[QUOTE=kingairip;1584626]
This is correct. Different agreement, different integration protocol. Don't tell eagle or cacti that though. You'll confuse them.

The APA can renegotiate the MOU to include the Nic, and ratify it too, to implement the Nic. Good luck .

That doesn't help much...legally speaking, the CBA is you.

So, in other words, before it became a "nullity"...you agreed to be bound by binding arbitration, then didn't....its becoming a little less fuzzy.

Agreed. The JCBA comes first (probably this fall) and then the SLI (arbitration award probably next summer) and so in reality decertifying APA at that point wouldn't nullify the SLI award. I was speaking of a parallel similarity of mimicking what occurred in the Nic arbitration, i.e., 'it would be like", if AA pilots COULD do that.

USAPA will soon be vaporized and then can not legally participate in the SLI arbitration and so there would be little point in subverting the SLI. If anything, I think the only options for those that disagree with whatever result the SLI arbitration produces is to sue APA for DFR and then it would have to be a valid argument that they failed to properly represent a particular sub group based on what their position on that sub group was. McCaskill-Bond requires a "fair and equitable" integration with no windfalls, but that is subjective. The other concept of meeting various "career expectations" seems more easy to quantify and thus both concepts will be in play. As for Nic/No Nic, I think APA will allow it for consideration, but take a neutral stance on its ultimate inclusion. I have no idea what the arbitrators will do, but if I were a betting man, I'd bet against the Nic being used in its pure form.

I think it will be the arbitrators who decide the fate of the Nic, not the APA. Don't tell brakechatter though or you'll confuse him. ;)

USAPA, or someone else representing the US Airways pilots, will have to be involved with the SLI. If they don't, who is going to sit down in front of the arbitrators and say "this is what we want" when the APA says "this is what we want". It's actually ludicrous to say the APA will represent US Airways pilots in a SLI with American pilots. (Granted, third listers and West pilots will only get marginally better representation with USAPA than APA...the West Pilots might even argue worse.) But, the fact remains...you can't have an arbitrator if there isn't two parties to arbitrate.

According to the MOU and APA, once APA is certified as the SOLE Collective Bargaining Agent for ALL AA pilots, USAPA as an entity will cease to exist. They will have no legal right to participate in the SLI because they will not exist. That doesn't mean US Airways pilots wont have a seniority integration committee (or committees) to do what you are saying, it just means it wont be USAPA or any other recognized union.

How do you know the won't exist? Have you read their C&BLs?

You are aware of the company's request to Judge Silver, right?

I'm thinking the 3rd listers may want to petition for their seat at the table. If the west can have one, why not you?