StaySeated
IBT does not represent ME
- Joined
- Nov 27, 2001
- Posts
- 782
I am wondering if this will effect the SWA-Airtran SLI negotiations?
The United States District Court, Eastern District of Wisconsin recently reversed an earlier decision and found in favor of the IBT.
The Midwest Flight Attendants were arguing that they are entitled to seniority integration pursuant to McCaskill-Bond, the IBT argued that they were not covered.
The court agreed with the IBT based upon the fact that the RAH acquisition of Midwest, according to the court, was not a covered transaction.
"Accordingly, McCaskill-Bond implicitly incorporates the CAB’s corresponding definition of a “merger” as “joint action by the two carriers whereby they unify, consolidate, merge, coordinate or pool in whole or in part their separate airline facilities or any of the operations or services previously
performed by them through such separate facilities.”
So, the FA's get shafted and have to start over as new-hires. I can only imagine what the IBT has in store for the Midwest pilots.
The irony of the situation is the fact that the Midwest pilots just participated in the SLI arbitration. That very arbitration was based upon Section 3 of Allegheny Mowhawk, "the "seniority integration" Labor Protective Provision and the only substantive LPP adopted by McCaskill-Bond."
So the Midwest pilots were covered by A-M and M-B, but the FA's are not? That seems odd.
The only reason I mention SWA-Airtran is leverage. SWAPA just gained some more.
When does the link between "merger" and "acquisition" end?
The IBT argued, successfully in this case, that a "covered transaction" only includes two or more "covered air carriers". They specifically mentioned the fact that RAH, a holding company, acquired Midwest LLC, another holding company. Neither of which are a covered air carrier.
Seems like a complete stretch to me, but at least one court bought it and swallowed the hook.
The United States District Court, Eastern District of Wisconsin recently reversed an earlier decision and found in favor of the IBT.
The Midwest Flight Attendants were arguing that they are entitled to seniority integration pursuant to McCaskill-Bond, the IBT argued that they were not covered.
The court agreed with the IBT based upon the fact that the RAH acquisition of Midwest, according to the court, was not a covered transaction.
"Accordingly, McCaskill-Bond implicitly incorporates the CAB’s corresponding definition of a “merger” as “joint action by the two carriers whereby they unify, consolidate, merge, coordinate or pool in whole or in part their separate airline facilities or any of the operations or services previously
performed by them through such separate facilities.”
So, the FA's get shafted and have to start over as new-hires. I can only imagine what the IBT has in store for the Midwest pilots.
The irony of the situation is the fact that the Midwest pilots just participated in the SLI arbitration. That very arbitration was based upon Section 3 of Allegheny Mowhawk, "the "seniority integration" Labor Protective Provision and the only substantive LPP adopted by McCaskill-Bond."
So the Midwest pilots were covered by A-M and M-B, but the FA's are not? That seems odd.
The only reason I mention SWA-Airtran is leverage. SWAPA just gained some more.
When does the link between "merger" and "acquisition" end?
The IBT argued, successfully in this case, that a "covered transaction" only includes two or more "covered air carriers". They specifically mentioned the fact that RAH, a holding company, acquired Midwest LLC, another holding company. Neither of which are a covered air carrier.
Seems like a complete stretch to me, but at least one court bought it and swallowed the hook.
