Originally Posted by
R57 relay
Hey sport, I'm giving you credit for just that. I originally believed that the APA just jumped on the SCS bandwagon after Judge Silver ruled, but you have me thinking that was their plan all along. I did some research and found that they used it against TWA.
I can't find a link to the pdf article, but this has most of it and some good info. on MB:
Seniority integration and the McCaskill-Bond statute - Lexology
"
Although unions and management were typically the parties in Section 13 arbitrations, other employee groups and individual employees could be granted party status or allowed to otherwise participate.
See, e.g., Southern Emps. v. Republic/ALEA, 102 C.A.B. 616 (1983) (describing how seniority integration was negotiated by an "employee committee" established for that purpose without union involvement);
Pan Am-TWA Route Exchange, Arbitration Award, 85 C.A.B. 2537 (1980) (noting that three individual engineers were parties to arbitration);
NAA I, 95 C.A.B. at 584 (denying dissenting group "full party status" but noting that they'd been given the opportunity to participate in the LPP arbitration). Thus, as indicated by the language of the LPPs,
unrepresented employees still had rights to fair and equitable seniority integration and binding arbitration to resolve integration disputes under the Allegheny-Mohawk LPPs."
Sport ?
Wow, that's the nicest thing you've ever called me.
As far as what is up the APA's sleeve, that's anyones guess. Back then M-B wasn't in existence though and now it is and it's mentioned in the MOU itself. It would seem the goal here is to NOT do what occurred in the TWA asset acquisition and the resultant construction of the modified seniority list, but instead have neutral arbitrators ready to make the call. Again, a fair process is possible without USAPA and I think that's the primary goal of the MOU - representational castration of known obstructionists to ensure the process doesn't get bogged down for years.