Originally Posted by
A321
Let's see if I can summarize this.
USAPA and APA agreed to an MOU for the merger before the merger. Part of the MOU said that the two would agree to a "seniority integration protocol" agreement (essentially a document as to how seniority list discussions were going to go IF the merger happened).
APA insisted that they have the ability to unilaterally change language in the MOU after they become the single union (could be this year)... and USAPA didn't like this... it took away the US pilot's ability to adequately oversee seniority integrations.
The MOU also stated that the seniority lists would come together in a "fair and equitable" manner, per McCaskill-Bond legislation (which was written to prevent another TWA/AA staple job).
However, the wolf in sheep's clothing is that the McCaskill-Bond legislation is thrown out the window once the two pilot groups have one union (presumably APA) and the
union's internal merger policy supersedes. An internal merger policy can be changed at any time...you can see where this is going.
This is how it has been explained to me. Someone correct me if I am wrong.
US Airways And American And The Elephants In The*Room - Aviation Articles and Commentary - Swelblog / Swelbar on Airlines
Yes. Correct.
We can add that the APA and the company are telegraphing that they want to have arbitration run by the APA and it appears the APA was asking USAPA to allow the APA to set up any group of representatives they want to represent different pilot groups, as they see fit, without any input from the current certified bargaining agents and parties to the MOU. The APA declares they will get this anyway and yet are demanding USAPA agree to it now because it is inevitable.
The West thinks Silver ruled against USAPA and declared that USAPA will have no MB SLI rights under MB or the MOU once the APA is the new certified agent. It is ridiculous to assert that she found that USAPA prevailed in the lawsuit and at the same time declared that USAPA is not entitled to MB statutory protections. She declared that the West Plaintiffs are not entitled to MB protections. The question of USAPA's entitlement to MB protections was not at issue in her trial.
The company has made a motion to Silver to get her to clarify. To use her own words "She is on thin ice."
USAPA has filed a lawsuit in D.C. seeking enforcement of their MB protections.
This will all take several years and be a hoot to watch!