I actually thought that ALPA merger policy made sense in theory.
And in practice except for one merger - this one.
ALPA's policy seemed to be setup to remove (try) the politics of the union itself and let the parties decide, and if not, a supposedly neutral third party. I figured that was so that a big airline like UA couldn't buys a little one like AWA and have the national union come down and let the bigger dues payer run roughshod over the little. In doing so the union had some protection from DFR.
Immunity from successful DFR is the key - the union doesn't pick the winners and losers so can't be sued for DFR. That is exactly the problem USAPA gave itself and why it will fail in any DFR suit. USAPA took by force of majority vote the role of picking winners and losers and in so doing painted a big target on it's back.
My biggest issue with ALPA merger policy was the one man arbitrator. That just never made sense to have the future of so many pilots in the hand of one person and his/her biases. Seems they agreed, after the horse was out of the barn.
The same can happen with 3 arbitrators - a 2 to 1 decision means that really only one person ultimately decided which way it was to go. Just look at the appeal to the 9th -
one "not ripe" vote changed to a "ripe" vote would have made the difference. Besides, how many seniority arbitrations have been handled by a single arbitrator without the problems here. That should tell you that the problem isn't having only one arbitrator, the merger policy, the result, or anything but one side both disliking the result and having the votes to attempt to force their desired outcome on the other side.
Nic only looked at where we were in 2007, and not how fast the east had the potential to finally start moving up, a situation that I don't think would have been as big with a merger of AWA and anyone else.
You need to get over the fantasy of everything being based on 2007 because it's not true. Nic looked at the financial health of the two carriers as of May 2005. Anything after that is like an egg - you can't separate the yolk from the white after you've scrambled an egg and you can't separate the fate of two individual carriers after they merge. So nothing post merger you want to bring up says a word about US' fate without the merger. You just need to accept that US would have liquidated without the merger - Parker has said it, Nic said it, I've said it. The only people who think otherwise are the easties who cling to the "attrition train" to justify what they've done the last 4 years. No US means no upward movement - it's that simple. I don't recall a single analyst who said in 2005 that the two carriers were in the same precarious position financially. I do remember a lot of analysts saying that US was doomed before the merger announcement was made.
Sure, AWH
may have ended up in BK, sure AWH
may have ultimately liquidated, but
may isn't a certainty and no one, even you as hard as you try, can say with certainty what would have happened to AWH as a stand-alone carrier. US, on the other hand, had gone through about $1 Billion in cash (yes, with a B), was still burning cash, and the cash remaining wouldn't have lasted 4 months even if the creditors would have let US spend it.
So stop lying to yourself. US was burning cash twice as fast as it could be raised, had tapped all the available sources of cash, and was in a death spiral - the only other possibility they had was burning the furniture to stay warm a little longer, and they had done that with all the furniture, the doors, the floor, the window frames, etc and were starting to dismantle the house to keep the fire going. What happens when all that can be burned has been burned? The fire goes out.
Jim