Quote:
Originally Posted by RedeyeAV8r
First off, it wasn't an ALPA brokered deal. It was an agreement for Binding Arbitration between two groups: The Pilot's of the former America West (USAir West) and the Pilots of the former USAirways AAA (USAir East). Each MEC was fighting and fending for itself. ALPA National couldn't take sides since both groups were ALPA.
There is a Big difference between Mediation and Binding Arbitration.
And when you are speaking of the Law, it doesn't matter if a law is ""right just or Fair" The law is the law.
I ain't no lawyer, Maybe Vagabond will chime in here and add her 2 cents ??
When both sides or groups covered by a Collective Bargined agreement agree to Binding Arbitration, what theyare saying is We will never come to a negotiated ending, therefore we agree to put our lives in the hands of a Nuetral Arbritrator (who is for all practicle purposes a Judge) and we agree to abide by the the his/her decision. Basically you put all your cards on the table and hope for the best. There is No negotiation or ammending once the decision is made.
It is legal and the arbitrator's decision becomes Law. The end result might not be Fair, just or right but the decsion is final.
Of course anything can be appealed especially if you have a large check book to pay legal fees.
Bottom line don't agree to Binding arbitration if you can't live with the decsion.
Redeye, you are essentially correct.
Arbitration and mediation are different forms of Alternative Dispute Resolution (ADR). In mediation, a neutral mediator helps opposing parties to craft a solution to their problems. The parties themselves determine the elements of the agreement with the mediator serving in the role of go-between.
Arbitration, however, is quite a bit different. It is almost like litigation where the parties go at it and the arbitrator serves as a judge. Most arbitration is binding in that the decision of the arbitrator is accepted by the parties. There are many arbitration that is non-binding; it depends on the contract terms. The "loser" can appeal, but usually only on procedural grounds such as the arbitrator did something he should not have done.
The effect of arbitration can be serious and have a deep, penetrating impact. Just ask the Alaska pilot group what happened to them a few years ago. In all my years as a lawyer, I do not often see such a devastating result, and all the pilots could do was take it. The company took full advantage of this favorable decision and it does not appear the pilots will ever get back to status quo of 2005.
Despite its many disadvantages, it is still cheaper than litigation, that's why it is so widely used and touted. I have been on both sides of the bench and can confirm that if you can avoid litigation, you should.