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Old 05-26-2015 | 10:39 AM
  #235  
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Arbitrator David Cole: Pan Am merger:
When the operations of two airlines are combined it is because
economies and flexibility are attained and because the CAB or
the President thinks it is in the national interest that they should
be. Whether one company or the other should continue, or
whether a totally new company should be formed are decisions
definitely not made with reference to the seniority rights of either
group of employees. Financial or tax advantages, or perhaps
legal considerations may be weighed, but so far as the employees
are concerned it is sheer happenstance whether Company A or
Company B survives in its original legal form. In view thereof,
it seems highly undesirable that the future welfare of the employee
population of two companies should hinge on the legal form the
transaction may take. The substance of the combination of the
two enterprises and the contributions made by each in the nature
of jobs are of much more consequence and significance.

Labor Contract language at a industrial plant, which was supposedly followed by ALPA prior to the updated merger policy:
Plant-wide Seniority is determined by
length of continuous service

computed in years, months, and days from the last date the employee
entered the service of the Company. Departmental Seniority
is determined by
length of continuous service computed in

years, months and days from the last date the employee permanently
entered the Department.

Regarding Rank:
Even in cases such as those cited
in the previous section where the surviving-group principle is the
dominant criterion and as a result the employees from the purchased
or closed company, plant or department are placed at the
bottom of the seniority list, the employees in each group usually
are listed according to their length of service. Likewise, when the
follow-the-work principle, the absolute-rank principle, or the
ratio-rank principle is dominant, length of service in most instances
still plays an important role.
Length of Service:
In many cases length of service is the only criterion which is
employed when seniority lists are merged. In the airlines there
are numerous examples of this. When United Air Lines was
formed by consolidating a number of smaller companies, each
employee was placed on the seniority lists of the new company
on the basis of length of service within category. In the Inland-
Western merger the same pattern was followed. In the PanAm-
AOA consolidation, although the merged pilot seniority list was
not integrated solely by length of service, the lists of a number of
the other crafts were so integrated; the Pan Am and AOA clerks
represented by the Brotherhood of Railway Clerks agreed to
length-of-service integration as did the stockroom clerks who were
represented by the International Association of Machinists; and the Pan Am and AOA dispatchers were integrated solely by length of service as a result of an arbitration award.
Funny how in the past things were groovy for merger policy, and then ALPA (really UAL pilots who run and control ALPA) decided to change that policy. Absolute rank, length of continual and uninterrupted service used to mean something. But, since that wasn't going for them change had to happen. Thanks ALPA! Unity baby!


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