Originally Posted by
eaglefly
I don't think you can use unusual situations that exist on any of the lists that are in play to then claim that list doesn't exist. That would be a strawman argument. The Nic list is the originally awarded list and should any modification be required as a result of unusual situations like this (rare), the arbitrators would decide regardless of whatever argument whatever party chooses to supply absent agreement.
I think you will find situations like this are not all that rare what with medical leaves and such. The list is full of "special cases"
When you start to address them, you realize that it's opening a can of worms and exposes the ludicrousness of plopping down a list created 7 years ago out of seniority lists from 9 years ago and just implementing it. Any seniority integration that occurs today needs to address the people actually on property today and their positions on the lists today. When you go back into the wayback machine and start reordering things based upon a document now starting to yellow you're going to need to start making projections and predictions and assumptions.
For example, in the case of our humble F/O, you could say that his seniority became frozen at a certain date and people started passing him. Clear enough on the East List. But on the Nicolau list... was it just East pilots passing him since the operations where in fact separate? Or do we assume that the lists *should* have been combined in 2007 and hence reorder the lists as if it was combined, hence everybody passes him. What about if there was somebody out West junior to him per the Nic list who was in fact furloughed at the time? Do we assume that under the Nic they *probably* never would have been furloughed, and treat that person as if they where on property, so they pass him? What if some West guy senior to him per the Nic got furloughed and came East and was therefore Junior to him on the East list and senior to him on the West list? How much to they move up then? Do they get more seniority credit than someone who was furloughed and didn't come East? I'm giving myself a headache just typing this.
This is why the PA is pretty clear that each individual committee is responsible for it's own list. They bring in the lists, and the lists get merged. The Nicolau just doesn't fit into that methodology since it doesn't jive with any of the current lists. In order to implement the Nicolau award, you would have to completely ignore the East list as it currently exists and as it will be presented by the USAPA merger committee. And that's not going to happen. The best outcome the West can expect is that the arbitrators will honor the "intent" of the Nicolau award.
Incidentally, I think the company will fight against significant fences on the argument that it has the potential to increase their training and staffing costs.