And how has that whole "threat" thing been working out for you? After almost 5 years there are no court orders or judgments against USAPA concerning our dealings with PHX.
By definition, the T/A will have to change if a third party becomes involved. And no, it is not "your contract." We have been living under our respective contracts for the last 10 years or so.
The T/A was blueprint for a merger that never happened, kind of like a bargaining position for a previous union. The T/A indeed has teeth, but it is only so good once the parties abandon the merger for which it was intended. Unknown territory indeed for both sides. But thinking you ride into the sunset with a T/A that does not even apply to current events is fantasy.
Got scope?
RR
You wish!!!
So now you are pretending that AWA/AAA never entered into a merger agreement, and that one certificate was never established, and single carrier status was never granted, and Nic was never awarded, and the TA was just a suggestion of how to do a "merger that never happened", and that the rest of the entire airline (sans pilots) has already completed the merger process.
The TA is most definetly a contract, and the West pilot class is a signatory of that contract, both collectively and individually. Rights granted under the TA are enforcable, and it is an extension of both the east and West CBAs.
The only way for the company to get out of the TA is to complete the operational pilot integration with a joint CBA. Otherwise, just as usapa inherited the TA, so would any "airline parties" in a future merger.
As to "how is that threat thing been working out for you?"....The answere would be,,,great. The one time we used it, the company immediately ran to federal court seeking immunity from the threatened suit. Then walked into the courtroom and told the judge that our threat is REAL, and the West pilot class' threat has legs, because there is already a jury verdict supporting our position.
The company can now go to usapa and ask for relief from the TA. However, any detrimental effects toward the West, and the West now has the collusion smoking gun.
One more thing. Your statement, "There are no court orders or judgements against usapa regarding our dealings with PHX", proves you have your head in the sand. I quote...
"By deferring judicial intervention, we leave USAPA to bargain
in good faith pursuant to its DFR, with the interests of all members
— both East and West — in mind, under pain of an unquestionably ripe
DFR suit, once a contract is ratified."
Feel free to quote the 9th. The West most certainly will. Especially if we have to threaten suit in any future merger scenarios.