Originally Posted by
Bucking Bar
Carl,
Effectively it is operable as a PWA.
Interestingly the Comair "commitment letter" example was also signed by ALPA's President. I had never made the distinction that it was unusual for a President to sign a LOA. But you might be on to something here. This keys into a report from an attorney which I did not completely understand (and I am not sure it matters since everyone seems pleased as punch to abide with it).
This attorney states the President's signature is there because ALPA is serving as the vendor for alter-ego outsourcing using Pinnacle pilots.
I'm not going to report his whole analysis of the mess since I am not even sure I completely grasp the concept and can't defend his position.
As another historical reference, when ASA had it's SLOA which provided concurrent seniority for Delta pilots at ASA and Delta, that agreement was done locally, with the agreement and authorization of national. I don't think that side letter went up to Herndon for a signature.
We had many similar instances in the NWA contract. I agree that all LOA's, MOU's etc operates as a PWA because they essentially become part of the PWA. But most do not include the signature of the ALPA president. Not saying the ALPA president can't sign one, its just not required to be a legally binding part of a contract. Our current contract has many MOU's that do not include the ALPA president's signature. But on 2 of our LOA's the ALPA president's signature does appear.
The Pinnacle Bridge Agreement is not their PWA. It is a separate part of the contract like any LOA or MOU...but are legally binding
additions to the PWA.
Carl