AAA EMB190 Arbitration Award

[Bubba Dog]

Just read this on the US Airways section of US Aviation.com that the award gives 2/3's of the slots to the east side. West side will not get any slots until later on. It will be some sort of IOU,something similar to the 757 deal. Please do not not take this as the gospel truth. Have not seen anything official yet.

 

[UALjan15]

I've seen it. That's the basic deal. 95 CA & 95 FO slots to the west side.

 

[TWA Dude]

September 8, 2006

MEC Chairman's Letter to AWA Pilots Regarding E190 Decision

Fellow America West Pilots,

Attached to this letter is a copy of Arbitrator Eischen's decision regarding the E190 flying; the Readers Digest version can be found on page 15. While we are still working to analyze this decision with our merger attorney, I felt that this matter was important enough to immediately forward it on to you.

The decision essentially grants the AWA pilot group no fewer than 95 Captain positions and 95 First Officer positions on the E190 based upon the total expected deliveries of 57 aircraft. The arbitrator also stated that the America West pilots' "fair and equitable" allocation is one third of the allocated slots. The arbitrator also declined to immediately grant the AWA pilots flying status on the E190, but instead pushed the slots into an "IOU" status similar to the B757 LOU.

I think it is important to identify a few salient points of the decision. First, this award shall not affect the seniority integration process that will take place with a different arbitrator under the strict confines of ALPA Merger Policy. Second, while AWA pilots will have to wait until after the seniority and operational integration processes are complete to get these slots, a total number of ninety-five (95) Captain and ninety-five (95) First Officer slots have been reserved for our pilots.

The AWA MEC, through our merger attorney and our witnesses, presented a very well-prepared and compelling case. As it is with all arbitrations, one never knows which way the arbitrator will rule until he rules. It is clear that the arbitrator took a conservative route and did not want to create a complex award and was also concerned about setting any precedent or affecting the arbitration for the final seniority integration.

In closing, I want to say that this award was not expected. As with most arbitrators' decisions, both parties don't get what they wanted or completely expected. I am confident that this MEC will leave no stone unturned in our protection of the AWA pilot group.

Fraternally,

Captain John McIlvenna
AWA MEC Acting Chairman


AWARD OF THE IMPARTIAL ABRITRATOR

• In accordance with the Transition Agreement, the America West pilots’ fair and equitable share shall be one-third (1/3) of the new flying generated by the fifty-seven (57) EMB 190 aircraft to be added to the US Airways Fleet.

• Premised upon staffing of the five (5) captain vacancies and 5 first officer vacancies for each of the 57 new EMB-190 aircraft, the America West pilots shall be entitled to be awarded no fewer than 95 EMB-190 captain vacancies and 95 EMB-190 first officer vacancies in the first bid pursuant to the terms of the combined contract and the merged seniority list. In the event that there are insufficient vacancies in the first bid, the America West pilots shall be entitled to be awarded the remaining vacancies in subsequent bid until at least 95 EMB-190 captain vacancies and 95 EMB-190 first officer vacancies have been awarded to America West pilots.

• This agreement may be presented by either side in the seniority integration process as an agreed upon condition and restriction and shall be subject to the provisions of Section IV.D of the Transition Agreement in the same manner as the provisions of the Transition Agreement itself.

• Jurisdiction is retained for solely for the purpose of resolving any disputes which may arise over the interpretation of application of this award.

Dana Edward Eischen, Impartial Arbitrator
Signed at Spenser, New York, September 5, 2006

 

[TWA Dude]

This means AWA pilots won't be flying E190s until next summer at the soonest. If our joint contract negotiations drag on longer than that so too will our E190 positions. Despite the fact that USAir East argued that West should get only ten CA and FO positions I would say this ruling advantages USAir East pretty nicely. Now that this is done both sides should concentrate on working together and getting our joint contract accomplished.

 

[Swaayze]

Will it really matter in 9-12 months? Seems like a lot of time/money/energy wasted to me.

 

[Bubba Dog]

This means AWA pilots won't be flying E190s until next summer at the soonest. If our joint contract negotiations drag on longer than that so too will our E190 positions. Despite the fact that USAir East argued that West should get only ten CA and FO positions I would say this ruling advantages USAir East pretty nicely. Now that this is done both sides should concentrate on working together and getting our joint contract accomplished.

To give the west side only 1/3 the arbitrator must have used the entire east side seniority list to include the furloughees. This may also be factored into the overall seniority integration next year.

I do agree though that all must pull together now to get the best contract.

 

[abefly]

What do you mean the furloughs will be factored in. Yeah on the very bottom of all the awa pilots. This decision is in no way fair and equitable. Now we know why JR quit.

 

[UALjan15]

Well, the arbitrator certainly took the path of least resistance. While I take no issue with the number of slots, our lack of participation in the flying doesn't sit too well. On the other hand, any plan to insert AWA pilots into the east operation before a combined contract and integrated list was potentially toxic. All of the proposed solutions I heard sounded too convoluted. I understand why the arbitrator did not want to wade into that fracus.

 

[TWA Dude]

Will it really matter in 9-12 months?

Yes.

Seems like a lot of time/money/energy wasted to me.

Which part is a waste?

 

[abefly]

Well, the arbitrator certainly took the path of least resistance. While I take no issue with the number of slots, our lack of participation in the flying doesn't sit too well. On the other hand, any plan to insert AWA pilots into the east operation before a combined contract and integrated list was potentially toxic. All of the proposed solutions I heard sounded too convoluted. I understand why the arbitrator did not want to wade into that fracus.

I agree. I can see how the arbitrator did not want to in any way touch anything to do with senority. But it still isn't fair for the west side.