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Old 11-30-2012, 06:37 AM
  #108  
jsled
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Joined APC: Apr 2006
Position: 737 CA
Posts: 2,750
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Originally Posted by DirectLawOnly View Post
The DOS is in the future therefore no reference is necessary.

A contract can not apply to things that have happened in the past unless the parties specifically agree to it.

This example is a bit of a stretch but I think it will make the point. When you buy a house half way through the tax year, you specifically agree that the seller will be responsible for half of the taxes retroactively. Otherwise when you got to tax day, as the current owner you'd be responsible for the entire amount.

A better question is "how can people read section 3 and apply is selectively to just the CAL pilots and not to UAL pilots?" THERE IS NO CARVE OUT!!

LOA 25 makes NO DISTINCTION between CAL furloughs, UAL furloughs, or twice furloughed UAL pilots. It's sole purpose is to create a mechanism for UAL furloughs to receive FULL LONGEVITY CREDIT FOR ALL TIME ON FURLOUGH subject only to an adverse ruling by an arbitrator. THE ONLY ONE THAT CAN SCREW YOU ON LONGEVITY IS THE ARBITRATOR.

I don't know how much plainer I can say it.

I think the UAL furloughed pilots are being deceived, and I don't want to see them hang their collective hat on something that isn't there. I am a UAL guy myself. I've never been furloughed so I don't have a stake in this fight. I'm sorry you find yourselves in this position. I want to see everyone of you guys made whole. I think this TA with LOA 25 makes that possible.

Be informed. Vote your interests.
Your argument is persuasive, but on the JNC compensation video, Phil Otis, co-chairman of the JNC, tells us that all CAL pilots will be given full longevity for time spent on furlough and all UAL pilots will be given longevity for time spent on furlough in accordance with LOA 25. I don't think that is in dispute.
The disparity between the furlough credit needed to make the average UAL furloughee whole vs the credit to make the average CAL furloughee whole is considerable. Obviously, the UAL MEC was unable to get the company AND the CAL ALPA to sign off on that disparity. So here we are.

Sled

Last edited by jsled; 11-30-2012 at 06:54 AM.
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