That update is a little troubling. I'm not HIGHLY concerned, as if things were bad it would have been a much more direct email, but there's some things to read between the lines on in there.
Disagreement remains on the critical issue of completing an operational merger within a specified time.
They're sending us a signal. Unfortunately, our pilots are so used to ducking their heads and not asking questions that most of our pilots probably missed it.
What it says is that our Merger Committee tried to get SWAPA to agree to operationally merge the two pilot groups within a specific amount of time. Whether it's 18 months, 24 months, 36 months, we just wanted a commitment to do that rather than allow a Muse Air scenario possibility and a protracted court battle over our 18 month language.
SWAPA evidently wasn't interested in agreeing to that and WE won't sign it without it. What that means is, if we can't get a Process Agreement by DOCC, it goes straight to Arbitration, do not pass Go, do not collect $200, just trigger A/M and send it straight to an Arbitrator, which happens within 60-90 days of DOCC; it's not a lengthy process.
I don't think anyone WANTS that at this point, but ALPA isn't going to sign the process agreement without this basic protection that MUST be had, and if we can't get it, then we'll do what we have to do. It's just that simple.
Again, if that's NOT the intent, there's no harm in putting that provision in. However, if the intent is to try to pull a Muse Air or even attempt to use it as a hammer to try to get a better SLI, then it explains why SWAPA won't agree to it. Maybe it's a temporary tactic, maybe it's a bluff to try to get us to leave it out, I don't know what SWAPA has in mind by not wanting to put it in, but I *HIGHLY* doubt our MEC will sign it until it's in there.
As such, both sides agreed to defer further discussion. In the meantime, we will work instead to arrange a meeting between SWAPA, ALPA, and the managements of AirTran and Southwest, with the goal of concluding work on a Process Agreement; reaching a common understanding of the merger process; and discussing Transition Agreements to protect the interests of AirTran and Southwest pilots during the period between the Date of Corporate Closing (DOCC) and an operational merger of the two carriers. The MEC will have additional information on plans for those meetings, coming soon."
This one is easier to read: there's 3 issues they'll be working on. First, they will be attempting to engage AAI management and SWA management on this remaining sticky issue of putting a timeline for operational integration into the Process Agreement. If they can get that done, we move forward.
The Second one I'm not 100% sure of, obviously there's something going on additionally that they're not sharing. I'm sure we'll hear about it eventually.
The 3rd one is why we need to work TOGETHER on a Transition Agreement. Yes, this would typically be done between just SWAPA and SWA, *HOWEVER*, there are a lot of protections in our contract that have to be considered in what SWAPA and SWA try to do during the integration process.
What is due from SWA to the SWAPA pilots in order to complete this deal as SWA desires is a matter that is strictly between current SWAPA pilots and SWA. I find it odd that the AAI NC expects to be included in any transition negotiations with SWA.
Make no mistake, ALL provisions of our contract WILL remain in place until we are on the SWAPA seniority list and represented by SWAPA. That's Federal Law, and SWA management acknowledged their requirement to do so when we signed our T.A. The main one is that Southwest can't shuffle airplanes around where it would cause downgrades and furloughs on our side of the list. There's more of them but it only makes good sense to have our contract people there when SWAPA and SWA hammer out the Transition Agreement so they don't work something out that later can't be done because of our contract.
And there's always recourse, including taking a case straight to Federal Court if it's a Major Dispute (shuffling aircraft from our Cert to SWA Cert and causing downgrades and furloughs). Would result in an immediate injunction then the court process to hear it.
While I don't believe this is what anyone WANTS, people would be naive to think AAI ALPA would just sit back and let something like that happen. We'll protect our interests, just as SWA will protect theirs. My hope is that we can hammer all this out in the coming month before DOCC is right on top of us.
Still "cautiously optimistic" and will relax a lot more when the Process Agreement with the requirement to operationally integrate is done.
