Tazz, you do a great job at recalling the past. Not sure how predictions will hold up.
Heres some context. If its not enough, anyone can get the entire Freund rebuttal off bigjetcity.com. This just one paragraph. snooper
1.Thus, the “arbitration award†Plaintiffs purportedly seek to “vacate†is in actuality the proposed pilot seniority list developed through ALPA’s Merger policy that ALPA will adopt as its bargaining position to be presented to the Company, but which (like a union bargaining position in any matter) the Company is not required to accept. Application, Ex.1 at 2,9 (ALPA will present to the company the merged seniority list developed through ALPA’s Merger policy arbitration procedures, and “ALPA will use all reasonable means at its disposal to compel the company to accept and implement the merged seniority listâ€). Plaintiffs seek review of this ALPA bargaining position developed through ALPA Merger Policy, and, while couching it in the terms of “vacating†and “arbitration,†the relief they actually seek is a review of the product of ALPA’s Merger Policy, and, ultimately, alteration of ALPA’s bargaining proposal to the company…Plaintiff’s Application to “vacate†an “arbitration award†that does not establish any enforceable seniority rights in a collective bargaining agreement with the Company, but which merely sets out ALPA’s bargaining position to be presented to the company...
Snoop, this is true and one of the last paragraphs in the merger policy states that alpa will compel the company to accept the results of an arbitrated or negotiated seniority list. It is true, the company does not have to accept it BUT, they did accept it. None of this is in reference to contract negotiations. Alpa offered the nicolau list, the company accepted it. That agreement was completed. Bargaining position offered and accepted. Done.