As it does under ALPA also, although the new law doesn't define "fair" so any mutually agreed upon solution or arbitrator's ruling is considered fair and thus "supported by law".
if two parties cannot come to agreement, fair will be whatever the arbitrator determines for "both" sides.
I think its just all the way around better.. to resolve those types of issues outside arbitration, while fully
appreciating that law is available.. should it become necessary for any group in the future.
And that's good - whether "both sides" is the union (as embodied by the two MEC's in the pilot's case) and management negotiating the contract or the two employee groups negotiating/arbitrating the seniority integration (although if it goes to arbitration the process is captive to the arbitrator's schedule)
well if it is turned over to the arbitrator its on their schedule?
so its best to come to agreement prior to handing it over!
Yes, that's what both the law and ALPA say (don't know about AFA since their method is straight DOH). That didn't stop the manuevering by the East pilots at US to try to escape "final and binding" at US though.
final and binding is final and binding!
changing Unions does not change,
final and binding.
The first part is very true, as long as being "on the same page" means both sides being reasonable, willing to engage in the give and take of negotiations (whether contract or seniority negotiations) or willing to accept the arbitrators seniority ruling if arbitration is necessary.
if it is turned over to someone else, you just have to accept the decision.
I'm not sure I agree that problems can never be just one sides fault.
everyone has to be on the same page, that seems to be an issue needing addressed throughout the industry.
Take US again - if management han't dragged it's feet and a combined contract had been negotiated before the seniority ruling came out, the last 2-1/2 years of strife would have been avoided and the airline would likely be fully integrated now. If the East pilots had accepted the arbitrators seniority ruling, the strife of the last 2-12 years would have been avoided and the airline would likely be fully integrated now. So the company was at fault for one period of time and the pilots were at fault for another period of time - at no time was one of the parties or the other not at fault but at no time were both parties at fault.
Jim
I am not so very familiar with all the issues at that airline.
but I do understand when an airline is heavily unionized, that means there are several unionized groups that
must have negotiation periods.
so!
for some it will always be "foot dragging" by Management, when in fact it just may be, they have to negotiate
with more than just "one" group.