I don’t know if he is joking but he is certainly wrong. What happens when two pilot groups merge depends on whom, or who doesn’t represent them.
-If both pilot groups are ALPA properties, ALPA merger policy will apply. That policy essentially states the merged seniority list will be fair and do the least harm to each individual pilot. The two groups will negotiate with each other to reach that end. If they cannot reach an agreement they will use binding Arbitration. An example of how this was done successfully is NWA/Republic in the 80’s and NWA/Delta now. The key aspect of this process is the larger group cannot use its numbers to take advantage of the smaller group.
-If one pilot group is unionized and one isn’t Federal law requires the use of the ‘Allegheny-Mohawk’ process for the merger. This refers to the process used prior to airline deregulation in the 70’s. In those years the Civil Aeronautics Board determined how the merger would be done. If one of the pilot groups is relatively small compared to the other it will simply be absorbed (stapled) to the other.
-If the two pilot groups are represented by different unions the short answer is the larger of the two, if big enough, will write the rules however it wants. The process to get there is complicated/convoluted but that will be the end result. Examples of this are AMR/TWA and AMR/Reno.
Actually, if you have a merger of pilot groups represented by different unions, then Allegheny-Mohawk Labor Protection Provisions 3 and 13 apply. It essentially says that you must have a "fair and equitable" merger and if there is disagreement you do to mediation and ultimately binding arbitration. The negotiations would be between the two unions.
If the merger is of one union pilot group and another non-union group, the same as above applies except that management would represent the non-union group in negotiations.
If two ALPA groups merge, they can mutually agree to their own negotiation rules or they can use ALPA merger policy which is essentially the same as Allegheny-Mohawk. Meaning that it has to be fair and equitable but also keeping in mind the following goals, in no particular order:
a. Preserve jobs.
b. Avoid windfalls to either group at the expense of the other.
c. Maintain or improve pre-merger pay and standard of living.
d. Maintain or improve pre-merger pilot status.
e. Minimize detrimental changes to career expectations
ALPA Merger And Fragmentation Policy
http://www.skywestalpa.org/documents/ALPA_Merger_Fragmentation_Policy.pdf
In none of the instances is a staple job the final outcome unless the two groups agree that that is in fact "fair and equitable."
References
Consolidated Appropriations Act, 2008
SEC. 117. LABOR INTEGRATION. (a) LABOR INTEGRATION- With respect to any covered transaction involving two or more covered air carriers that results in the combination of crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered employees of the covered air carriers; except that--
- (1) if the same collective bargaining agent represents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent's internal policies regarding integration, if any, will not be affected by and will supersede the requirements of this section; and
(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement, so long as those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.
(b) DEFINITIONS- In this section, the following definitions apply:
- (1) AIR CARRIER- The term `air carrier' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.
(2) COVERED AIR CARRIER- The term `covered air carrier' means an air carrier that is involved in a covered transaction.
(3) COVERED EMPLOYEE- The term `covered employee' means an employee who--
- (A) is not a temporary employee; and
(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).
(4) COVERED TRANSACTION- The term `covered transaction' means--
- (A) a transaction for the combination of multiple air carriers into a single air carrier; and which
(B) involves the transfer of ownership or control of--
- (i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or
(ii) 50 percent or more (by value) of the assets of the air carrier.
(c) APPLICATION- This section shall not apply to any covered transaction involving a covered air carrier that took place before the date of enactment of this Act.
(d) EFFECTIVENESS OF PROVISION- This section shall become effective on the date of enactment of this Act and shall continue in effect in fiscal years after fiscal year 2008.
http://www.thomas.gov/cgi-bin/query/F?c110:8:./temp/~c110JBN0k9:e685:
Allegheny-Mohawk Labor Protection Provisions Section 3 & 13
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Section 3. Insofar as the merger affects the seniority rights of the carriers employees, provisions shall be made for the integration of seniority lists in a fair and equitable manner, including, where applicable, agreement through collective bargaining between the carriers and the representatives of the employees affected. In the event of failure to agree, the dispute may be submitted by either party for adjustment in accordance with section 13.
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Section 13. (a) In the event that any dispute or controversy (except as to matters arising under section 9) arises with respect to the protections provided herein which cannot be settle by the parties within 20 days after the controversy arises, it may be referred by any party to an arbitrator selected from a panel of seven names furnished by the National Mediation Board for consideration and determination. The parties shall select the arbitrator from such panel by alternatively striking names until only one remains, and he shall serve as arbitrator. Expedited hearings and decisions will be expected, and a decision shall be rendered within 90 days after the controversy arises, unless an extension of time it is mutually agreeable to all parties. The salary and expenses of the arbitrator shall be borne equally by the carrier and (i) the organization or organizations representing employee or employees or (ii) if unrepresented, the employee or employees or group or groups of employees. The decision of the arbitrator shall be final and binding on the parties.[/FONT][/FONT][/FONT]
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(b.) The above condition shall not apply if the parties by mutual agreement determine that an alternative method for dispute settlement or an alternative procedure for selection of an arbitrator is appropriate in their particular dispute. No party shall be excused from complying with the above condition by reason of having suggested an alternative method or procedure unless and until that alternative method or procedure shall have been agreed to by all parties.[/FONT][/FONT][/FONT]
http://www.nwaflightattendants.com/Allegheny Mohawk LPPs.htm
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