Fellow pilots:
We have three topics we wish to update you about.
POST-HEARING BRIEFS
We previously reported to you that the post-hearing briefs were due to be filed today, Monday, March 21st, 2016. Last week AAPSIC’s attorney, Wes Kennedy, requested that the March 21st deadline be extended by one week until March 28, 2016. Late last week, the arbitration panel granted AAPSIC’s request, and the post-hearing briefs are now due no later than Monday, March 28th, 2016. There remains some slight possibility that they will be filed a day or two earlier than that. Although this minor delay in the process may impose little, if any, delay into the outcome of the SLI process, we nonetheless share your disappointment that yet another potential delay has been imposed upon the process. We note that of the three committees, AAPSIC has by far had more time than any other committee to prepare its case, and also by far has the largest budget.
REINSTATEMENT RIGHTS
Both the AWA and AA contracts (as well as the JCBA) have a provision for “reinstatement rights” for pilots displaced from a position, which permits the displaced pilot to exercise “super-seniority” to the next available vacancy back to that same position (subject to certain limits). The East contract contains no such provision, and the East Merger Committee made an issue of that contract disparity during the SLI arbitration hearings. Within a couple of hours of this issue being raised at the SLI arbitration hearings, we received word that the East APA representatives, who were present at the SLI hearing, had begun a concerted effort to get the company to agree to retroactively implement JCBA reinstatement rights for East pilots. As you’re likely aware, the company was quick to agree to the request, despite having dragged their feet with nearly every other JCBA implementation request made by APA. It is worth noting that company did not choose to implement the applicable contract section in whole or even substantial part, but rather implemented ONLY a single isolated provision that has no effect other than to retroactively grant reinstatement rights to East pilots who have been displaced since December 9, 2013.
Immediately after APA accepted the company’s offer to implement retroactive reinstatement rights for East pilots, APA’s general counsel notified the arbitration panel of the agreement, acknowledging that the agreement “may be relevant to the panel’s deliberations.” It is our view that both the APA and the company deviated from their obligation to remain neutral in the SLI process, and in fact, APA’s letter to the arbitration panel affirms that APA implicitly shares our view. We have posted a copy of the letter and the agreement to our website,
The America West Merger Committee.
Our post-hearing brief will further inform the arbitration panel of this development.
ATTORNEY MEET AND GREET
As a reminder, Leonidas LLC and your Merger Committee will be holding a “Meet and Greet” with the attorneys, including our merger attorney Jeff Freund. Please mark your calendar as follows:
WHO: Meet and Greet with attorneys Marty Harper and Jeff Freund
WHEN: Monday March 28, 2016 3pm-6pm MST
WHERE: The Drury Inn
3333 East University Ave.
Phoenix, AZ
602-437-8400
We thank you for your continued support and look forward to updating you again in the near future.