Say the Arbitrator rules in the companies favor ( my bet ) that the separate ops furloughs were fully in compliance with the TA. That would seem to impact a DFR suit in front of Federal Judge. If the judge were to issue a ruling at odds with the arbitration then who trumps whom?
And you may wish to read-up on what the Judge thinks of this arbitration. From the court transcripts:
(starting on pg 10)
THE COURT: All right. I don't want to quarrel with
you,
but I don't feel like I'm getting a straight answer to my
question. Because I don't see how you can eliminate furloughs
without having somebody fly flights unless you are going to
have pilots paid for not flying.
So are you taking the position that new seniority East
Pilots must be furloughed in favor of West Pilots meaning that
West Pilots will be flying those flights in place of the
furloughed New-Hire list East Pilots?
MR. SEHAM: If I might have -- because, frankly, this
is not an aspect that we have considered, may I confer?
THE COURT: Well, maybe we don't -- you can -- I think
maybe you can confer when we take a break,
because this
question and the lack of an answer to this question seems to me
to be a very important aspect to reaching a conclusion of
whether USAPA's grievance is a good faith grievance at all. If
you are not seeking to put some pilots out and other pilots in
the cockpit,
it may be nothing more than an appearance rather
than a substantive -- joining in the substantive -- that aspect
of the substantive claim of the West Pilots.
(starting on pg 53)
THE COURT: And I'm trying to pin you down. It may be
a bit of a challenge, but I want a straight answer. I'm going
to ask you again. Is the union going to argue in that
proceeding that in order to protect West Pilots, East new-hire
list pilots must be furloughed first and their positions given
to West Pilots?
MR. SEHAM: No.
THE COURT: Okay. I'm clear about that.
MR. SEHAM: That grievance, if the Court considers
that testimony relevant, was originally brought to our
grievance chairman by a West Pilot. That West Pilot requested
that this grievance be filed. It's been submitted to a system
board. We have asked the company -- we have described to the
company that this is a matter of urgency. We have requested
that the company immediately cease and desist from furloughing
any pre-merger West Pilots until all the pilots, east and west,
have been furloughed from the new-hire list. We are processing
that grievance expeditiously. It's scheduled to be heard on
January 8 and 9 before Arbitrator Bloch. I understand the
plaintiffs have suggested that we are insincere in this
grievance.
THE COURT: That strikes me as obviously doomed to
failure.
MR. SEHAM: The grievance? Our grievance?
THE COURT:
The way you cast it, patently doomed to
failure. And that does bear upon the judgments I have to make
on that good faith grievance.