the union have to negotiate on how to transition the former west employees to the East CBAs.
The West employees are still working under the former TWU/HP Fleet CBA and the M&R are covered by the former IBT/HP CBA.
The COC will only affect the East employees, the west will get nothing from the arbitration.
The company and the union have to negotiate on how to transition the former west employees to the East CBAs.
