Each letter shows they intended to undertake deeper and more widespread cost cutting measures that successively worsened the pay, benefits, and working conditions of the non-furloughed Mainline pilots who kept the airline flying.
When the evidence is examined from the standpoint of the furlough status of the MDA pilots, the considerations again support our finding. The Association’s witness who was a negotiator for most of the letters of agreement also was deposed in the Naugler litigation. Page 51 of his deposition (CX 20) reads, in pertinent part, as follows on the furlough status:
* * *
Now, I had previously tried to have all those airplanes placed
on the mainline. We were not successful in that negotiation. The
company would have none of it. So we tried a middle ground,
creating an entity called Mid-Atlantic to provide those jobs rather
than what they would have done in the past before Mid-Atlantic’s
creation, just simply leave those pilots on the street.
So when those pilots come to work for Mid-Atlantic, they had
to be offered a job opportunity, not a recall from furlough, but a job
opportunity if they chose to take it. And I think our collective
bargaining agreement indicates that.
The Naugler litigation also included the deposition (CX 19) of another non-furloughed pilot. This pilot had served as the Association’s MEC Vice-Chairman during the relevant time frame. When asked about what comments he made about the status of furloughed pilots working at MDA, he said, on page 59 of his deposition, the following:
* * *
Q. Do you remember what you said as to whether the Mid- Atlantic pilots were furloughed?
A. In my opinion, the Mid-Atlantic pilots were furloughed.
Q. What did you base that opinion on?
A. On the fact that they had a furlough date and had not been recalled.
The Horowitz Award (CX 13) also supports our conclusions. It considered the status of a furloughed Mainline pilot who worked at MDA when he was diagnosed with a disabling medical condition. The Award on Grievance 06-09-01 said, in pertinent part, the following: