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Old 09-07-2013 | 08:52 AM
  #138  
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Originally Posted by Mesabah
The Delta/NWA merger, and the XJ/9E/9L merger were no different than the Nicolau award. The only reason DAL/NWA didn't detonate like USair did, is because DAL and NWA were relatively equal. Pinnacle is probably about to detonate after our next few realigns when hundreds of former Pinnacle guys are downgraded while Colgan guys get upgraded.

The way ALPA merger policy is written, guarantees that there will be an arbitrated award. Arbitrated awards are based on the equipment you are on at the time of the merger, and not what your career expectations are. The only way you can prevent this from happening is having an independent union that is hostile to the other merging group.

For example, lets say you guys merge with us at Endeavor. ALPA would initiate the PID and we would start negotiations on how the ISL will be put together. Using ALPA merger policy framework, a list will be created that puts the regional pilots at the bottom of the list, as it should be. HOWEVER, if the regional guys don't agree to it, it goes to binding arbitration, where it becomes an equipment merger. Then all bets are off on how that would go. The only way to preserve your seniority as a Delta pilot is to sue the regional guys in court to keep us at the bottom of the list. Since we are both ALPA, you can't sue us, since you sign a legally binding contract beforehand not to do this. You would have to form an independent union to protect yourselves from us beforehand. IF you don't do this, I WILL wind up senior to you on the integrated list.
I'm going to ask a stupid question, and maybe sound condescending, but that's not my intent: I just want to confirm this...

Delta owns Endeavor outright, correct?

If we're not merged, it's because we don't have to. If we wanted to jointly petition our management (and they'd have to agree), we wouldn't do it without a negotiated agreement. IOW, you can't force us to merge under any policy.

But let's say you could.

In that case, the merger policy sets standards for "fair and equitable" (career expectations, longevity, status and category). That's still better than just "fair and equitable".

Whether considering your hypothetical, or a more likely scenario (Alaska, for example), and when making representation decisions, Delta pilots (and this is purely a matter for Delta pilots) probably wouldn't logically list "dumping the merger policy" as a pro-DPA argument. That makes no sense.
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