reductions
in force occur in inverse order of seniority,
furloughs and juniority go hand in hand. Beyond
that, the absence of current employment
and uncertainties about future prospects are
among the equities likely to affect a furloughee’s
seniority placement.
No pilot, regardless of furlough status, can be
guaranteed any particular placement on a merged
list. The only certainty in seniority integration is
that the outcome is never certain until the merger
representatives reach an agreement or, failing a
negotiated solution, the arbitrator issues an award.
Each case presents its own facts and equities, and
each requires a resolution tailor-made to the
situation presented. With that said, the past
provides several examples of arbitrators and
negotiators grappling with the proper seniority
placement of furloughees. These precedents,
while not determinative of future proceedings,
shed light on the kinds of considerations likely to
come into play.