Goodbye usapa!!!!!!

[Guppiedriver]

Not quite. That part of the ruling was just her discussion about how she reached her decision. The only part that is "law" is the part at the end. But she certainly handed the APA a great argument on a silver platter.

Apparently, the APA thinks it's the law.



Petition for Single-Carrier Status

Your APA leadership has received several inquiries from members regarding our filing of a petition for single-carrier status with the National Mediation Board (NMB) earlier this week. Some members have also read the update that the US Airline Pilots Association (USAPA) issued yesterday, which characterized the filing as "premature" and asserted that a single-carrier filing would be timely only after an integrated seniority list is completed.
To be clear, APA's filing complies with the Memorandum of Understanding (MOU) mutually agreed to by American Airlines, US Airways, APA and USAPA. The MOU stipulates the following:

APA shall file a single carrier petition with the NMB as soon as practicable after the Effective Date, when APA determines that the facts support the legal requirements for the filing of a petition but in no event later than four months after the Effective Date.
​

The term "Effective Date" refers to the date of the merger between American Airlines and US Airways, which was Dec. 9, 2013.
Consistent with that provision of the MOU and based on information American Airlines filed with the NMB last week, APA determined that the facts support the legal requirements for the filing of a petition. The completion of an integrated seniority list is not a mandatory pre-condition for a single-carrier finding by the NMB. Actually, in the vast majority of significant airline mergers, the NMB has found a single carrier before the completion of seniority integration.

The USAPA update also asserted that "the McCaskill-Bond Amendment contemplates the continued independent representation of each pre-merger bargaining unit throughout the process of seniority integration." This statement suggests that USAPA would continue to serve in its current capacity even after the NMB certifies a single bargaining representative. However, as Judge Silver notes in her Jan. 10 decision in the Addington case, "when USAPA is no longer the certified representative, it must immediately stop participating in the seniority integration."

The APA Seniority Integration Committee will continue to pursue the negotiation of a seniority integration protocol with USAPA and American Airlines, as required by the MOU. This protocol will establish the rules of engagement for APA and USAPA going forward.

APA will provide updates as appropriate during what will likely be a lengthy and complex seniority integration process.

 

[PCL_128]

Apparently, the APA thinks it's the law.

Nowhere in that update does the APA say any such thing.

 

[ALGFLYR]

Apparently, the APA thinks it's the law.

I don't think the APA thinks it Law. But it is an interesting position for them to take. Silver obviously didn't understand the RLA, but she took a quick course and got her ruling right. I still think she is unclear on a few things. Anyway, allow me to highlight a part of your post you didn't put in bold:

"The APA Seniority Integration Committee will continue to pursue the negotiation of a seniority integration protocol with USAPA and American Airlines, as required by the MOU. This protocol will establish the rules of engagement for APA and USAPA going forward."

I think you will find the "protocol" established will remove USAPA from their representational role for the US Airways pilots in everything except the SLI once single carrier status is granted. That's why USAPA is in DFW as we speak...

 

[Guppiedriver]

Nowhere in that update does the APA say any such thing.

Yep, you're right, but why would they quote Judge Silver if they didn't think her opinion was in fact the law in our case?

 

[Guppiedriver]

I don't think the APA thinks it Law. But it is an interesting position for them to take. Silver obviously didn't understand the RLA, but she took a quick course and got her ruling right. I still think she is unclear on a few things. Anyway, allow me to highlight a part of your post you didn't put in bold:

"The APA Seniority Integration Committee will continue to pursue the negotiation of a seniority integration protocol with USAPA and American Airlines, as required by the MOU. This protocol will establish the rules of engagement for APA and USAPA going forward."

I think you will find the "protocol" established will remove USAPA from their representational role for the US Airways pilots in everything except the SLI once single carrier status is granted. That's why USAPA is in DFW as we speak...

I agree that she seems confused on issues concerning RLA and McCaskill/Bond. I am not a lawyer, but it was explained to me by a lawyer that Judge Silver's opinion is the law in our case and that it will stand unless it is successfully appealed or overturned.

I didn't put it in bold because it's irrelevant. They are required to participate, so they are.

 

[Carl S.]

How did that meeting in DFW go, was it truly a meeting of equals as Hummel stated last week or more a sit down?

 

[Andrew_VT]

I am not a lawyer, but it was explained to me by a lawyer that Judge Silver's opinion is the law in our case and that it will stand unless it is successfully appealed or overturned.

How much sense does it make that a judge would get to change the merger process laid out in the M/B act? An act passed by congress.

 

[Boeing747Driver]

How much sense does it make that a judge would get to change the merger process laid out in the M/B act? An act passed by congress.

Laws get challenged in court all the time. Her interpretation is that USAPA can not participate after APA takes over. This is now case law and will stand unless overturned on appeal. I don't agree with her interpretation.

 

[General Lee]

How much sense does it make that a judge would get to change the merger process laid out in the M/B act? An act passed by congress.

You mean like changing a BINDING arbitration award? The Easties changed the meaning of Binding forever. You Easties deserve dog poop.


Bye Bye---General Lee

 

[Old School 737]

You mean like changing a BINDING arbitration award? The Easties changed the meaning of Binding forever. You Easties deserve dog poop.


Bye Bye---General Lee

So true