OK.................
The judge ordered that USAPA must negotiate to implement the Nicolau Award unchanged into a combined collective bargaining agreement. It also ordered that USAPA could not negotiate separate agreements for the pilot groups. A later hearing on monetary damages, if any, will be held.
This decision is wrong, contradicts established law and is dangerous to the state of the law under the Railway Labor Act.
While the judge correctly concluded that USAPA is the successor to ALPA’s collective bargaining agreement, that in no way restricts USAPA from negotiating any and all terms of that agreement, including the Nicolau Award. The judge nowhere considers precedent, such as Association of Flight Attendants v. United Airlines and Association of Flight Attendants v. US Airways, which hold that a predecessor union’s collective bargaining agreement provides only the beginning point for a successor union’s negotiations and the successor is free to negotiate changes to the agreement. To do otherwise would perpetuate the rejected union as representative.
The court also wrongly held that USAPA is bound by the Nicolau Award as the product of ALPA Merger Policy. ALPA Merger Policy is only an internal union procedure. It is not part of the collective bargaining agreement with US Airways (even if it was, USAPA could still negotiate changes to it.) USAPA cannot be bound to ALPA Merger Policy since it is not ALPA, and only ALPA’s subordinate bodies, the Master Executive Councils (which, admittedly, are not real labor organizations) are bound to follow the Merger Policy. The Merger Policy has no standing under the Railway Labor Act and since USAPA’s successor obligations only exist under the RLA, they cannot include ALPA Merger Policy.