Originally Posted by
R57 relay
They were dancing in court just like the west was when they said they were duped. Right. After 7 years of fighting this it was only after the vote was held that they figured out the Nic wasn't in the MOU and sued. What a crock.
If you actually read the MOU, it's pretty clear. WD, you might not have a high opinion of Hogg, but he is a member of US management and I'd bet he didn't write that denial himself. It's very clear. Now, if Silver sees it that way is another question, but the one she seems to favor most in this thing is the company's lawyer.
101. In August, 2013, in response to Section 22.C protests filed by Phoenix based pilots , US Airways stated as follows:
This will acknowledge receipt of the letter of protest you filed
pursuant to Section 22.C of the America West Pilots' Collective
Bargaining Agreement concerning the July 1, 2013 seniority list
posted by the Company. In that protest, you contend that the
Company is obligated to implement the Nicolau Award as soon as the
MTA/MOU becomes effective. That contention is meritless, and your
protest must be denied.
Section 22.C of the America West Pilots' Collective Bargaining
Agreement only applies to disputes regarding a West Pilot's seniority
relative to other West Pilots as set forth on the West Pilots seniority
list. Challenges to the East/West integrated seniority list, which will
be created after there has been a merger and the federally-required
McCaskill-Bond seniority integration process has been completed, are
beyond the scope of Section 22.C.
Moreover, even if the Section 22.C process applied to disputes
regarding the future East/West integrated seniority list, your claimthat the MTA/MOU amounts to a single labor agreement obligating the Company to apply the Nicolau Award immediately is contrary to the express provision in the Transition Agreement (Section XII.B)
that any of the Transition Agreement's provisions "[m]ay be modified
by written agreement of the Association and the Airline Parties
collectively."
By its terms, the MOU constitutes a written agreement between
USAPA and the Company which modifies the provisions of the
Transition Agreement relating to implementation of an integrated
seniority list. Paragraph 10.h. of the MOU specifies that "US Airways
agrees that neither this Memorandum nor the JCBA shall provide a
basis for changing the seniority list currently in effect at US Airways
other than through the process set forth in this Paragraph 10." The
Paragraph 10 process provides for seniority-list integration in
accordance with the standards and procedures of the federal
McCaskill-Bond law, and that process will not even begin until after
the merger has been consummated. Modifying the seniority lists
immediately, as you have requested, would violate the MTA/MOU.
My opinion of Hogg and Bular is irrelevant as it pertains to this discussion. I fully expect the VP's to deny grievances as they hope the issue will go away with that denial. Some to them do but never the major ones and those proceed to arbitration.
I think usapa did try and end run where again they stand to gain while bringing harm to the minority class however the award still stands as a separate function. Lets look at it objectively, the east gains in terms of dollars and by taking all the upgrades while using the minority class as furlough fodder. That same exact minority class that brought jobs into this mess now lose them to people that were not even on the property and had no expectation of ever returning.
WD at AWA