Originally Posted by
cactiboss
I agree 100% with everything you say here so do our attorneys and AAG's Attorneys
This is where you go off the rails, the position of west pilots has ZERO bearing on any harm to American pilots. USAIRWAYS brings a fixed numbers of positions to the merger, it matters not wether west or east pilots hold those positions, period. Now you want to complicate things? Don't use the nic. because then you have furloughed west pilots flying FO in group 4 airplanes, airplanes which according to your logic senior west pilots cannot fly, it only gets more convoluted from there. Your concerns about west pilots flooding widebodies is completely unfounded, as everyone understands there will be fences and beyond the fences there will be a number of seats comensurate to the aircraft each side brings.Guess what? the west and east share all of usairways widebodies and the circuit breaker there is the "no bump no flush" provisions of the mou. Anyway you look at this, the Nicolau simplifies the US/AA integration and is more "equitable". Sewerpipedriver is a lawyer yet he omits one of the key tenants of law as well as arbitration, what was the "intent" of the contracts that were made? Usairways has been managed as a single company since 2005, this isn't opinion but legal fact, everything that happen after that date is as a single carrier. Now the arbitrators might ignore the Nic but do you honestly believe they will ignore our 2005 merger? Usapa escaped another DFR simply because they never got rid of the nic. for another seniority list, the MOU and PA pushed off the NIc. to the arbitrators since the legal system decided they could not decide. The intent of the MOU and PA both are clear, the arbitrators decide wether or not George Nicolaus arbitration should be used, period. (caveat being if west gets a seat)
It's good that you hope obstinately. This is especially important during emergency landings, CAT 3 Approaches, and other critical situations where it all rests on your shoulders! easglefly has grown cold toward the Nic award. Eaglefly may believe Nic is the morally sound course of action, but the PA has objectively changed the landscape. Still you poo poo him.
Cacti, you stated: "what was the "intent" of the contracts that were made?" We live in a world where sometimes contracts are meant to be broken. Sometimes groups of people sign things they will make every effort to eventually renege on. Social security is a great example.
Yes, the airlines US Airways merged with American in 2005. But the then technically controlling US/AMWest TA evaporated with the AA/US MOU.
But what's more important than that may be the idea that arbitrators respond to incentive. (Hang on, we're zooming out again.) There are relatively fewer airlines remaining. It's more important than ever that arbitrators, who are chosen based on prior rulings, be considerate to the fact that companies, and unions often hire them with preference to past performance.
Beyond this merger American, and APA will shop for arbitrators again. It would be out side of an arbitrators best interests to upset American and APA with the Nicolau award.
Does this make sense? Incentives are a fairly simple concept. Ie. you love Nic because it incentives you, not because it was an "agreement." If you were a mid seniority East pilot who has ridden the coat tails of USAPA to fly the a330, and then upgrade on the a319 you'd be anti-Nic too! It's all incentives baby!
Lets hope for a mutually beneficial outcome. We need West, East, and AA pilots to all come out ahead on this one. You hoping for anything else may be more self serving here than you realize. We need a socialized arbitration award, and I full believe we will get one because arbitrators may be incentivized by AMR and APA's desires for social harmonization of labor.
Okay, I'm off to accomplish something tangible! God bless you Cacti.
Hang in there everyone!