The Leo-Wappa solution.........
From the "suggested conditions" letter to accompany the USAPA membership application:
I am sending this letter with my USAPA Membership Application to clarify my opposition to Section 8. D. of the USAPA Constitution and Bylaws, which states as an objective of USAPA, to maintain uniform principles of seniority based on date of hire and the perpetuation thereof, with reasonable conditions and restrictions to preserve each pilots un-merged career expectations. In this regard I am unwilling to abide by USAPAs Constitution and Bylaws.
There is no option available for a US Airways pilot to join USAPA with conditions. A membership application can only be accepted as written and outlined in the USAPA C&BL, as the other 3200 (East and West) active members have agreed to.
A pilot not willing to comply or abide with the membership requirements cannot become a member. That is not to say that he/she will not be represented by USAPA. On the contrary, as required by law, all US Airways pilots are represented by USAPA and therefore required to pay dues germane to his/her representation.
Imust also state that I voted for ALPA and I am unalterably opposed to USAPAs stated intention to replace the Nicolau Award with any other system for integrating the seniority lists of the former America West Airlines and the former US Airways.
The ALPA Nicolau bargaining position is
not being replaced. Simply put, it no longer exists as a bargaining condition under USAPA. To be clear, the Nicolau list was a bargaining position, and therefore is nothing more than a
historical bargaining position under ALPA. USAPA is neither required or expected to uphold previous bargaining positions held under the prior bargaining agent.
Please understand that I will take all lawful measures within my power in effort to prevent USAPA from entering into an agreement with the Company to replace or modify the Nicolau Award. These efforts are not limited to suing USAPA, its officers, or the Company.
ALPA could not force the company to accept the Nicolau list was a
bargaining position. Had ALPA remained the elected bargaining agent, whether or not the Nicolau list was modified in part or in its entirety would not be a violation of the transition agreement or ALPA merger policy.
The AWA pilots merger attorney, and AWA MEC position was this:
1.Thus, the arbitration award Plaintiffs purportedly seek to vacate is in actuality the proposed pilot seniority list developed through ALPAs Merger policy that ALPA will adopt as its bargaining position to be presented to the Company, but which (like a union bargaining position in any matter) the Company is not required to accept.
The AWA position goes on further to state:
Plaintiff Application to vacate an arbitration award that does not establish any enforceable seniority rights in a collective bargaining agreement with the Company, but which merely sets out ALPAs bargaining position to be presented to the company, is not a state law claim at all but rather an artfully pled Federal claim for breech of Duty of Fair Representation.
To be clear, this was the AWA MECs position in regard to the Nicolau list under ALPA. Under USAPA the Nicolau lists no longer exists.
USAPA will present a seniority list to the company that will outline its bargaining position. What ends up being negotiated remains to be seen, as that will be a product of negotiations.
The irony here is that the Leo-Wappa members may find themselves in the same position as the prior east ALPA MEC did in reference to the Nicolau list. Perhaps we can even project the old AWA MECs position above as a possible response from USAPA legal to the Leo-Wappas???
Last, but most importantly, any agreed to seniority list that would result from USAPA-Company negotiations, would require membership ratification in order to become binding on both parties.