Originally Posted by
sailingfun
The TWA MEC and pilots had to waive their scope provisions in their contract in order for the merger to proceed. They did exactly that. They could have stopped the process cold and TWA would have remained a independent airline. They did not have to except the APA list. You can argue it was a gun to the head ultimatum however that cuts both ways. If TWA was a viable airline then they should have refused to waive their scope provisions. If they were not a viable airline then they made the best choice to preserve jobs for their pilots.
Legally, it was an "asset acquisition" with an OFFER of employment. I suppose they didn't have to offer employment, but they did. Based on TWA's situation (3 months operating cash), it was felt that the career expectations weren't there and thus as per Section 13 of the green book a straight staple was contractually required. They met and negotiated a better deal for TWA pilots and provided protections in STL and feathered in the top half of the pilots and stapled the remainder. I believe a large number of the staplee's were already on furlough (some on at least their second furlough).
Most agree doing this deal was stupid and TWA should have been left to its own resources to flourish or flounder. Although many there claim TWA was ready to rise and conquer the industry, most on the other side don't believe that and the demand for DOH and full consideration based on their hideous state is preposterous. Of course, the sides won't agree on this and that will remain in perpituity. It's decade old news.