Black Swan
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- Dec 13, 2009
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More reading comprehension problems? I didn't say the east "broke binding arbitration", I said they have thus far refused to accept it via the bargaining agent. Accepting it would be closing out S22 with the NIC and moving to complete the negotiations for the rest of the contract. Of course the only reason USAPA/East haven't broken the Transition Agreement and the NIC that is now contained therein is the fact that Management won't collude with them to do it. It takes two to participate in that violation of the contract in this case, and USAPA stands alone in their desire to not abide by the terms and conditions of the contract.
By refusing to accept the Nicolau, the East pilots have inherently validated the fact the Nic is non binding. Any binding arbitration would not be able to be circumvented other than an award associated with fraud. The Nic is nothing but an award associated with a bargaining agent in the past which was replaced. Replacing that bargaining entity without the Nic memorialized in a contract repudiated its' validity.