There are two seperate issues here...
1) Restoring former employees who previously retired at age 60 to their original seniority: This one is easy, it won't happen because it would be an uphill legal battle to get restored...no action is really required on the part of the FAA, although they may throw in some language to reinforce the obvious. Since no one did anything wrong at the time, there wouldn't be a legal case to bring back retired pilots to their original status. You probably would have to rehire them at the bottom of the list if they wanted that.
2) Blocking upgrade for 60+ FE's who are on the seniority list: This one is a different story...the legal momentum is in the favor of the FE's. I know the ATA would like to block re-upgrades, but this is purely an economic, not a safety or regulatory issue. My feeling is that the FAA really won't have a leg to stand on (nor will they want to be involved) on this issue...it's not in their baliwick. If they do they open themselves up to the inevitable lawsuit, about an issue that really does not matter to them...why get involved?
This is a pure labor law issue, and my guess is that the law will find that if they are active on the seniority list, they can bid anything their seniority will hold, just like anyone else.
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