Deltoid said:
In regards to your statement:
Its not that simple we did not like the language. You would not know because you're not a Delta pilot.
Although it is true I am not a Delta pilot, believe it or not I have many friends who are, so it happens I've seen the brief. That really isn't important though.
What is important is your statement about not liking the language.
That thought process is what started this exchange between you and I. You didn't "like" my interpretation of the USAir CBA language and you challenged it. I responded and you did not "like" the response, etc. You "liked" your groups interpretation of the language in your contract. You and they and apparently your lawyers, thought you had covered all the bases. You focused on the part you "liked", i.e., the "beyond the control" phrase and your careful definition of control (as illustrated by your 10 valid points) in the contract.
In the process you evidently chose to avoid the FM clause because you didn't "like" it. In any System Board/Arbitration the board is convened because there is a dispute between the parties. When that dispute is a contractual dispute, there is always a disagreement over the meaning of the contractual provisions, i.e., the language.
Each party to the dispute will produce volumes of evidence supporting his view of the language that he "likes" while ignoring the langauge that he does not "like". The arbitrator is burdened by the law and the contract. He cannot indulge in the luxury of subjectively interpreting the often nebulous "intent" or the likes and dislikes of the parties to the duspute. The langauge is black and white and that's where he will go every time. That is exactly what Mr. Bloch did. I've met him and he is a very impartial judge.
We deal with the same concepts in the judicial system. More often than not, justices make decisions that appear to defy logic in the eyes of the public. Sometimes they do make errors, but those errors are mainly procedural mistakes, not errors of law. Most laymen have difficulty accepting the idea that "the law" often appears to be illogical. In reality they just don't understand it.
Your 10 points may all be logical and they may all refute the economic necessity of the furloughs, but that's not what the case was all about. The case was the validity of Force Majeure being used as a tool to void application of certain contractual provisions.
You yourself have acknowledged that FM did exist in the 9-11 tragedy. That provision was available to the company and they elected to use it. The fact that you didn't "like" it or you felt that it was not "fair" is irrelevant. It clearly existed, was provided for contractually and was applied by the Company. The arbitrator's decision was correct.
Your not "liking" the language being the basis of his brief is not relevant. The language was the only reason for the dispute in the first place and had to be the reason for the decision.
As a general rule, when we write contractual language it must be carefully constructed with a view to the probability that one day in the future, that language will become the subject of litigation. Unfortunately, pilot contracts often contain volumes of language that, while well intended, cannot stand the test of litigation. That is why unions lose so many arbitrations. The corporate lawyers that negotiate contracts and agree to their language are not as dumb as we pilots "like" to believe.
A company can't hire on one end and fire on the other and claim its beyond their control.
I find that sentence especially interesting and I am candidly surprised that you would use it. I see your choice as one of convenience (and consistent with the thinking of your MEC and ALPA national).
I argue, that the Company is not hiring on one end and firing on the other. YOUR company is furloughing; and MY company is hiring.
Remember, we are separate companies and we are not operationally integrated. That's not my argument or belief,
it is the argument of your MEC and your union. You have been literally salivating for months over your alleged victory in establishing the separate company farse.
When it was convenient for you to find that our companies were separate from each other, you did so without hesitation ignoring reality in pursuit of a political agenda. Now that you find yourselves being furloughed (which I truly regret) you find the company to be the same and accuse it of hiring on one end and firing on the other. It appears that once again your choice of interpreting language has come back to haunt you.
We tried to tell you that it was a mistake but you did not "like" what we were saying so you blocked out the truth and went with your "likes". That decision will haunt you in many more ways down the road.
I accused your MEC of filing the grievance for political reasons. You have disagreed. Perhaps I am wrong. On the issue of whether the companies are separate or whether they are operationally integrated, I believe that both your union and your MEC have misled you once more. Again, for political reasons. When our case comes to trial we shall see how the law views the language once again.
If the Allegheny/Piedmont pilots can raise the money needed to defend their rights there will be yet another lawsuit. When it is heard, we will learn difinitively what the language of the AAA CBA and LOA 81 really means and whether or not it constitutes a violation of the language in the ALPA Constitution and the Duty of Fair Representation.
While it is only my opinion, this isn't going nearly as well for ALPA as you all would "like" or are being led to believe. They could lose this case and lose it big and they d****d well know it but obviously will never admit it, at least not yet.
Perhaps your MEC, although you admit very silent on this grievance, was not blowing smoke. On the RJDC litigation they definitely are.
In regards to your statement:
All I have to say about dirty laundry is to check the AOL message boards under DELTA and ALPA boards you will see some dirty laundry.
I do check those boards but as you know, they are anonymous. While I can't be certain, I'm pretty sure that most of the messages are not originated by CMR pilots. They come principally from ASA pilots. The rhetoric is inconsistent with the views of most Comair pilots. There are of course exceptions.
As I said earlier, if you don't hear much detail about what actually happens in negotiations (behind the scenes) it is because most line pilots do not know. For political reasons, they don't get that info or detail in most cases. The same is true on every other property. Unless you know one of the negotiators or an MEC officer close enough to have him spill the beans, you won't know what really takes place. That's why it's not out in the public message boards. I have known a lot about this stuff for a long time and that post was the first in which I have said anything like that publicly. You can rest assured that if need be, I can back up what I said, but I still won't do that in a forum like this.
While right now I feel like I'm at war with the union, the truth is I don't want war, I want peace. If I put too much fuel on the fire there won't be much chance of that. We cannot make everything public all the time or nothing at all will function.
Our union is a highly political body and we have to be very prudent about what we say and to whom we say it. I'm very much aware of that. I could go much farther than I have but I won't. I may well have gone too far already.
There are two sides to every story yours and mine and the truth lies somewhere in between.. The truth is out there....
That's a valid comment and I don't disagree. However, let me point out that you made an error. You said "there are two sides to every story" but you listed 3 sides, i.e., yours, mine and the truth. See what I mean about language? It'll get you every time, unless you're extremely cautious. I know very well what you meant, but it is NOT what you said. As a judge, I would have to rule against you.
I'm sure you could catch me in similar mistakes.
Best regards,
Surplus1