Old 10-12-2011 | 05:38 PM
  #143  
LeeFXDWG's Avatar
LeeFXDWG
Gets Weekends Off
 
Joined: Feb 2006
Posts: 1,130
Likes: 0
From: B737 CAPT IAH
Default

Originally Posted by El10
Technically no it is not a recall, but more like a recall reservation. The day the jcba is signed those that went to CAL from UAL would be in affect recalled on that day. (Hopefully the jnc gets longevity for furloughs.) A recall via CAL is more likely then a recall from the mother ship.
El10

Actually, no. And, of course, we'd have to get into all the legaleeze which would give anyone a headache.

I'll try to put it into a nutshell. And, you have to think different "categories" here. UAL furlough pilot that takes a CAL job will upon JCBA ratification receive all adjusted pay benefits, etc., from said agreement. That means that if their new adjusted pay based on UAL time or current CAL time is higher, they'll receive that. Don't confuse their status, that being an active CAL pilot on their seniority list with anything else.

Then, the ISL process begins. That will go through it's various wickets to a final determination. The new seniority list will be inked. However, until a recall from furlough happens to the new combined company (has nothing to do with TPA position they are holding) they are not a UAL pilot again until actual recall. They will not exercise whatever that final ISL seniority decision is at that time. They are still CAL pilot bottom feeder until recall. At that time they will return (granted to the combined UCH) and begin that process with all seniority rights (whatever that ends up being).

Of course, they'll still be employed during the whole process, but this is a very gray area for certain. There is no legal precedent I can find for this scenario. However, I see an arbitrator "fencing" a furlough/newhire from exercising seniority based bidding, etc., until such time as a real recall begins and they are officially "recalled".

In other words, until all is said and done, pay rate and other improvements will be enjoyed by said furlough/newhire after a JCBA. After ISL, vacation, etc., will be enjoyed by same. Exercising seniority for a seniority based bid will be witheld until an actual recall occurs.

Basically, anyone accepting employment at CAL under the provisions of the TPA will not receive a windfall at the expense of a more senior furlough. They must be offered the position at the combined company first. The CAL "newhire" will await their turn in the process and live in their current seat and fleet, and enjoy whatever the final answer was regarding pay, etc. No movement/bid unless it is on the CAL side exercising their present "newhire" CAL seniority until such time as recall begins.

Sadly, these are things I hope the MEC's are looking at.....but I doubt it. It will be a jungle. Clear as mud?

More simply stated, anyone furloughed on the CAL property will have a "dual" seniority number until an actual recall begins under the new ISL. Vacancies until recall will be their CAL "seniority".

Frats,
Lee
Reply