While arbitrated ALPA merger policy isn’t my specialty, it appears from past cases an arbitrator can weigh provisions how they see fit. ALPA merger policy is vague. For example, longevity in arbitration has been weighed anywhere from 15-35 percent. An arbitrator could weight it 75% or 5% if they want. They can weigh the provisions however they want. They can even look outside the merger policy as long as they “considered” it. Probably not likely but possible. Arbitration sucks.
Originally Posted by
Just a Lurker
McCaskill-Bond says that in the merger of lists with the same union the union’s merger policy shall be used. To think one- let alone three- arbitrators would decide to simply ignore the act and open their award up to litigation seems far fetched to me.
Also, rule one of the policy states that the order of both original lists is inviolate. Under no circumstances can someone on a list jump another on the same original list... Longevity (Relative seniority) as written in the policy is an entirely different subject.
Read the policy guys, it’s not that long and it’s written in fairly easy to read English.