Wading through another rambling update from CLT. Have they ever put out an update less than 4 pages?
But if CLT is correct and the judge said it is OK. That means there are no more excuses for usapa to hide behind why we don't have a contract. usapa and CLT have declared victory.
Can we now expect a contract in that long ago promised 90 days?
This update should help clarify where we are, where we are going, and perhaps more importantly dispel some of the inaccuracies being perpetuated lately. USAPA prevailed, the West Class's motion was dismissed and the Company was told it must negotiate with USAPA about seniority.
There you have it. No excuses, no one to blame for not getting a contract. No need to beg the west to play in any reindeer games. Go show the west how the big boys do it. How the professional east pilots use your leverage to get everything you want.
They left out one small item. usapa must have a LUP in order to negotiate something other than the Nicolau.
It is legitimate to integrate seniority based on date of hire.
Right up to the time an arbitrator says no.
It is legitimate to respect pre-merger career expectations.
Yes it is and un merged expectation was to be liquidated and start at the bottom of another airline list. Keep that in mind.
It is legitimate to take into account changed circumstances including the relative economic strength and viability of America West flying VS US Airways flying.
No it is not as it contradicts the un merged expectations. So if Parker were to move all of the new flying and aircraft to the APA and leave the east on min fleet and block hour the APA can use that in the seniority arbitration and offset that they have 1700 furloughs and are in BK?
USAPA is not required to follow the ALPA Merger Policy in effect at the time of the Nicolau Award, which eliminated length of service as a relevant consideration, but is entitled to pursue a "fair and equitable" integration.
Better go back and read the judges order again. Judge Silver said that usapa inherited the T/A and the merger policy. The change to that policy was made in 1992.13 year prior to our merger. Not like the most experienced pilots in the country did not know what the policy was. A court may not be very receptive to the argument "but we did not know".
"Thus, just as ALPA would have been bound by the Transition Agreement had it remained the pilots’ representative, USAPA is bound by the Transition Agreement"( judge Silver)
It is legitimate to place a pilot with 25 years of seniority above a pilot with 9 years, or a pilot with 15-16 years seniority above a pilot still in ground school.
Again flies in the face of judge Silvers comment
"By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized.
An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground."
What usapa would have to argue in front of a judge is that a well respected arbitrator created an illegitimate list. This would be after judge Silver said an impartial arbitrator decision is powerful evidence of a fair or legitimate list. The east made this argument to the arbitrator and he rejected it. Why would a court accept it as a LUP now? A list that would advantage each and every east pilot while disadvantaging every single west pilot.
But good luck we are all waiting for this new wonderful contract usapa is going to get us because they have no more road blocks according to CLT.
