Originally Posted by
FreighterGuyNow
Thats's the problem isn't it? The Arbitrators won't be on any fact finding mission - they will use what's put before them. I disagree. The Arbitrators are not stupid. Each side will present conflicting statements. So which one is correct? They really do try to make informed well reasoned decisions.They will have legal clerks researching everything. Being a retired attorney I have known quite a few Arbitrators. I have said I do not believe any Arbitrator will "punish" the East. What they did was perfectly legal (but perhaps not exactly ethical), although it brings up possible damages for the time they did not deliver a contract if the reason can be clearly brought before judgement. The MOU might or might not be gone, but the damage for the time frame of delay remains. If USAPA is dissolved it will likely be moot.
"APA seeks a further declaration that, following USAPA’s decertification as the collective bargaining representative for legacy US Airways pilots and its replacement by APA as the collective bargaining representative for all US Airways and American pilots, USAPA may only participate in the MOU seniority integration process if and to the extent deemed appropriate by APA."
So, [if] the APA decides it's ok then USAPA can participate. They still must fairly represent ALL members under a threat of DFR.
Then, [if] USAPA can participate then APA decides to what extent. Under threat of DFR not likely.
Or, they may bag it entirely putting forth whatever the heck APA wants on the USAPA pilots behalf and we are excluded entirely from the process? Gee, that sure sounds like what has been going for the past several years, don't it? I read sometime ago a East poster state "majority rules". Now that is a tasty **** sandwich! Not going to happen under MB fed guidelines. Relax. You won't get the USAPA wants, but APA won't either.
The Arbitration panel is going to come up with same result than if a second adversarial party is involved?
Awkward sentence. A arbitration panel will not allow one side to "steamroll" the other. That is their purpose. Not going to happen. They are not there to give one side or the other what they want, they are there to make a fair judgement. Again they do not depend of each sides dog and pony show. They will dig out facts. And few directly involved can see clearly so outside minds are necessary.
I have never taken "a side" in this East/West fight. I will say I suspect Nic got most right but making a judgement without all details is not a good idea. A few problems but it is what it was. A lot of damage has been done to the piloting profession over the past years starting before Frank Lorenzo came along. You are smart men and women but you better come together. Or you will become the "regional pilots of the future". Management has big bucks and politicians. All you have are each other.