I think this is what he meant, but somebody please correct me if I'm wrong...If the mediator declares that the two sides are at an impass then a thirty day cooling off period begins, at the end of which, the company can impose whatever work rules they like and we are released to "self help".
What Allen was trying to get to was that, under the current language, the company doesn't HAVE to merge the pilot groups at all, which is COMPLETELY untrue. He's completely ignoring the AWA/UAir precedent (more later).
Section 1.E. Merger Protection:
In the event of a merger between the Company and another Air Carrier, where the surviving air carrier decides to integrate the pre-merger operations, the following procedures will apply:
What Allen is trying to sell you is that, under the current CBA, the company doesn't HAVE to merge them at all if they so choose. Untrue. More on this later.
Also, you'll hear a lot about "We could have the Midwest contract imposed on us". Untrue. Read the bold section again: "the SURVIVING air carrier". Unless they want to start calling us Midwest, move corporate ops to MKE, and put Hoeksema in the driver's seat, the company is going to have a hard time proving that AirTran isn't the surviving air carrier.
They CANNOT impose the Midwest contract on us. Period.
The 2nd thing you mentioned is being able to seek "self-help". This is precluded by sub-section (c) in the same section.
Section 1.E(c)
Discussion related to any merger shall not be pursuant to Section 6 of the RLA and, reaching an agreement with the Association shall not be a prerequisite for closing, or any other aspect of the transaction, or operations pursuant to the transaction.
Plain English:
Point 1. No release into self-help can come from a failure to reach an agreement with the company. More on this later
Point 2. The company doesn't have to have an integration solution in place in order to finalize the Midwest deal or even start operating them as AirTran.
Here's what will happen if the deal goes through:
Section E.1.(a) - The company will provide for the integration of the two pilot groups in a fair and equitable manner, including, where applicable, agreement through collective bargaining between the Air Carrier (Midwest) and the representative or representatives of the pilot groups (both airlines) involved.
We work it out through our M&A committee and the company has the right to veto or sign off on it. The current word coming from the committee is that as long as it doesn't pose a huge increase in training costs, the company doesn't really care as long as the airplanes keep flying.
If we can't agree, it goes to binding arbitration per Allegheny-Mohawk:
Section E.1.(b) In the event of a failure to agree pursuant to paragraph (a) above, the dispute may be resolved in accordance with Section 13 of the Allegheny-Mohawk Labor Protective Provisions, except that the integration of the seniority lists of the respective pilot groups may be governed by Association merger policy IF both pre-transaction pilot groups are represented by the Association.
So, since both groups are, pre-merger, NOT represented by the NPA, seniority as well as everything else goes to Arbitration.
Notes: These are important:
1. Allegheny-Mohawk REQUIRES that two groups cannot be maintained separately for operational purposes, so the company MUST combine them one way or the other, either through Arbitration or mutual agreement, but they WILL be merged.
2. And this one is the REAL kicker and why you should not be worried about our current merger language, or lack thereof, in the current CBA: the ONLY way the company can keep the two operations separate is NOT to combine them under one airline name.
In the AWA/UAir merger, they initially proposed just that, and the Feds came down on them like a hammer and said "No company can run two operating certificates under one name. Pick one and merge them." Period.
The NPA is touting that the new CBA requires the company to integrate the operations within 18 months (that's the number I'm getting), including integration of seniority lists. Why did they give up negotiating capital for this since the Federal Government requires it anyway? It's a useless addition to the contract.
3. IF YOU GET NOTHING OUT OF THIS LONG POST (sorry), TAKE THIS WITH YOU:
THE NEW LANGUAGE DOES NOT BIND THE HOLDING COMPANY.
Who do you think is buying Midwest? AirTran Airways? Nope. The Holding company is doing it all. The question was posed if the side letter for scope binding holdings covers this merger policy as well. The answer was side-stepped and repeated requests for clarification have met with silence.
The new language doesn't help us if the company wants to side-step it, because we don't have anything that binds the holding company which is the entity actually making this transaction. Therefore there are ZERO improvements in Merger language that we don't already have or that we can legally bind the company with.
Sorry so long-winded.