Excerpts from the revised ALPA Merger and Fragmentation Policy (circa 2009):
· Integration of seniority lists is one step in the entire merger process; the merger is one transaction, consisting of the seniority integration process, the contract negotiation process, the ratification process, andthe transition process (both as to the carriers and ALPA governance), all leading to a single pilot group and MEC.
and,
The policy provides for its implementation using either of two methods.
Under one method, the involved MECs may determine “at any time” (Part 2B 2) that it is in the best interests of their flight deck crew members to enter into agreements which provide for an alternative process for seniority integration, negotiating a JCBA or both. If this determination is made, with the approval of the President, the MECs have wide latitude to fashion their own process, subject only to meeting certain fundamental requirements of policy (Parts 2B 2 and 2C 1).
This feature of the policy provides the MECs with the flexibility to deal with their particular situation. It is also important that these policy provisions enable MECs to make these agreements “at any time,” even before there is a “merger” as defined by policy, so that cooperating MECs can be involved in a potential merger at an early stage.
Under the second method, if there is a “merger” as defined by policy and the MECs do not enter into agreements which provide for an alternative process for seniority integration and negotiating a JCBA, the policy is implemented through a “Process Implementation Date” (PID). The policy calls for the PID to be established on the earlier of the date on which the Executive Council, in its judgment, determines there is a merger or the date on which the President agrees with the determination of all involved MECs that there is a merger (Part 2B 3).
and,
Many years of experience call for a seniority integration policy based on the following principles:
1. This policy calls for fair and equitable integration of seniority lists, but aside from the specific requirements embodied in policy, what appears to be “fair and equitable” typically differs depending upon the eyes of the beholder and it may be difficult to reach a consensus or there may be no consensus on what is “fair and equitable.”
2. The merger representatives are strongly encouraged to consider themselves primarily as negotiators charged with reaching agreement, to use negotiating skills and to make a strong and focused effort to reach agreement through negotiations or mediation, without invoking arbitration.
3. The merger representatives for the pilot groups bear responsibility for the integrated seniority list, with ALPA having no position on the merits.
4. The merger representatives should recognize the difficulty of forecasting what will occur well into the future.
5. ALPA’s role through this policy is solely to provide the process by which the pilot groups conclude the integrated seniority list for presentation to management, using arbitration if necessary, together with the opportunity for MECs to agree on alternative processes that meet their own needs.
6. If agreement cannot be reached, final and binding arbitration is mandated by this policy on unresolved issues. Each pilot group must recognize that the arbitration process involves the assumption of very substantial risk to the interests of the pilot group, since there is no means of predicting the outcome.
and,
The merger representatives shall carefully weigh all the equities inherent in their merger situation. In joint session, the merger representatives should attempt to match equities to various methods of integration until a fair and equitable integrated seniority list is reached. Factors to be considered in constructing a fair and equitable integrated seniority list, in no particular order and with no particular weight, shall include but not be limited to the following:
§ Career expectations.
§ Longevity.
§ Status and category.
f. No integrated seniority list shall be subject to MEC or membership ratification.
g. It is recommended that outside legal counsel not participate in direct negotiations.