Originally Posted by CHQ Pilot

Let me preface by saying you bring up valid points and what transpires will have so many variables that the true outcome won't be known for years.



M-B is not a given in all situations. The F9 FAs argued that their merger was not air carriers but holding companies, allowing them to remain separate for the time. I'm NOT saying this would be the case in our situation, but pointing out that M-B isn't the only outcome in mergers/acquisitions.



SWAPA in the past has said that outside legal counsel has told them that employees do not necessarily have to come with a transaction. Again, I'm NOT saying that this is the case in this situation, but I do lend credence to lawyers that understand M and A law better than pilots.



There are too many variables in this situation to even guess how this will play out, but I know it's not going to be quick or fun. I would guess this may end up in arbitration in the end.



I guess my point is that dealing in absolutes of things that will or will not happen is irrelevant because none of us know (unless a deal has already been hashed out in principal before the announcement was made, which given the nature of things I wouldn't be totally surprised).

Originally Posted by Check Essential

Everybody's just assuming the AirTran pilots will become Southwest pilots working under the Southwest contract. That doesn't happen automatically.

A quick read of the AirTran contract reveals a basic successorship clause.

It would seem SWA will have to negotiate a JCBA just like DAL/NWA did if they want to integrate the operation. That JCBA might just be a straight adoption of the SWA contract, but it doesn't have to be. Haven't studied it, but it looks like the pilots are going to get a crack at management due to this:



AirTran's contract:



D. SUCCESSORSHIP

This Agreement shall be binding on any Successor, or Assign of the Company, unless, or until

changed in accordance with the provisions of the Railway Labor Act, as amended. For the purposes

of this paragraph, a Successor or Assigned shall be defmed as an entity (other than an Air

Carrier, or an entity which owns, or is owned by an Air Carrier,) which acquires all or substantially

all of the assets or equity of the Company through a single transaction, or a multi-step related

transaction, which closes within a twelve (12) month period.