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-   -   West gets a seat (https://www.airlinepilotforums.com/american/85835-west-gets-seat.html)

eaglefly 01-10-2015 07:18 AM


Originally Posted by alfaromeo (Post 1800218)
And then the counter argument is that without the merger the East would have been liquidated in bankruptcy. These arguments have already been litigated in the first arbitration. The fact is that no one knows what the future would hold. American pilots had no expectations of flying a 787 until their management bought one. East pilots had no expectations of flying a 330 until their management bought one. Standalone America West management could have bought either of those aircraft, or any other wide body, by now also.

No one can predict where either the East or the West would be now. What you see on these boards is pilots making up some future that has doom and gloom for the other side and glory and victory for your side. Arbitrators see through this bunk before the words actually leave your mouth, that is what they do for a living.

The entire set of East/West arguments and counter arguments were fully explored in days and days and days of arbitration and stacks of exhibit books. George Nicolau is considered a giant of the arbitration world.

So on one side you have the West arguing the principles of living by your agreements, that arbitration matters and is not just a suggestion, and that the majority can't take away the rights of the minority simply by use of force. On the other side you have East and maybe AA pilots arguing that the arbitrators should ignore these principles because their careers would be boosted by stepping on the backs of the minority. Just step back for a minute and think how a panel of three professional arbitrators would view those arguments versus how you view the situation for your own self serving views.

The UAL/CAL award text clearly shows that arbitrators are not impressed by slanted, self serving, over the top proposals. This is where you do not want to end up:

"Not surprisingly, the ISL produced by the CAL Committee's fatally defective methodology is neither fair nor equitable."

Fatally defective. You lose control of the arbitration and become a spectator for your own seniority integration.

Agreed that the CAL pilots overreached and the arbitrators discounted that reach. That's a lesson to all sides that presenting extreme positions only weakens your results. This arbitration has 3 distinct parties arguing their position on what is "fair and equitable". There will be no agreement on that. The result is that three positions will be taken under advisement by the arbitrators to craft their final ISL. The steadfast belief that they will (or should) first dicide that the Nic list is the most fair result prior to integration with LAA means that this arbitration panel determined its legal duty was to award the Nic themselves of which they are not signatories or that one arbitration panel is legally required to institute the award of another that went previously unconsummated. That is folly.

IMO, this panel will examine the THREE separate positions and analyze the pre-merger situations of both carriers and THREE separate pilot groups (a sobering reality, not a hypothetical). They will craft a hybrid model that almost certainly will not include the Nic in pure form. Some sections of the ISL may have Nic order, but that is not advocation of the Nic per se, but simply a by-product of the process of crafting their hybrid model. I certainly don't know what the final ISL will look like, but IMO it will not include the pure Nic and that's not based on self-interest. Since I have no control over it, I know my opinions will not affect the outcome and I'd rather be correct in my opinion then wrong, otherwise I'd simply be lying to myself, not unlike most of the yes voters for the TA.

For some reason, there is belief by many that this merger and SLI being the Christmas Tree it's turned out to be for ALL US Airways pilots (in pay and opportunities vs. the pre-merger status quo) means that the Nic is the Star on top of that tree. It isn't. The purpose (Star) of this SLI isn't that its the required resolution to the Nic, it's that a fair integration occur based on what pilots at each of the tree carriers could reasonably (remember that term) expect without it.

Laker24 01-10-2015 07:19 AM

Eaglefly,

Take two hypothetical pilots that were hired 1 year ago by Us Airways. Lets call them Doug and Scott. They both interviewed on the same day and were both hired. Doug was sent to Charlotte to fly E190's and Scott was sent to Phoenix to fly the A320. They both work for the same airline and use the Cactus callsign. The only catch is the obvious lack of ability to bid each other's bases due to the long standing dispute. Now according to your logic Scott has no expectation of ever flying a Widebody and should be fenced from ever flying the 330. Even if he is one number senior to Doug and they were both hired by the same airline. He just happened to have sh#t luck the day that aircraft were assigned. Is there any precedent in the history of aviation for this scenario? That would be in essence re-ordering the seniority list. There are so many holes in the East argument I don't think it will take the arbitrators more than two minutes to discount it in its entirety.

When UAL purchased Pan Am's Pacific routes were the UAL pilots banned from flying 747's until all Pan Am pilots had retired?

Is it safe to assume that the East pilots would somehow maintain a majority and successfully fence out the West forever? Obviously when enough of the Easties retired that fence would fall. There is no valid argument that supports the idea that the West had no career expectation of flying an A330/A350. In fact Doug ordered the A350. I could see the APA arguing that the West would have had a reduced flow into the widebody category. But whether or not they can argue that point successfully remains to be seen.

SewerPipeDvr 01-10-2015 07:19 AM


Originally Posted by eaglefly (Post 1800226)
But it doing so, that doesn't mean its a free ticket to a windfall at others expense. The snapshot will be just before pre-merger and reasonable expectations based on the reality of the situation will weigh more heavily then desire to capitalize on the merger as an excuse to recoup what was denied in the past.

How fast a rate can pre-merger West pilots funnel into the small number of East widebodies over time (along with 3rd-listers) as the senior East retires vs. the larger number of AA pilots into their larger number of widebodies over time X as senior AA pilots retire ?

The question above assumes that West pilots not only HAD free bidding rights into East widebodies pre-merger, but that if they didn't they would have WITHOUT the merger.

That wasn't the case, was it ?

I think the big question is "did the East UN-fairly keep the West from wide bodies?" If the arbitrators take this into account the outcome will be no fence for the East against the West. That is a real possibility. In fact I expect it after reading the latest ruling. Some on here try to say what a arbitrator can or cannot do. They are ignorant. Some also forget USAPA agreed to FEDERAL arbitration. Different rules entirely and very difficult to nearly impossible to reverse. You cannot just decide the arbitrators were UN-fair and sue.

cactiboss 01-10-2015 07:21 AM


Originally Posted by eaglefly (Post 1800157)
I understand the process and I disagreTo say the AAL pilots committee is prevented from arguing X or Y means the West committee would be limited for arbitrary reasons as well. They aren't. Your committee will be free to put forth anything it desires.

Jeez Louise, where did I say your committee is "prevented" from arguing anything? I said they "won't" involve themselves in the east/west pilot order, not because they can't but because they are "neutral". Did you read the arbitration transcripts? If you did you will see 3 parties wanted the west to have a seat, 1 party didn't want the west to have a seat and another party was "neutral" and didn't have an opinion on wether the west gets a seat, that party was your merger committee.

eaglefly 01-10-2015 07:22 AM


Originally Posted by cactiboss (Post 1800096)
.... west pilots had access and pay scales for the widebodies including 330/350 all that had to happen was for a west pilot to be furloughed.

Those junior pilots would take many years to move up to widebody captain and that is NOT the same as free bidding available to all. The same abilities are offered to all New AA pilots now as per the MOU.

"Back door" options (to the BOTTOM of another pre-merger seniority list) such as this are not commensurate with free and unfettered bidding access from all pilots.

flyinawa 01-10-2015 07:29 AM


Originally Posted by eaglefly (Post 1800056)
Several reasons. One is the pre-merger West pilots had no reasonable expectation to widebody international flying due to the seniority dispute that had no reasonable expectation of resolution for many years, if ever. Additionally, they brought lower paying positions and job options as opposed to LAA pilots. "Pre-merger career expectations" involves looking what each pilot group could expect as far as career progression, pay and job options like flying and domiciles (flexibility) pre-merger.

Sadly, West pilots really didn't bring much to the table (which is not a shot at West pilots per se, just the realistic limits of what they had pre-merger). I agree it was a result of unfair treatment by USAPA, but the fact is the arbitrators will have to consider the realities of each pilot groups pre-merger career situation to quantify their reasonable future expectations prior to the merger based on their realities pre-merger. I don't see them granting a windfall to West pilots out of sympathy for past misfortunes. I understand you'll probably feel differently.

Based on your logic, I could make a similar argument that Eagle pilots that flowed through shouldn't be allowed to fly wide bodies (as they had no expectation to do so when they were hired by Eagle) or STL based former TWA pilots should be considered as a separate list because they exercised superseniority (think "unmerged") benefits at that base.

The bottom line: USAir merged with AA.

If you review the financial documents pertaining to the merger, you won't find any mention of America West. That company no longer exists nor has it existed for a long time. While the seniority dispute has raged on for many years, I think your assertion that West pilots had no expectation of flying wide bodies in the foreseeable future means you've accepted the USAPA argument that the companies would (could?) run independently forever. Every other work group had successfully integrated except for the pilots, thanks to USAPA's efforts at exclusively benefiting East pilots. Had the AA merger announcement been made 10 years ago concurrently with the USAir and AWA merger, you might have had a reasonable argument...but it wasn't.

Let's cut to the chase. If the West merged as a stand alone group with with the 2nd class expectations you've assigned to them, they would be integrated much lower into the seniority list...which benefits...you. From one former Eagle pilot to another, that's disappointing.

cactiboss 01-10-2015 07:30 AM


Originally Posted by eaglefly (Post 1800239)
Agreed that the CAL pilots overreached and the arbitrators discounted that reach. That's a lesson to all sides that presenting extreme positions only weakens your results. This arbitration has 3 distinct parties arguing their position on what is "fair and equitable". There will be no agreement on that. The result is that three positions will be taken under advisement by the arbitrators to craft their final ISL. The steadfast belief that they will (or should) first dicide that the Nic list is the most fair result prior to integration with LAA means that this arbitration panel determined its legal duty was to award the Nic themselves of which they are not signatories or that one arbitration panel is legally required to institute the award of another that went previously unconsummated. That is folly.

IMO, this panel will examine the THREE separate positions and analyze the pre-merger situations of both carriers and THREE separate pilot groups (a sobering reality, not a hypothetical). They will craft a hybrid model that almost certainly will not include the Nic in pure form. Some sections of the ISL may have Nic order, but that is not advocation of the Nic per se, but simply a by-product of the process of crafting their hybrid model. I certainly don't know what the final ISL will look like, but IMO it will not include the pure Nic and that's not based on self-interest. Since I have no control over it, I know my opinions will not affect the outcome and I'd rather be correct in my opinion then wrong, otherwise I'd simply be lying to myself, not unlike most of the yes voters for the TA.

For some reason, there is belief by many that this merger and SLI being the Christmas Tree it's turned out to be for ALL US Airways pilots (in pay and opportunities vs. the pre-merger status quo) means that the Nic is the Star on top of that tree. It isn't. The purpose (Star) of this SLI isn't that its the required resolution to the Nic, it's that a fair integration occur based on what pilots at each of the tree carriers could reasonably (remember that term) expect without it.

The Question of wether the Nic. Is the list for usairways pilots was moved from court to the SLI arbitration by the Mou. I don't think you are comprehending that simple fact.

eaglefly 01-10-2015 07:34 AM


Originally Posted by Laker24 (Post 1800240)
Eaglefly,

Take two hypothetical pilots that were hired 1 year ago by Us Airways. Lets call them Doug and Scott. They both interviewed on the same day and were both hired. Doug was sent to Charlotte to fly E190's and Scott was sent to Phoenix to fly the A320. They both work for the same airline and use the Cactus callsign. The only catch is the obvious lack of ability to bid each other's bases due to the long standing dispute. Now according to your logic Scott has no expectation of ever flying a Widebody and should be fenced from ever flying the 330. Even if he is one number senior to Doug and they were both hired by the same airline. He just happened to have sh#t luck the day that aircraft were assigned. Is there any precedent in the history of aviation for this scenario? That would be in essence re-ordering the seniority list. There are so many holes in the East argument I don't think it will take the arbitrators more than two minutes to discount it in its entirety.

There were two separate lists and free-bidding was not IN place, nor expected to be at any point in the future (an "imminent" resolution") and that's not the same. any transfers between list only recognized that pilots non-Nic seniority and junior pilots such as you describe were not subject to the Nic due to arriving after it was awarded, no ? But anyway, that WON'T necessarily result in the Nic. Wst pilots had no free-bidding access to East widebody flying unless it was under specific circumstances AND they went to the bottom of the East list or there as new-hires as non-nic inclusive pilots.



Originally Posted by Laker24 (Post 1800240)
When UAL purchased Pan Am's Pacific routes were the UAL pilots banned from flying 747's until all Pan Am pilots had retired?

UAL already had 747's (and other similarly economically equal widebodies) and there pilots were flying them. That was a route issue.



Originally Posted by Laker24 (Post 1800240)
Is it safe to assume that the East pilots would somehow maintain a majority and successfully fence out the West forever? Obviously when enough of the Easties retired that fence would fall. There is no valid argument that supports the idea that the West had no career expectation of flying an A330/A350. In fact Doug ordered the A350. I could see the APA arguing that the West would have had a reduced flow into the widebody category. But whether or not they can argue that point successfully remains to be seen.

The East isn't going to anything to West pilots in this SLI. The ARBITRAORS will craft the hybrid model they believe to be the most fair based on the information they have regarding the carriers pre-merger situations and their pilots pre-merger career expectations as per the arguments. You can be sure there will be SERIOUS differences in each of the three groups positions regarding each other. Each committee will represent their own pre-merger pilots interests. That's about the ONLY thing that is certain. The weight and value of each argument will be bAsed on THIS merger/SLI's specifics and not that of another merger/SLI. The process of getting to that final ISL WILL though follow that similar though not exactly to the UAL/CAL integration.

eaglefly 01-10-2015 07:35 AM


Originally Posted by flyinawa (Post 1800247)
Based on your logic, I could make a similar argument that Eagle pilots that flowed through shouldn't be allowed to fly wide bodies (as they had no expectation to do so when they were hired by Eagle) or STL based former TWA pilots should be considered as a separate list because they exercised superseniority (think "unmerged") benefits at that base.

The bottom line: USAir merged with AA.

If you review the financial documents pertaining to the merger, you won't find any mention of America West. That company no longer exists nor has it existed for a long time. While the seniority dispute has raged on for many years, I think your assertion that West pilots had no expectation of flying wide bodies in the foreseeable future means you've accepted the USAPA argument that the companies would (could?) run independently forever. Every other work group had successfully integrated except for the pilots, thanks to USAPA's efforts at exclusively benefiting East pilots. Had the AA merger announcement been made 10 years ago concurrently with the USAir and AWA merger, you might have had a reasonable argument...but it wasn't.

Let's cut to the chase. If the West merged as a stand alone group with with the 2nd class expectations you've assigned to them, they would be integrated much lower into the seniority list...which benefits...you. From one former Eagle pilot to another, that's disappointing.

Hey I get all this. You guys are arguing your beliefs here and I understand that. I don't agree with them and my "logic" is different. Expect the same in the actual arbitration. None of us are going to convince the other of anything and the arbitration will resolve the issues.

Laker24 01-10-2015 07:35 AM

I would respond by saying that there is a seniority list which governs East and West. It is called the NIC. Standby for implementation. I guess we will see who is right in about 10 months. Arguing on here is truly a waste of time so I will save my energy. But I would strongly recommend reading the 3 days of transcripts from the preliminary arbitration. Very informative. I almost felt embarrassed for Pauley. Reading between the lines it was quite clear that the arbitrators found him to be full of ****e.

It is also interesting that they came out with an early ruling considering the extremely compressed timeframe to reach a decision. I'm quite confident the West has the moral and legal high ground in this case.


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