Old 05-21-2023 | 03:06 AM
  #2123  
sailingfun
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Originally Posted by iaflyer
Why did the US Airways - Reno Air situation happen? I"m sure the lawyers "never thought of that".. and with everyone who challenges a pre-nuptial agreement... wasn't that a binding document? Challenges seem to happen often to high net worth people and the challengers seems to make out just fine. I think you're a bit naive if you think legal approval from the ALPA lawyers is the end-be-all of legal advice and other lawyers can't find their way around it if they think the payout is high enough.

Imagine this situation - took me all of 1 minute to come up with it.. and I'm not even a lawyer:

Delta brings on EDV pilots to the company, adds them to the bottom of the list (a staple) as per the "agreement" that DAL ALPA and EDV ALPA agree to.

The senior pilots complain, and say "we didn't agree to this!" and get a law firm to sue for "Right to fair representation" because there should of been a merged seniority list, and ALPA is ignoring the 2007 law that requires using Allegany-Mohawk which specifies: "insofar as the merger affects the seniority rights of the carriers’ employees, provisions shall be made for the integration of seniority lists in a fair and equitable manner, including, where applicable, agreement through collective bargaining between the carriers and representatives of the employees affected."They also want DOH, as they have been part of Delta for years, making all of them senior enough to hold Captain on the next AE.

Discussions ensue...

An agreement is made, rather than it going to arbitration where the EDV pilots are ratioed in, starting at earliest EDV flow and eventually will hold their original EDV seniority, just not right away. Over time they can bid a certain number of Captain slots on AEs. ALPA says, "well, it's better than DOH, which is what they wanted, and they might of gotten had it gone to arbitration."

Not possible? I'd say it has a medium to high chance of actually happening if Delta does that.
Please read Allegany-Mohawk. It would not apply at all between any merger where both pilot groups are ALPA.
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