Phoenix said: "If east is successful at decertifying ALPA then who pray tell would deliver the list? It is the job of Prater to turn in the list. Are you suggesting Prater would sign the list and place it on Dougwiesers desk at a time in which he is not the representative of the pilots that are on the list? Hahahahah...."
Bear 96: "Are you still stuck on the minutiae of paper shuffling? Do you really think that decertifying ALPA will be like waving a magic wand and make things as if the arbitration never happened? Between you and USA320pilot, I have never seen such cases of denial."
USA320Pilot comments: According to USAPA Counsel Lee Sahem, "ALPA’s Merger and Fragmentation Policy provides that a seniority integration award “shall be defended by ALPA†and that “ALPA will use all reasonable means at its disposal to compel the company to accept and implement the merged seniority list.†ALPA Administrative Manual, § 45, Part I, §§ H.5.b and I.1. Consequently, ALPA may have a contractual obligation to its members to implement the Nicolau award. See Olsonoski v. ALPA, 1994 U.S. Dist. LEXIS 8239 (N.D. Cal. 1994)(“ALPA must comply with its merger as a matter of law and as a matter of contract between ALPA and its members.â€). A successor union, which codified in its own constitution a commitment to the rational goal of date of hire seniority integration, would not be constrained by the dictates of ALPA’s Merger and Fragmentation Policy."
I believe the US Airways pilots are tired of the AWA MEC and its pilots not listening to the ALPA EC, Rice Committee, and Doug Parker who all desire a compromise to the Nicolau Award dispute. In the not-to-distant future ALPA may no longer be a player.
Once USAPA takes control over the combined pilot group there will be a new seniority integration negotiation. USAPA cannot deprive, and will not deprive, the West their right to negotiate a new seniority integration agreement and they will allow the process to carry out. USAPA and their Counsel clearly understands they cannot “lock out†the minority group (the AWA pilots) because this would create a DFR lawsuit, which could be won by the plaintiff. But, the majority group can “vote out†the minority group and implement a seniority integration, which can be effectively imposed. Basically USAPA could close the question, call the vote, call for the “I’s†who would decide the matter, the case would be closed, and seniority imposition would occur.
To make it perfectly clear to you what will happen, without a “realistic solution†that will likely be proposed by the Rice Committee, USAPA will become the new bargaining agent for the US Airways and the AWA pilots in the not-to-distant future. Next the seniority award/seniority integration will be re-visited. USAPA will not deprive the minority group of pilots of their legal rights to participate in the seniority negotiation process. Once the minority group presents their case in argument, with no agreement between the parties a new seniority list can be presented to the membership and imposed on the minority list.
Regards,
USA320Pilot