I was doing the same, except was inside, with some rain starting to hit here in ILM. Bill Wilder was over, and we were talking about the Nic, and how the West pilots think it is a legally binding issue. Here is what he said........Enjoyed the conversation, and especially the part where he discussed why Parker has not accepted the Nicolau, and moved on for a merge. The answer was a very simple, HE CAN'T. What has it been? 4 years? I think Wilder is right on this one, Parker can't. As he so aptly said in your PHX crew news, 'THIS IS FOR YOU GUYS TO DECIDE..."
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.