Originally Posted by
Mesabah
If you got scope recapture, the first thing you would have to do as a pilot group is immediately vote out the union and form a new one that had specific unique by-laws to protect mainline pilots from the possible secondary effects if management got hostile. You can see an example of this with the US airways merger, USAPA had to be formed to challenge the Nicolau award, it would have been impossible with ALPA. Thus you can conclude that no current union will have the will power to fall on its own sword to get flying back to the mainline.
That is a totally illogical example to use regarding scope and ALPA.
BTW, USAirways ALPA did challenge the Nicolau Award by petitioning the ALPA Executive Board to overturn it. When the Board looked at the entire process it determined: a) both sides were presented the tools to combine the seniority lists, b) both sides agreed to and followed all the steps in SLI under ALPA merger policy, and c) both sides agreed to go to binding arbitration when they couldn't reach an agreement. The board came to the conclusion that since the steps and process was followed it had not authority to change the outcome and agree with the USAirways position. If ALPA National had, the America West pilots would have had grounds for a suit in that they DID play by all the rules both sides agreed to and overturning the Nicolau award would have harmed them (which the courts have essentially said will happen if the Nicolau award is not part of their new JCBA).