Here it is:

Question 1: Now that the MEC has reached a tentative agreement with the company, the protections in the Transition & Process Agreement (TPA) no longer have an expiration date. The parties HAVE reached a tentative agreement, thus these provisions no longer expire.

Answer 1: It would be a mistake to rely on that argument as a reason to turn down the TA. In labor contract arbitrations, not only the contract language (even if it seems plain) but also the parties’ discussions and intent are given significant weight. During the original TPA negotiations, the company insisted on a “ratified JCBA” by December 31, 2011 if they were going to maintain the TPA protections. The JNC understood that this would reduce the time required to obtain a Tentative Agreement and allow time for the MEC and Pilot ratification processes, and so it would reduce the time that the protections would be in place. Hence the change was agreed to “tentative agreement on a JCBA by that date” so as to allow a reasonable time for the ratification process and to keep the protections in place a little longer if necessary. It was not meant as a means to negotiate a tentative agreement for the sake of keeping the protections alive indefinitely. The TPA Extension was a repeat of the same language with the date changed to March 31, 2013. This provision was briefed in detail to the MEC multiple times, including July 2010 when it was ratified by the MEC.

The idea that this misrepresentation is being propagated by at least two former stewards of the MEC who knew of the negotiations of this provision is irresponsible