The misunderstanding by East pilots is that if USAPA wins the DJ case DOH still may not exist. If seniority is negotiable like crew meals, which I believe it is not, than the union would have to negotiate with management for a seniority list. This negotiation could use negotiating capital by the NAC. What would and how much would USAPA be willing to give up to obtain DOH? Could management use seniority negotiations; along with the Preliminary Injunction, as a discipline tool to make problem Captains Co-pilots? Could pilots who create problems for the company in the cockpit, with Crew Scheduling or on message boards have their seniority reduced as a discipline tool?
If USAPA wins the DJ lawsuit it still must get management to agree to DOH. But, let's not forget Judge Silver said in her motion to deny USAPA's petition to dismiss the DJ case, "No question the [9th] embraced the issue that there was harm to the West Pilots."
Meanwhile, the merry go round goes round-and-round with US Airways' pilots the lowest in the industry with increased pressure to hold down labor costs.
According to the Reuters, "Airlines industry wide are closely watching the outcome of the American negotiations and where the two sides might find common ground. The head of APA's rival union, Lee Moak of the Air Line Pilots Association, told Reuters on Tuesday that any pilot agreement at American could impact talks at the other big carriers. Officials at United Airlines and US Airways Group Inc said in response they were watching events at American closely."
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I believe if AMR extracts large concessions from APA and remains independent that is likely going to weigh on new contract talks at Delta, United Continental, and US Airways. With pattern bargaining and USAPA's inexperienced NAC; coupled with Professional Negotiator Scott Peterson's law firm (Seham, Seham, Meltz, & Peterson) no longer working for USAPA, the union's negotiators may have once again missed an opportunity to negotiate a new contract. Thus, US Airways' pilots could be working under C2004/LOA 93 for a long time once the DJ lawsuit is settled. Another missed opportunity by the UELs?
However, I believe starting on December 1 in U.S. District Court, the next hearing will be held that will lead to the Nicolau Award being implemented. What will USAPA have accomplished since April 18, 2008? Nothing except hurting all of US Airways' stakeholders: Stockholders, Employees, Customers, and all pilots - both those based east of the Mississippi River and in PHX.