Now, why would the Process Agreement be worded in such a way that "all deals are off" if a NEGOTIATED settlement is not reached? Why?
It's not written that way.
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Now, why would the Process Agreement be worded in such a way that "all deals are off" if a NEGOTIATED settlement is not reached? Why?
Good lord, we must be getting close to something. The bickering is getting more focused.
It's not written that way.
In arbitration, past precedent in other arbitration decisions is not binding on future arbitrators, but pretty much every arbitrator still uses it as a guide, because arbitrators don't like to be innovators.
I'm not so sure about your logic PCL. And apparently, neither is your Merger Committee. An ATN buddy of mine sent me your MC update from the last day or so.
It seems the ATN Merger Committee is starting to 'see the light' with respect to the inherent risks in arbitration. PCL clearly disagrees. Maybe that is the source of his 'difference of opinion' with the MC that led to his recall by the MEC. Perhaps the MEC can 'see the light' as well.
From the ATN ALPA Merger Committee Update:
That means arbitrators aren’t bound by examples of other recent cases, and are instead free to shape an award that best fits the unique circumstances of that particular merger. As arbitrator George Nicolau said in his 1990 ISL award in the FedEx-Flying Tigers merger:
“There are four basic lessons to be learned…; Each case turns on its own facts; that the objective is to make the integration fair and equitable; that the proposals advanced by those in contest rarely meet that standard; and that the end result, no matter how crafted, never commands universal acceptance.”
And another thing PCL, despite this thinking, I do believe Nicolau was hired again for other SLI cases.
In 1985, Southwest Airlines bought out Muse Air, making it a subsidiary company, and renaming it to TranStar Airlines. Attempts were made to integrate the Transtar pilots with Southwest Airlines pilots, but in a classic example of misapplied BATNA an integrated seniority list was rejected by the Transtar pilot's association. At its peak, TranStar employed some 900 people and served 14 cities, but by mid 1987 the company was still not making a profit, and operations were ceased.
I'm just saying....................................
In 1985, Southwest Airlines bought out Muse Air, making it a subsidiary company, and renaming it to TranStar Airlines. Attempts were made to integrate the Transtar pilots with Southwest Airlines pilots, but in a classic example of misapplied BATNA an integrated seniority list was rejected by the Transtar pilot's association. At its peak, TranStar employed some 900 people and served 14 cities, but by mid 1987 the company was still not making a profit, and operations were ceased.
I'm just saying....................................