Originally Posted by
SEDPA
" The merger representatives shall carefully weigh all the equities inherent in their merger situation. In joint session, the merger representatives should attempt to match equities to various methods of integration until a fair and equitable integrated seniority list is reached. Factors to be considered in constructing a fair and equitable integrated list, in no particular order and with no particular weight, shall include but not be limited to the following:..."
Didn't see or read the word "tenant" ... Both sides reps who served on the re-write committee didn't mention tenant; in fact, both sides agreed the change was made to emphasize "fair and equitable" and de-emphasize the limitations of the old 5 factors. Are we reading the same policy? Or is there a special "FOR L-UAL PILOTS ONLY" copy floating around?
SEDPA,
With all respect, I think there is confusion over the term "considered". Considered to most people means "I'll think about it". In contract law, considered means "A factor taken into account in evaluating or judging something"
Consider doesn't mean OPTIONAL. It means YOU WILL TAKE IT INTO ACCOUNT.
Also, consideration must "have a value that can be objectively determined."
The arbitrators obviously understand the meaning of the word, and the policy itself, and why that one factor was added.
So when you substitute the definition into the word it reads like this....
"The merger representatives shall carefully weigh all the equities inherent in their merger situation. In joint session, the merger representatives should attempt to match equities to various methods of integration until a fair and equitable integrated seniority list is reached. Factors to be TAKEN INTO ACCOUNT in constructing a fair and equitable integrated list, in no particular order and with no particular weight, shall include but not be limited to the following... LONGEVITY, STATUS AND CATEGORY, and CAREER EXPECTATIONS" -emphasis added.
They SHALL include it. It WILL be used.