Wow! Crzi, you've had quite a busy afternoon. Allow me to respond.
ALPA (notice how I capitalized it, it's an abbreviation) does have the ability to reject an arbitrated seniority award if it can be shown the award was achieved in an illegal manner, then Yes it can be thrown out. You may recall the East immediately challenged the award and found there were no improprieties in the way it was done. They found Nic met *ALL* of his requirements. As such: *ALPA could NOT reject the award*. Sadly, that jackass of an ALPA president tried to interfere with the award. That was completely outside of his authority and he had NO right to attempt to convince the West to return and use the Nic as a "West opening position". That is the reason there IS a defined merger process. So nobody can say "I personally don't like the outcome so it isn't binding. Had you Easties not thrown them out, we would have destroyed ALPA in Court.
Nice cheap shot with Republic. Classy. Let's move passed that. Use your head, genius. If the West had "stolen" 24% of your flying, they'd have had to HIRE pilots instead of furloughing nearly 2x the number you did...and you're 2x the size of the West.
At least try to make shooting down your USAPA propaganda interesting. What other garbage can you come up with.
Ok let's talk genius here. I'll take the easy one first. The 24% flying and having to hire. Uhmmmmmmmm.....wow. I guess they didn't pull LAS down? I guess the company wasn't found in violation of min. block hours, which you received via the t/a, sorta like a mirror clause that's in our crappy contract. I guess, if they didn't pull down LAS and took our 24% they would have had to hire pilots. BUT with the economy, flashing down the tubes (kinda reminds ya of '01-03?) LAS took the hit with the leisure flyers slacking off.
Now the other part.
first off....you made some valiant points. Though can you find a statement such as this: (just replace Kagel with the NIC and date)
The Pilots' System Seniority List, as established by the Award of Arbitrator S. Kagel dated October 31, 1988, shall constitute the official Pilots' System
Seniority List.
You see, I have a feeling a statement such as this, in a binding contract between two parties is what would memorialize a seniority list. Now if you can bring that statement forward in some contract somewhere, I guess I'd have to agree the NIC isn't dead.
Your right, we kicked ALPA out, for a myriad of reasons (which you guys still don't accept or listen to) and that also went with them, their crappy limp (*e4 merger policy. Don't have that limp thing in front of me, so I can't specifically state what it does state, either way, obviously there was something wrong with this award if the lawyers and etc were negotiating negotiating (and probably behind the scenes trying to figure out the best damage control to keep those dues checks coming) Lo and behold, dumb alpa dropped it and lost a chunk of themselves.
there was an internal alpa agreement to go through there merger policy process and see what happened. If both would have stayed alpa, then your right, nic would be it. But with alpa gone, nic is something for alpa to use in it's future alpa/alpa mergers. I believe some of your advisors and lawyers commented on such things to you guys, and maybe even now your current lawyer might be realizing as such.
The republic comment wasn't supposed to be a cheap shot, just a view of the current reality. That guy over there has already taken over two smaller airlines... So if you look at the size you would have shrunk to, add in a little more cash, he probably could have bypassed frontier and midwest, and bought you guys..... That's all I'm saying.
