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Old 11-24-2010 | 02:08 PM
  #2964  
alfaromeo
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Originally Posted by TheManager
To be clear, USAPA is in court because Doug P and the boys in the sand castle contend that the LOA that had the snabacks was not part of the sale of USair to America West.

Doug claims it became null and void in the transaction. Of course this LOA, negotiatedby ALPA, is seen differently by the east guys. So messed up over there....hopefully we don't sink that low.
You have that completely wrong. First USAPA is not in court over snapbacks, they had an arbitration through a system board, this is a grievance not a lawsuit. The arbitration is about the specific language that froze the payrates for AAA pilots. Their contract contained a series of raises that continued through the amendable date. The LOA froze the pay rates and also reduced them by 18%. The language that established the freeze said the freeze ends December 31, 2009. The question is when the freeze ends do all the pay raises that were supposed to occur during the freeze period come back into play or does the end of the freeze mean they just start with the same schedule that was in their contract already. USAPA also claims the 18% reduction expires too. Your guess is as good as mine as to how that turns out.

USAPA is in court over a DFR lawsuit that is now being appealed to the Supreme Court. They are also in court because the company filed for a declaratory judgment over the seniority list. They want the court to order one of the following:

1. The Nicolau list is the list and the company faces no liability from accepting the list
2. USAPA can choose any seniority list they want and the company faces no liability from agreeing to that list
3. No matter what list is ever accepted, the company faces no liability from using any list.

Ironically, USAPA is supremely confident they will prevail in their quest for Date of Hire, yet they are fighting the declaratory judgment tooth and nail. If they are so confident then it seems they should welcome a ruling by the court.
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