No we don't. Separate ops forever, remember?
Fragmentation language is identical in both East and West CBAs. The problem for the East is that LOA93 modified your Section1 when Airways is in bankruptcy, and the ramifications are horrendous for the East. You best read up on LOA93 and what it does to your section 1 should Airways go back into BK.
Here are some of the key weaknesses to the Scope language in the West contract:
• The title of the West Contract Section 1 says it all; Recognition, Scope and MANAGEMENT Rights.
• The East Contract Section 1 says:
• RECOGNITION, SCOPE, SUCCESSORSHIP, AND LABOR PROTECTIVE PROVISIONS.
• In the event of a complete merger…. There is no language in the event of a partial merger or asset sales in the West section. East language has 20% of assets language, and does not differentiate between complete and incomplete merger.
• “Where the surviving carrier decides to integrate the pre-merger operations”…. What if the surviving carrier decides not to have a large hub in Phoenix
and substantially downsizes these from a Hub to a “Focus City” as they did with Pittsburgh? NO PROTECTION! It could be argued that this language then does not apply. If there is a substantial change to “pre-merger operations” then this language may not apply and not protect the pilots.
• …the Company will make reasonable efforts to have the surviving carrier integrate… the two pilot groups in the same manner as stated in (1) of this paragraph. This is a deal killer. Reasonable Efforts are a non-defined term. The company could ask the transferee to comply with the seniority provision and the transferee simply says no. So much for reasonable efforts ! There are no teeth in this agreement and no way to force the company to comply.
A deal could be easily structured to avoid any Scope obligation at all in the West language.
The East Language is much more concrete:
East language talks about asset transfers and sales not aircraft transfers only.
East language is binding on the successor with no “reasonable efforts” language.
East language does not require a complete merger, only a triggering event of 20%.
East language gives USAPA the right to re-enter section 6 or extend the contract.
East language does not depend on language regarding pre-merger operations integration.
East language gives CAR’s or contingent acquisition rights to the pilots.
East language has withstood several mergers and two bankruptcies and is still largely intact.
WEST SCOPE LANGUAGE IS ESSENTIALLY NON-EXISTANT
RR