Another point of view that questions if NIC can ever be implemented I don't think has been discussed here.
Much has been said about DFR's and Company liability from the west.
There are 800 east pilots that would have a pretty strong case for a DFR if NIC is put in place. Why?
On the date that USAPA was voted in as sole bargening agent all furloughed pilots were back on the property on the east, as well as about 100 newhires.
Where might a DFR from them come into play? Under NIC they received zero representation, they were stapled. HOWEVER, At no time while USAPA has been sole bargening agent has any of them been on furlough.
I am told that this has been discussed with a couple labor lawyers and it has enough teeth to start this whole process of DFR, no DFR, in the courts again and tie up any implementation of NIC for years to come. The reason being is because USAPA is bound to represent them to the very same degree they are the west. USAPA's member group has at no time NOT had them as active dues paying members.
If we were still ALPA this probably would not come into play. But since USAPA has always had them as active members, they CANNOT implement a NIC list that does nothing but staple them to the bottom...ie. No fair representation. There would be questions as to the companies liability in this as well.
I don't know how it would all turn out. But it appears to be enough to at least drag this out several more years PAST the few more years the current court issues are going to drag out.
I am sure Tempe has already come to this conclusion and loves every minute of it, even if some court says NIC is the list, the company STILL does not have to really negotiate a new contract since they get several more years of east DFR suits to tie things up.
The only way I see the company could avoid this additional issue is for them to pay a huge amount of money, enough to keep all sides from sueing no matter what list is used. But they won't.
