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Old 02-28-2014, 11:20 AM
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Wiskey Driver
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Joined APC: May 2007
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Default APA this is usapa up close and personal.

APA, usapa like any insect that over steps its bounds you must stomp on it with the intent to destroy it. Usapa will uses every means to stall and remain in power for as long as you allow it. End them quickly please.

This is a chronological summary of some of the Seniority List Integration (SLI) events of the last 10 days. All the documents linked below are also posted on the USAPA Web site.
On February 18, as previously reported, the parties to the MOU (the Company, APA and USAPA) were unable to reach agreement on a Protocol Agreement that would have established the process for seniority list integration. This was the deadline under the MOU, as extended by the mutual agreement of the parties. The impasse resulted when the Company, APA, and USAPA were unable to agree on what authority APA would have to amend the protocol agreement if and when APA became the certified representative following a single carrier finding by the National Mediation Board (NMB). USAPA was unwilling to waive its rights as a party in the McCaskill-Bond SLI proceeding and was unwilling to allow the Company and APA unlimited control over the Merger Committee, funding for the committee, and the process for SLI.
On February 20, as was reported in a President's Message, following the impasse, USAPA sent a request (click here) to the NMB for a list of arbitrators. This request was made under the provisions of McCaskill-Bond and Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions, which are incorporated in the McCaskill-Bond Amendment. In particular, Section 13(a) of the LPPs provides:
SECTION 13.
(a) In the event that any dispute or controversy (except as to matters arising under section 9) [section 9 of the LPPs involves moving expenses and is not relevant to the SLI process] arises with respect to the protections provided herein which cannot be settle by the parties within 20 days after the controversy arises, it may be referred by any party to an arbitrator selected from a panel of seven names furnished by the National Mediation Board for consideration and determination. The parties shall select the arbitrator from such panel by alternatively striking names until only one remains, and he shall serve as arbitrator. Expedited hearings and decisions will be expected, and a decision shall be rendered within 90 days after the controversy arises, unless an extension of time it is mutually agreeable to all parties. The salary and expenses of the arbitrator shall be borne equally by the carrier and (i) the organization or organizations representing employee or employees or (ii) if unrepresented, the employee or employees or group or groups of employees. The decision of the arbitrator shall be final and binding on the parties.
Section 13(b) provides that the process provided in Section 13(a):
shall not apply if the parties by mutual agreement determine that an alternative method for dispute settlement or an alternative procedure for selection of an arbitrator is appropriate in their particular dispute. No party shall be excused from complying with the above condition by reason of having suggested an alternative method or procedure unless and until that alternative method or procedure shall have been agreed to by all parties.
On February 25, the Company and APA filed identical grievances under the MOU alleging that USAPA’s request to the NMB violated the MOU and asked that USAPA be directed to rescind the request and bargain in good faith over a process to select a panel of arbitrators (Company MTA#4 and APA MTA #4).
On February 26, the Company and APA sent similar letters (Company Letter and APA Letter) to the NMB taking the position that the NMB should not issue the list of arbitrators until the grievances were resolved. On February 27, the NMB asked USAPA to respond to these letters not later than 4 pm ET on Monday, March 3 (NMB letter).
Late yesterday, February 27, USAPA filed suit in the United States District Court for the District of Columbia for an injunction that would require the Company and APA to follow the provisions of the McCaskill-Bond Amendment (click here). In accord with Section 13 of the Allegheny-Mohawk LPPs, the suit alleges that more than 20 days have passed since the SLI dispute arose, that no agreement has been reached, that USAPA has requested a list of arbitrators, and that the parties disagree about the applicability of the McCaskill-Bond Amendment. The suit will be served today (February 28) on the Company (both American and US Airways) and APA. Under the federal rules of civil procedure, the defendants are required to “answer or otherwise plead” in 21 days.
The purpose of the suit is simple: to require the Company and APA to follow the requirements of the McCaskill-Bond Amendment, which requires a prompt “fair and equitable” resolution of the SLI dispute that arose when the two airlines merged. This has been carefully considered and is necessary to protect the seniority rights of our pilots. We will keep you informed of further developments.
USAPA Communications

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