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.
Going forward, MCB protections cannot be waived in this merger voluntarily by APA and/or USAPA.
So boss of Cacti, know that MCB specifically addresses APA's last strategy for SLI. APA is without originality in attempting this again. We can't blame APA for trying. After all, APA's lawyers need billable hours just like AOL lawyers... Right?
So, USAPA has already submitted the merger protocol agreement to arbitration through the MCB guaranteed process of Allegheny-Mohawk. The Civil Aeronautics Board AM LLP sections 3 and 13 via MCB give pre-merger unions the right to pursue fair and equitable
seniority integration on behalf of their pre-merger pilots throughout the SLI process.
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!
Looney tunes.
USAPA refuses to allow West pilots to include the Nic for consideration in any SLI talks and so the West reps on the US Airways merger committee (currently USAPA) bailed, did they not ?
Then, when this same committee minus the West reps they drove off thinks APA is driving THEM off, they file suit to nullify the very agreement they negotiated and agreed to, essentially holding everyone hostage in the hope they can rewrite the process to maintain their relevance.
Where does this sound familiar ?