usabusdriver
Advanced
- Joined
- Aug 12, 2007
- Messages
- 205
- Reaction score
- 113
So they will come in, become our CBA and submit a seniority list to M/B when a federal judge has said it can be renegotiated?
Pi,
You must clarify the arguments in this fight. They seem to get blurred in all of the back and forth. They are separate and have been clearly defined even though USAPA has been hard at work obfuscating.
The first is whether or not the TA, and by default the product of the process defined in the TA for determining an integrated seniority list is binding on USAPA. Both judge Wake and Silver have unquestionably stated that the TA and Nicolau award are, as a matter of law, binding on USAPA as the successor to ALPA.
The second question, now that we have determined that the Nicolau is intact as the accepted integrated system seniority list for LCC, is whether USAPA can negotiate for something other than the Nicolau. Yes they can. They can negotiate all aspects of the collective bargaining agreement. This is where a legitimate union purpose must be demonstrated as defined by Rakestraw. But it does not negate that the Nicolau award is binding on the union. If it were not binding then there would be no requirement to demonstrate a Legitimate Union Objective in bargaining for a SLI other than the Nicolau. And the Nicolau award would not be used as a measuring tool to evaluate an alternative proposal.
In a M/B arbitration scenario the company is a party to the negotiations. If there has not been a successful negotiation to modify the accepted integrated system seniority list for LCC (the Nicolau award), by what authority does the union advance a different seniority list since a ratified JCBA would be in place prior to a M/B arbitration and negotiations are over?