Originally Posted by
justfun
Not saying it is good or bad, because I don't have enough information one way or the other, but an agreement was made and is now not being honored. Not casting disparaging remarks either way, just an outsider looking in.
Good post and thanks for the comment about not knowing enough about it to go one way or another. Many people don't let that stop them.
The MOU is an interesting document that I think both sides view as cementing their position. I've read it a dozen times and it has some legalize that may be in there for just that reason, but I can't predict how it will turn out.
Here are some specific clauses that make me scratch my head as how they will affect things:
"d. During the McCaskill-Bond process, including any arbitration proceeding, US Airways,
American or New American Airlines, or their successors (if any), shall remain neutral regarding the
order in which pilots are placed on the integrated seniority list, but such neutrality shall not prevent
said carriers from insuring that the award complies with the criteria in Paragraph 10(b)(i)-(v)."
"h. US Airways agrees that neither this Memorandum nor the JCBA shall provide a basis for
changing the seniority list
s currently
in effect at US Airways other than through the process set forth in
this Paragraph 10."
"15. US Airways agrees that it will comply with the East and West CBAs and the Transition Agreement
until the Effective Date." This is counter to the AOL update claim.
"Accordingly, except
for those terms specifically identified in Paragraph 3, the Parties agree that each term of the MTA
shall be applicable to all US Airways pilots at the earliest practicable time for each such term, and
such terms, when applicable, shall govern and displace any conflicting or wholly or partially
inconsistent provision of the former US Airways pilot agreements or the status quo arising thereunder.
Once the MTA has been fully implemented, it shall fully displace and render a nullity any prior
collective bargaining agreements applicable to US Airways pilots and any status quo arising
thereunder."
Both sides attorneys feel very confident in their case, but when do they not?
Doug Parker has mentioned twice that I know that the settlement to this may be a three way deal. That all three seniority lists would go through the process. I think that cacti mentioned that M-B prohibits it use on previous mergers, but haven't looked that up. I doubt Parker came up with that idea himself and I think some of the provisions of the MOU could support that.
Again, I certainly can't call it.