Pursuant to this Memorandum of Understanding Regarding Contingent Collective Bargaining Agreement (this “Memorandum”),
US Airways, Inc. and any successor (collectively, "US Airways"),
American Airlines, Inc. (“American”),
Allied Pilots Association ("APA"), and
US Airline Pilots Association ("USAPA”, and with US Airways, American, and APA, the “Parties”), hereby agree as follows:
Paragraph 4., LAST SENTENCE:
"Once the MTA has been fully implemented, it shall fully displace and render a nullity any prior collective bargaining agreements applicable to US Airways pilots and any status quo arising thereunder."
USAPA and APA are the ONLY TWO PARTIES allowed to "treat" with each other during negotiations and if unsuccessful, before the three arbitrators. AOL IS NOT A PARTY. WEST "CLASS" IS NOT A PARTY. Harper is not a party. The company is a party ONLY WITH the exceptions of 10(B).
"The company(ies) will be parties to the arbitration, if any, in accordance with McCaskill-Bond. The company(ies) shall provide information requested by the merger representatives for use in the arbitration, if any, in accordance with requirements of McCaskill-Bond, provided that the information is relevant to the issues involved in the arbitration, and the requests are reasonable and do not impose undue burden or expense, and so long as the merger representatives agree to appropriate confidentiality terms."
d. During the McCaskill-Bond process, including any arbitration proceeding, US Airways, American or New American Airlines, or their successors (if any), shall remain neutral regarding the order in which pilots are placed on the integrated seniority list, but such neutrality shall not prevent said carriers from insuring that the award complies with the criteria in Paragraph 10(B)(i)-(v).
So companies provide data to USAPA & APA and they construct lists each party thinks it should be. If they don't agree, then EVERYTHING STARTS OVER IN ARBITRATION.
