Originally Posted by
R57 relay
Do you realize that the "facts" are those as certain lawyers see them, right?
No, those are assertions. The "facts" will be determined by neutral parties as those are what we will ultimately live with, i.e. our reality.
Originally Posted by
R57 relay
That said, when this became a dispute I thought it would be decided by the arbitration procedures spelled out in the MOU as the company and APA are claiming. I didn't see this lawsuit coming and wouldn't be surprised if USAPA lost. Even it they do, and we go to arbitration as per the MOU, that arbitrator could decide that USAPA retains is rights under MB, right?
USAPA is disputing what it agreed to after it agreed to it. Essentially, one could argue they are disagreeing with themselves. It is EXACTLY what they did (as an ALPA majority) when they agreed to roll the dice with their last SLI arbitration under the auspices of the NMB and then disliked the result. The MOU specifically envisions USAPA dissolving prior to completion of SLI. If only APA exists as the sole bargaining agent, it will be them that bears the burden of DFR ensuring that all pilots interests are fairly represented. The NMB arbitrators in that case are not tasked with determination or declaration of who is a bargaining representative, that is up to the pilots prior to that. APA will be declared that as a result of a majority not unlike how the East did that overthrowing ALPA and birthing USAPA. It's essentially history repeating itself, just with USAPA loafer on the other foot this time and now they don't like the fit.
If only they didn't agree to the MOU with that clear and present expectation. Of course had they done that, they would have gotten the pay and pension bumps. I don't think in this case, they can have their cake and eat it too.......at least not the frosting.