Guppiedriver
Well-known member
- Joined
- Dec 4, 2001
- Posts
- 544
Wikipedia..... Really?
Oh for crying out loud...it's a copy and paste of the documents that the Company filed with the Arizona District Court. Just to make you feel better, I did a copy and paste from the actual documents.
The Transition Agreement established
a process for integration of the seniority lists – namely, “final and binding” arbitration
between the East Pilots and West Pilots “in accordance with ALPA Merger Policy.” (Sep.
Stmt. [Doc. No. 156-1] at ¶¶ 10-11.) But it also created an obligation on the part of US
Airways to accept the integrated seniority list generated through that agreed-upon process
so long as the specified conditions were met, and it thereby created prospective
substantive rights that inured to the benefit of the pilots and not just process rights. (Doc.
No. 156-1 at ¶ 10.) Once ALPA (as the pilots’ representative) presented the integrated
seniority list to US Airways and US Airways accepted it, if not sooner, those substantive
rights materialized and were not, as USAPA would have it, a mere “tentative agreement
between ALPA and US Airways on a bargaining proposal.” (Doc. No. 152 at 16:27-
17:1.) Thus, even if USAPA’s proffered distinction between “substantive rights” and
“process elements” had support in the RLA jurisprudence, which it does not, the
Transition Agreement undeniably created “substantive rights” with respect to seniority
integration and USAPA inherited that status quo when it replaced ALPA as the pilots’
representative.