The Westies at USAir win a seat at the SLI table! Yesss!

[General Lee]

From an APC thread:


"Determination of the Merits

Based on the entire record and arguments of the parties, the Board finds that APA has the discretion to designate a West Pilots Merger Committee to participate in the seniority Integration List (SLI) process, and that it should do so.

Of course, USAPA wishes the issue to center on the West Pilots right to be part of the SLI process because it believes that the West Pilots do not have such an independent right. This is exactly what the court said in Addington III; that only the certified and exclusive bargaining representative has the right to appoint Merger Committees to participate in the SLI process.

Based on the courts decision in Addington III, one could argue that the West Pilots do not have an independent right to take part in the SLI process. The Preliminary Arbitration Board takes no position with respect to this particular matter, as it is currently being appealed to the 9th Circuit Court of Appeals.

What is clear from Addington III, however, is that the certified representative of all bargaining unit employees is vested with the authority to control the SLI process and to designate the participants in the SLI process.

At the time of the Addington III decision, USAPA was the designated representative of all Company (US Airways) bargaining unit members, it should be noted. In this role, USAPA did not wish to appoint a West Pilots Merger Committee to participate in the SLI process, insisting that control over who is involved in SLI negotiations is reserved exclusively for the certified bargaining unit representative.

Since APA became certified by the NMB as bargaining unit representative for the single carrier, it now has the inherent discretion to determine whom it wishes to participate in the SLI process. Following USAPAs decertification, it is no longer the bargaining unit representative of any Company employees.

While the Board makes no finding as to the legal status of USAPA and its right to independently participate in the SLI process as the pre-merger representative of US Airways Pilots, the Board notes that USAPA owes no duty of fair representation to any employee group.

The Board dismisses USAPAs argument that it - as the pre-merger representative of all US Airways pilots has the full authority to represent all former US Airways pilots and has the sole discretion to allow or not a West Pilots Merger Committee to participate in the SLI process. This argument is unconvincing and runs contrary to the NMBs determination that APA is the representative of all Company pilots (both US Airways and American Airlines).
As the sole and exclusive bargaining representative of all Company pilots, only APA has the authority to choose which merger committees may participate in the SLI process. This comports with the exclusive representation concept; that is, multiple unions cannot represent the same bargaining unit members. It is simply not possible for USAPA to represent all US Airways Pilots when those same employees are currently represented by APA.

USAPA, the Board finds, has neither obligations nor responsibilities to any bargaining unit members, including even the East Pilot seniority list grouping. What is clear, though, is that USAPA does not represent the West Pilot seniority list grouping and does not have a duty of fair representation to that group of employees.

Moreover, USAPA does not have the authority to prevent the West Pilots from participating in the SLI process at the invitation of APA, the sole and exclusive bargaining unit representative.

The Board is satisfied that APA is permitted to designate a West Pilots Merger Committee to take part in the SLI process. As the sole representative of all Company pilots, APA has the authority to appoint merger committees to represent the interests of pilots in the SLI process. Not only does APA have the authority to appoint a West Pilots Merger Committee, the Board believes that doing so is appropriate and warranted in the instant case.

The Board finds that APAs designation of a separate West Pilots Merger Committee is consistent with its duty of fair representation to all pilot employees and is fair and equitable as required under McCaskill Bond. APAs duty of fair representation obligation makes it accountable to its entire membership, including minority interests such as the West Pilots.

In this case, APA has determined that the interests of all pilot seniority list groups should be represented in the SLI negotiations. The Board notes that there are three such groups of pilots within the newly merged Company - East Pilots, West Pilots, and legacy American Pilots. Each pilot group is on a separate seniority list and, therefore, has a distinct interest regarding the integration of those seniority lists.

By including an American Airlines PSIC Merger Committee, a USAPA Merger Committee and a West Pilots Merger Committee, APA is trying to establish a full and fair process whereby all three pilot groups have their say in the SLI process.
The Board believes that APAs comprehensive efforts to include all pilot groups in the SLI process meet its duty of fair representation obligations. Appointing a West Pilots Merger Committee will ensure that the interests of all pilots will be properly represented during the SLI negotiations. There is no evidence that such a process is biased in favor of one single pilot group over any other.

Given the history of intransigence and hostility between USAPA and the West Pilots, it is far from clear that USAPA could or would adequately represent the interests of the West pilots. The fact that USAPA's very constitution contains a provision stating that only date of hire principles is acceptable in any SLI process is simply one of several considerations supporting this conclusion.

Designating separate merger committees for USAPA (East Pilots) and the West Pilots is not only reasonable, but is also desirable to ensure that both pilot groups have their interests properly represented in the SLI negotiations. The Board sees no convincing basis on which to conclude that the designation of a West Pilots Merger Committee would prejudice or discriminate against the East Pilots, as USAPA claims.

To the contrary, designating a West Pilots Merger Committee merely means that West Pilots would have the same opportunity to promote their case as the East Pilots. Allowing a West Pilots Merger Committee to participate in the seniority integration process would ensure that the distinct minority interests of the West Pilots will be properly represented.

For all the foregoing reasons, the Board concludes that APAs designation of a West Pilots Merger Committee is consistent with the Protocol and MOU; is consistent with the MacKaskill-Bond requirement that the SLI process be fair and equitable; is a proper and reasonable exercise of its discretion; and is fully consistent with APAs duty of fair representation to all Company pilots. Indeed, in this particular case, the Board concludes that fairness and equity demand the appointment of a West Pilot Merger Committee to participate in the SLI process.

The Board notes that pursuant to Paragraph 8(b) of the Protocol Agreement, [T]he Preliminary Arbitration Board shall issue an order granting or denying any such requests that APA designate the requested CommitteeThe order shall be final and binding on APA and USAPA, American and US Airwaysand all of the pilots of American and US Airways.


ORDER

The Board orders APA to designate the West Pilots Merger Committee as

a full participant in the seniority integration process."





Wow! The arbitration board slammed the Easties a bunch. I hope the Westies ask for the NIC award at the next hearing with the other two parties. Fannnntastic!



Bye Bye---General Lee

 

[PCL_128]

It was a pretty severe slap to the East. It's not all roses for the Westies, though. The Board clearly considers there to still be three separate lists rather than two. That implies that they don't consider the Nic to be inviolable.

 

[General Lee]

It was a pretty severe slap to the East. It's not all roses for the Westies, though. The Board clearly considers there to still be three separate lists rather than two. That implies that they don't consider the Nic to be inviolable.

True, but the Westies can now ask the next board for the NIC award, and it's up to the new board to decide if their peer (Nicolau) was WRONG. Doing so would go against any arbitrated rulings of the past. Very unlikely. I'm sure the board will ask the Easties all about it, and they will squirm.

Overall, the Westies may not get the NIC award in total, but now they will do a lot better than being on the bottom of the East list, and all third listers should be placed below the Westies now. Those current third list Captains and junior Easties that have enjoyed upgrades in the East while Westies have been stuck in PHX will soon get a lesson in true seniority.



Bye Bye---General Lee

 

[Green]

Standby for 15+ years of Easties claiming they were screwed by yet another senile arbitrator. Hopefully they don't use the NIC. They should use a NIC on steroids list to compensate the West for years of ill gotten gains on the East. Maybe staple all east pilots below the bottom west guy and then merge that list with AA :uzi:

 

[eaglesview]

Standby for 15+ years of Easties claiming they were screwed by yet another senile arbitrator. Hopefully they don't use the NIC. They should use a NIC on steroids list to compensate the West for years of ill gotten gains on the East. Maybe staple all east pilots below the bottom west guy and then merge that list with AA :uzi:

If your statement were true, which it's not, then the East gets exactly what they wanted all along, their attrition. The fact is the Nic was never completed as the final step was a joint contract. Now we all know why that didn't happen but the fact is it didn't happen. Facts are facts.

As was mentioned above the arbitragers specifically mention three separate lists which would be why the west got a seat.

 

[Green]

You seem to be heavily invested in the East prevailing. Wonder why. Here is a very telling exchange from the preliminary arbitration hearing. Freund is the West attorney and the East MC chairman (Jess Pauley) is the individual listed as "witness." The fact that the arbitrated award has not yet been implemented does not mean it is no longer applicable. It's just a matter of time.

ARBITRATOR JAVITS: Well, as I understand
15 it, the questions go to who has the authority to
16 propose a list.
17 MR. FREUND: Exactly.
18 ARBITRATOR JAVITS: And your questions go
19 to does the USAPA Merger Committee have the
20 authority in negotiations, in mediation, and then
21 before the seniority list integration arbitrators,
22 do they have the authority to propose a list
MR. FREUND: They clearly would have the
2 authority.
3 ARBITRATOR JAVITS: And may they at one
4 point actually have to propose a given list.
5 MR. FREUND: Absolutely.
6 ARBITRATOR JAVITS: And then your second
7 line of questions was would that list include both
8 West and East pilots.
9 MR. FREUND: Correct, in a particular
10 order.
11 ARBITRATOR JAVITS: Yeah. Now, with
12 regard to that process, how do you see that?
13 You see your committee actually in
14 negotiations, mediation, and going before the SLI
15 Board, making proposals which include both East and
16 West pilots?
17 And when I say proposals, I mean, Here's a
18 proposed list.
19 THE WITNESS: Certainly, it will
incorporate, but there's other avenues that have
21 been proposed in other arbitrations before the
22 panels in terms of ordering seniority lists.
1 Some of them have been a dynamic list, for
2 instance, where the three separate lists in this
3 case will remain independent.
And as each pilot on that independent list
5 attrits through aging out, as they get to age 65 or
6 mandatory retirement, one pilot will leave that list
7 and another pilot would move up. And they would
8 just -- they would stay ordered amongst themselves,
9 and so you would have an East list and a West list
10 and an American list.
11 These lists, in that theory, could
12 independently work amongst themselves to be on a
13 master list, but people would move up based on their
14 prior rights.
15 So to say that they're locked in -- and
16 he's trying to get me to say that once that list is
17 established, forever and always, that they would
18 never move throughout the proposal and seniority
19 integration negotiation.
There's room for that movement is what I'm
21 saying.
22 So if we went in, we would have a proposal
that established a list, but I'm not saying that
2 that would be the final end of it. That they could
3 not move throughout the process.
4 ARBITRATOR JAVITS: All right. But the
5 list that you would propose in negotiations,
6 mediation, and before the SLI would have both East
7 and West pilots in it.
8 THE WITNESS: Yes. It would have all
9 15,000 pilots.
10 ARBITRATOR JAVITS: And whether it has got
11 a dynamic jumping system or not, it would be --
12 THE WITNESS: True.
13 It would include all pilots.
14 ARBITRATOR JAVITS: It would include all
15 your pilots and the American pilots. So it would
16 include everybody.
17 Is that right?
18 THE WITNESS: Yes.
19 ARBITRATOR JAVITS: All three lists.
20 I guess the gravamen of the questions is
21 are you then putting yourself in the place of
22 Nicolau, are you the new Nicolau because you are
1 proposing a list which may not reflect Nicolau's
2 list?
3 THE WITNESS: No, certainly not.
We are trying to establish the seniority
5 integration for this new process for US Airways
6 pilots.
7 And American has nothing to do with that.
8 ARBITRATOR JAVITS: But in that process,
9 you are presenting lists which combine both East and
10 West pilots and American.
11 THE WITNESS: And American pilots, yes.
12 ARBITRATOR JAVITS: And American pilots.
13 And, therefore, you're making a proposal,
14 which may be different than what Nicolau had in mind
15 and issued back in '07.
16 THE WITNESS: Yes.
17 It would be a different order.
18 ARBITRATOR JAVITS: It would be different.
19 THE WITNESS: It would be different.
20 ARBITRATOR JAVITS: All right.
21 MR. FREUND: Thank you.
22 You ask much better questions than I do.

 

[St. Nic]

This illegal ruling violates MB law and Judge Silver. The west is not a class and cannot represent themselves. This ruling will be overturned in the courts. Get ready for another ten years of seperate ops and the west suing every body!

 

[Green]

LOL....The high priced company lawyers, APA lawyers, West Lawyers, and a team of arbitrators disagree with you. But if it makes you feel better then keep repeating that. :crying:

 

[General Lee]

This illegal ruling violates MB law and Judge Silver. The west is not a class and cannot represent themselves. This ruling will be overturned in the courts. Get ready for another ten years of seperate ops and the west suing every body!

Ahahahahaha! Hilarious.


Bye Bye---General Lee

 

[Green]

http://archive.azcentral.com/arizon...4/26/20090426biz-usairwayspilots0426side.html

His name is a household name, often used in vain, in the pilot ranks at US Airways.

George Nicolau, an 84-year-old New York attorney best known for his longtime role as Major League Baseball's arbitrator, is the federal arbitrator who two years ago issued the merged seniority list that bitterly divided the 5,000 pilots of the former America West Airlines and the old US Airways.

The list is the unofficial centerpiece of a trial that begins in federal court in Phoenix Tuesday, pitting the two pilot groups against each other four years after the merger was announced.


Nicolau won't be there and says he doesn't even know what the lawsuit is about.

But he says he does know this: The list was fair.

In the decision, he rejected US Airways pilots' requests for a seniority system based on date of hire, which would have strongly favored them given America West's younger age. He also weighed the career expectations of both sides and concluded that the financial future of US Airways was "not comparable to or as bright as that of America West" at the time of the merger.

He came up with a blended seniority list that put several hundred of US Airways' most senior pilots, those flying the prized international flights, at the top and ranked the rest according to a ratio based on their status at the time of the merger. US Airways pilots on furlough at the time of the merger were put at the bottom, a major sore point. One of two pilots from outside America West/US Airways on the panel issued a dissenting opinion on that point but otherwise praised Nicolau's rationale.

"I still believe it's the right one," Nicolau said of the list.

He was the only voting member of a three-member Air Line Pilots Association arbitration board that heard the case in late 2006.

Nicolau said there were plenty of "fusses" about some of his Major League Baseball decisions, but none lingered as long as the US Airways decision.