Ok Relay you are not understanding at all today now are you? The ifrst right of refusal is a west contract provision that existed as part of the west CBA. This was negotiated as part of contract 04 long before anyone knew of a usair purchase. This is not something to which I remember as being part of the JNC however I could be wrong and in that case will stand corrected.

Stole is that only word to describe it relay. The east has completely ignored the results of the award and pursued a course of stalling until all east pilots too upgrades. Now after that point, your next move is very clear. The east will gladly throw up its hands and declare that the nic is the award but at the same time reminding us of the bump and flush provision. Never once did the east/usapa consider some of the "what if's". Like what if the company decided to downsize PHX and move flying out to Philly, CLT or DCA? Well that would constitute whats commonly known as a DISPLACEMENT and that my confused friend is not covered under the no bump and flush provision. No management team would ever agree to one either due to the shear cost involved where they would have to pay a pilot displaced who could no hold capt but flying with a jr to that person captain.

So you see in essence you have taken a seat that under the award you may or may not been able to hold. That being the case would mean that it was in fact stolen. This certainly should clear it up for you however will not hold out much hope in that regard.

WD at AWA