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Old 02-01-2014, 07:19 AM
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Default West Members of Merger Committee Resign

The two West members of our Merger Committee have resigned. At a meeting on January 29, 2014, our entire Committee met in Washington in an attempt to resolve our differences on what lists to work with as we proceed with the Seniority List Integration (SLI). As you know, our Committee is tasked with protecting the seniority of all USAPA pilots, East and West. While this Committee has always had differences regarding the equity and fairness of the unmodified Nicolau award, the West members have always told us they would consider other methods of integration once the courts ruled. They gave that assurance at the time they were appointed to the Committee and reaffirmed that commitment after their appointments. Now that the Federal Court in Phoenix, AZ has determined USAPA is not obligated to submit the Nicolau Award's Integrated Seniority List (ISL) as the premerger seniority list for US Airways pilots, the West members have reneged on their prior assurance and refuse to consider alternative methods for achieving an ISL with the American pilots. During the meeting, the East members repeatedly offered to have them review and consider a series of potential SLI methods. However, they stated the unmodified Nicolau award is the only list they would consider. We have, of course, considered the unmodified Nicolau list and our thorough review clearly demonstrates that it doesn’t satisfy the fair and equitable requirements of McCaskill-Bond, nor is it fair for our pilot group as a whole.

The West members offered as a solution, that they be assigned to a West-only committee to advocate for the unmodified Nicolau award. The East members do not have the ability to approve or disapprove that request, but we told them we would present that request to the BPR. The next morning, before we had the chance to present this request to the BPR, they abruptly resigned via email in a letter (click here) that contained numerous inaccuracies.

The East committee members have consistently tried to engage the West committee members as we work toward a fair and equitable list, but we could not persuade them to consider alternative methodologies for seniority integration. During this meeting on the 29th, they made it clear they would only consider the unmodified Nicolau award. That unreasonable stance cannot serve the interests of all US Airways pilots and does not fulfill the duties of our Committee or USAPA’s Duty of Fair Representation to all US Airways pilots. All proposals made by this Committee must be, and will be fair for all pilots; not just West pilots and not just East pilots.We are continuously working toward a fair and equitable list which we will present as our case. At this time, nothing more has been decided beyond our conclusion that the unmodified Nicolau list is not an option. Regrettably, in spite of our effort to salvage their participation, in a letter to the USAPA president, (click here) the committee chairman recommended he accept their resignation due to their unreasonable and inflexible stance.

Meaningful participation of any Merger Committee member requires the ability to be open-minded in order to explore and consider many aspects of how the lists may eventually be merged. If West participation on our Committee is limited to unwavering and unreasonable commitment to the unmodified Nicolau list, it obstructs our desire, goal, and ability to reach a fair and equitable SLI as required by McCaskill -Bond. Particularly after two court decisions holding to the contrary, continued strident pursuit for imposition of the Nicolau list is a disservice to all of our pilots.

It is our desire to have West members on our Committee who are committed to the McCaskill-Bond goals of a fair and equitable SLI for all US Airways and American pilots. If any West pilot feels they can make that commitment to work with us toward that goal, we would welcome them to the Committee. In the meantime, we will continue the work for a fair and equitable SLI for all pilots of the new American Airlines.
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Old 02-01-2014, 08:27 AM
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Great. More USAPA emails filling up my inbox.
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Old 02-01-2014, 08:29 AM
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Uhhh. This. "We are continuously working toward a fair and equitable list which we will present as our case."

I thought the impression of the East guys was that USAPA was going to present 2 lists? Looks like USAPA will present a list. How is that going to work?

Last edited by kingairip; 02-01-2014 at 09:01 AM.
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Old 02-01-2014, 08:36 AM
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Originally Posted by kingairip View Post
Uhhh. This. "We are continuously working toward a fair and equitable list which we will present as our case."

I thought the impression of the East guys was that USAPA was going to present 2 lists? Looks like USAPA is will present a list. How is that going to work?
Completely in THEIR FAVOR and something totally unfair to the west in every regard. Court battle to be continued for years to come.

WD at AWA
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Old 02-01-2014, 09:02 AM
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Originally Posted by Wiskey Driver View Post
Completely in THEIR FAVOR and something totally unfair to the west in every regard. Court battle to be continued for years to come.

WD at AWA
Yea...not a good scenario at all.
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Old 02-01-2014, 09:36 AM
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Originally Posted by kingairip View Post
Uhhh. This. "We are continuously working toward a fair and equitable list which we will present as our case."

I thought the impression of the East guys was that USAPA was going to present 2 lists? Looks like USAPA will present a list. How is that going to work?
I would think USAPA and APA both are obligated to submit a proposed single list encompassing all pilots from both companies, i.e. a final proposed merged list, and accompany it with their rationale or method of achieving the singe proposed list.

The decision up to USAPA and APA is to agree on a combined list, the ugly details about how they come to an agreement really aren't of any importance, if they can agree on a final SLI.

The company has three seniority lists. USAPA and APA must agree on a new single list, or have one arbitrated.
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Old 02-01-2014, 09:42 AM
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Originally Posted by kingairip View Post
Yea...not a good scenario at all.
We have a contract with a tight timeliness. We have a ruling from Judge Silver. If the company wants to drag it out, oh well, maybe we can go back to court.


If you are east the June bid will be out soon. I think the west is going to have a small one too. Life goes on.
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Old 02-01-2014, 07:42 PM
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Seems to me it's a strategic move. If they were to agree to participate in negotiating something other then the Nic, it could be used against them in any future legal proceedings as a prima facie admission that they admit the Nic is a dead issue. Maybe they consider the whole thing a slick set-up ?

As I said before, there will be plenty of twists and turns in this creature feature for many months to come.
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Old 02-01-2014, 08:23 PM
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Originally Posted by PurpleTurtle View Post
I would think USAPA and APA both are obligated to submit a proposed single list encompassing all pilots from both companies, i.e. a final proposed merged list, and accompany it with their rationale or method of achieving the singe proposed list.

The decision up to USAPA and APA is to agree on a combined list, the ugly details about how they come to an agreement really aren't of any importance, if they can agree on a final SLI.

The company has three seniority lists. USAPA and APA must agree on a new single list, or have one arbitrated.
The MOU says that the "lists in effect" and it would seem that Us Airways has two lists in effect.
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Old 02-02-2014, 12:47 PM
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Is there any particular reason why third listers can't bid for PHX? It's obvious that there is no debate on their seniority in relation to the west since they are post merger hires. It seems to me that when a PHX slot opens that a third lister should be allowed to bid it.
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