"An Executive Session was held in the Philadelphia area with Arbitrator Kasher on March 6, 2012, regarding his draft findings and opinion on grievance BPR 09-06-02 (Pay Rates). In attendance at this meeting were two System Board members for the Company, two System Board members for the Union, and Arbitrator Kasher.
As previously disclosed to USAPA members, the draft opinion from Arbitrator Kasher delivered in November was not favorable to the Union's argued position on the restoration of Pay Rates due on January 1, 2010.
During this Executive Session, the System Board members for the Union raised several concerns regarding specifics within the draft opinion as written. Some of the issues were obvious, minor errors and corrected with little resistance from the Company members, while other issues brought forth a contentious debate between the Board members. Some of the more vehemently argued issues were taken under advisement by the Arbitrator.
One of the issues on which the Union System Board members sought clarification was that of the 3 percent raises due each May 1 beyond the amendable date of our contract. This original language can be found in the Restructuring Agreement of 2002 and was unmodified in both LOA 84 and LOA 93. It became clear that Arbitrator Kasher did not consider this issue in his existing draft opinion because he believed this question was not before this Board even though both the Union and Company believed it to be stipulated to in the original grievance testified to by both parties at the arbitration and argued by both parties in their briefs.
Arbitrator Kasher agreed to accept limited supplemental briefs on the subject of the 3 percent raises due each May 1 beyond the amendable date of our contract using the existing record. These briefs are to be filed with the Arbitrator by both the Company and the Union on an agreed upon date before the end of this month. We would then anticipate a draft opinion and findings from the Arbitrator on this specific issue. All parties are aware of the extended time it has taken to reach a resolution on this dispute. We will work diligently and expeditiously to bring this grievance to a proper resolution."
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IT'S ALIVE!!!
Much like US Airways, the reports of the demise of USAPA grievance BPR 09-06-02 (Pay Rates), may turn out to be premature!
seajay