Originally Posted by
MudhammedCJ
That's why IMO we absolutely SHOULD get preference when merging with a far less financially secure company. ALPA merger policy is a equity scheme. Wait and see if any of the legacies try to fold their wholely owned regionals into their list. That stupid policy will evaporate like a fart in the wind.
”Fair and equitable” seniority list integrations are required by federal law (McCaskill-Bond) and are not simply a requirement of ALPA carriers merging under ALPA’s merger policy.
Read it for yourself:
The legislation, known as the McCaskill-Bond statute, was signed into law in December 2007 and is codified at 49 U.S.C. § 42112.[/size]The statute applies when two or more air carriers are involved in a "covered transaction," described as:
- A transaction for the combination of multiple air carriers into a single air carrier; and which
- Involves the transfer of ownership or control of—
-
- 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or
- 50 percent or more (by value) of the assets of the air carrier. 49 U.S.C. § 42112 (b)(4).
When such a covered transaction "results in the combination of crafts or classes that are subject to the Railway Labor Act," "sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board ("CAB" or the "Board") in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered employees of the covered air carriers."
Id. § 42112(a).
In short, these Allegheny-Mohawk Labor Protective Provisions ("LPPs") require that the carrier make provisions "for the integration of seniority lists in a fair and equitable manner," including negotiation with union representatives and binding arbitration in covered transactions. The participants in this negotiation/arbitration process are the affected employee groups, and the carrier or carriers involved.