We all know how good USAPA is at winning grievences and court cases. As for PI, he just thinks he's found a smoking gun and won't let it go even if it's not.
Nic could just as easily have used the May 2005 East fleet
but in conjunction with the May 2005 East list. The Nic list would look the same except it'd have lots of retired pilots on it (like me). Then Pi could complain about Nic putting all those retired pilots on the list...
Instead, Nic updated the fleet
and list to 2007, removing airplanes
and pilots that weren't there on 1/1/2007. Same end result, just two different ways of getting there.
Jim
No Jim I don't think so. I can be almost as stubborn as you, but if you can show me the numbers I will let it go. You are a numbers guy, so run them out, not just your words because they carry nothing with me.
From the Nicolau Opinion and Award:
"A January 1, 2007 list also is a closer
reflection of reality on the merged airline.
As to staffing, we have, for a variety of reasons, used the jobs
each group brought to the merger as amended by the shifts that
occurred as of January 1, 2007."
Hmmm..."As amended by the shifts that occurred as of January 1,2007". So he amended the fleets, where they east dropped much more than the west, THEN slotted, but he didn't amend the status of formerly furloughed pilots.
Here are those numbers:
May 2005---------------Jan 2007----------------------------------%change
East hulls-270---------224(226-2EMBs that don't count--------------down 17%
West hulls-144---------133-----------------------------------------down 7.65%
So, the east had a greater % decrease in hulls than the west. Despite that, through attrition we had upgraded and recalled pilots. But, Nicolau held the previously furloughed pilots in their May 2005 status. Now had the fleets had not shrunk, or had evenly I could agree with your premise that the list would have been the same 2005 vs. 2007, but that was not the case. There was some slight gain in IROs and management pilots, but not nearly enough to offset the 10 percentage point difference in the changes.
No smoking gun. I have always agreed that under ALPA merger policy Nicolau was allowed a wide range of reasonableness and he decided what was fair. I think he got it wrong, but my opinion doesn't matter. I just use it to counter guys on here that try to justify things.