That scenario wouldn't surprise me at all. Perhaps the west and AAPSIC can sit down and reach an agreement during arbitration. That would save everybody some heartache and move this process forward. In the end, we must place unity above all else.

 

Anything is possible, but it's one thing for neutral arbitrators to craft a list using their own knowledge of the situation even if the East pilots aren't directly represented (by their reps own choice), but for the other two committees to unilaterally do it without them would seem to be far more dangerous ground. Not sure APA would go for that, instead seeking shelter from the arbitrators which sounds exactly like what they are doing.

 

The 9th in their infantile wisdom did nothing to enforce the Nic. No one is required to affirm or use the Nic, for anything whatsoever. Not even USAPA. No one.

And you better know APA sure as he!! Inherited that. :-)

 

The LAA committee is free to pursue that argument but I am betting that it will be a loser. APA is not willing to absorb any liability and keep in mind that to make a case a west pilot need only show that he/ she was senior to pilot A on the previous award and now as a result of APA is now jr to said pilot.

I don't believe that the panel will dismiss the award but rather than speculate lets wait and see what they come up with.

WD at AWA

 

Do arbitrators have the authority to compel participation? (Rhetorical question)

 

Well, if the LAA committee is going to make a decision of X because it MAY invoke theoretical jeopardy to APA, then that would indicate that APA is NOT autonomous and actually would seem to provide even MORE jeopardy to them by indicating a relationship between the two. APA is responsible under M-B to ensure a fair PROCESS and that would be the careful decision on how to proceed absent an East committee hence the punt to the arbitrators.

IF (and that's IF) the Nic doesn't survive in pure form, it will be because the arbitrators didn't believe it provided the fairest, most equitable result to ALL parties, at least one which could not be reached another way with it. Only ONE of the three presently separate pilot groups comprising only 10% (or a little more) of the total pilots believes any final ISL that doesn't include the pure Nic is a "reordering" of the East pilots, but that pilot groups "equities" and/or beliefs might not provide the strength needed to push the pure Nic past the finish line and become a by-product of the final ISL. Again, (and it's just MY opinion) that the significant portions of the Nic WILL be a part of the final ISL (more then were likely before) and then that could be represented as a compromising victory for the West and the rationalization that the interests of 10% of the pilots didn't warrant THEIR interests being placed as paramount considering the other factors and equities the remaining 90% of pilots both East and LAA also brought.

 

Only they can answer that (I hope). Even if they did, I suppose USAPA/East could just sit down on the floor and hold their breath until they turn blue and refuse to move (or flop over, which ever occurs first) and then what ?

Either way, they are still AWOL in reality and the eyes of the other parties.

USAPA left the door open for return, so it would seem they aren't ready to walk off a cliff without recourse quite yet and are doing whatever behind the scenes while waiting for the next moves by Silver and the arbitrators to finalize that next move. Just a guess, though............

 

The east wants to participate, they just refuse to use the Nicolau. Their plan is as transparent as their brains. Set up new committee independent of usapa then claim 9th ruling doesn't apply to them.

 

Can the panel ensure MB is implemented under the present circumstances? Can the panel alter circumstances to ensure MB protections? (Rhetorical questions)

The onus is on the panel until the courts throw another grenade.

 

MB insured the east was represented, east decided to walk away. MB complied with.