That is the position AMR claimed was the case during the 2002 arbitration over the airplanes. There also was an APA scope issue when it happened. The arbitrator didn't care that eagle had people on furlough at the time of the transfer of the jets, he relied on AMR's statement that eagle was "in maximum growth mode" and was unable to staff the planes hence the need to contract/lease with TSA. The arbitrator ignored the furloughed eagle guys and went based on AMR's statements. The entire arbitration is available in the ALPA documents/records section on their website in case anybody wants to read it.