Originally Posted by
Carl Spackler
No federal judges or courts disagree with me. Please post ANY court ruling that allows for the SLI of a combined airline to be overturned. We're all waiting.
Then enlighten us Einstein. Tell us EXACTLY what about Section 20 could be negotiated. Whether DPA or ALPA or any union...what EXACTLY could be negotiated?
Addington doesn't apply. Nothing in USAir applies here anymore because we are a combined entity. Our SLI is now unchangeable. It is impossible.
Carl
Carl, a SLI is not overturned, you just negotiate a new seniority list. It is just the same as any negotiations, you don't try to overturn a bankruptcy ruling in 1113, you merely negotiate something different. USAPA isn't saying, let's do another arbitration or let's work out some process to reach a new list. They are saying, I have a seniority list and I want to change it. Your own DPA lawyer cites the United case repeatedly as his justification for negotiating a new list. If Rakestraw wasn't applicable, why does he cite it? In that case United had a list, it was being used for bidding, advanced entitlements, trip awards, everything. Then they negotiate a new list and say, Number 5000, you are now 5590, or whatever the result was (this was an example I don't have the real results.) Everything about Section 20 is negotiable, Einstein, the whole thing. If it was fixed, it wouldn't be in a contract.
Any bargaining agent can at any time go to their employer and say, I would like to bargain for a new seniority list. You don't have to overturn anything, you simply have to negotiate to assign new numbers to some or all of your employees, just like you would assign new pay rates. As I said before, it is not that simple, in fact it is difficult.
You are completely wrong, sorry. I could go back and cite other cases of seniority lists being changed, I have read through thousands of pages of transcripts, but I already have one, Rakestraw vs. ALPA that your DPA lawyer uses as the bedrock of his defense. All of the courts that this issue has been before do not recognize any significance to the fact that US Air has not combined operations. They only recognize that a union is free to bargain every section of their contract, but they do so under the threat of a DFR case. Every court, five federal judges in this case, have all affirmed that USAPA does not have free rein to "overturn" the Nicolau award. They have the right to bargain for a new seniority list. Every union has that right.
There is no distinction, three courts have upheld that there is no distinction, you are wrong.