Originally Posted by
flybywire44
You are basing this off of what legal history?
APA argues that it will be the post-merger certified collective bargaining representative of the merged carrier, but it will not displace the authority of USAPA's Merger Committee as pre-merger bargaining representative.
Why?
Well, MCB guarantees USAPA the right to Allegheny-Mohawk labor protective provisions sections 3 and 13. This allows USAPA to submit any dispute to arbitration 20 days after the dispute arises regardless or any pre-agreement such as an MOU. This will not change post Single Transportation System.
TWA actually had the exact language of Allegheny-Mohawk LPP sections 3 & 13 incorporated into their CBA, but APA forced TWA to waive these provisions (under threat of liquidation) in exchange for APA's "reasonable best efforts" to represent TWA pilots in SLI.
This being the case, I am shocked that West pilots acted to recall GH and SB only to recall the BPR, and give GH/SB the keys to the USAPA merger committee. Is there any logic here?!?! DFRs don't reorder seniority lists after they're determined.
Get you heads out of the sand, and don't shoot the messenger!
Page 41 of Siegel's response answers your incorrect assumption regarding McCaskill-Bond:
48. The MOU Seniority-Integration Process is far more detailed, and contains many
more safeguards and protections for both the employees and the carriers than are contained in Allegheny-Mohawk Sections 3 and 13 (quoted in full at Paragraphs 24-25, supra). As a result, the MOU “allow[s] for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions” within the meaning of 49 U.S.C § 42112, note § 117(a)(2).
49. Because the MOU satisfies the requirements of 49 U.S.C § 42112, note § 117(a)(2), the general requirement under McCaskill-Bond to integrate employee seniority lists according to Sections 3 and 13 of the Allegheny-Mohawk LPPs is inapplicable to the
US Airways/American pilot seniority integration. "