If Van de Ven did in fact sign a letter after the new contract was signed agreeing to the newly negotiated scope changes then of course that is a different argument altogether. I haven't been able to find that letter so please post it.
Here it is (sorry for the poor formatting):
February 21, 2011
Linden D. Hillman
AirTran MEC Chairman
Air Line Pilots Association
100 Hartsfield Centre Parkway, Suite 450
Atlanta, GA 30354
Dear Linden,
We appreciate your willingness to work with Southwest and SWAPA to achieve a
successful merger. The prospects and potential benefits of our combined operations are truly
exciting, but they will be fully realized only if we all are committed to the same objective.
If our merger transaction successfully closes, Southwest Airlines will be a "successor" as
defined in the Agreement between AirTran and ALPA. As such, Southwest agrees that during
the period of separate Pilot operations following close, it will adhere to and apply the provisions
of the AirTran/ALPA Agreement to AirTran Pilots, unless and until that Agreement is changed
pursuant to the Railway Labor Act.
With regard to the integration of Pilot seniority lists, Southwest is both statutorily and
contractually bound to follow the requirements of Sections 3 and 13 ofAllegheny-Mohawk. It is
our understanding, which you confirmed in your letter, that ALPA and SWAPA are currently
working on a process agreement to facilitate and accomplish those requirements. It is our intent
to fully support that process and abide by its results.
It is too early in the process for us to have a clear and comprehensive picture of how and
when flight operations and the two networks will be combined. There is much work yet to be
done, and many questions still to be answered. At the appropriate time, we certainly intend to
engage in meaningful dialogue with you. In the meantime, and until such time as there is a
single representative of the combined Pilot groups, you should continue to deal with AirTran
management, and we will continue to work with SWAPA to establish. a framework for an orderly
transition.
We look forward to having you and all AirTran Pilots as part of the Southwest Family.
Agreeing to abide by scope changes and being legally bound to do so are two completely different things altogether.
Read it. He doesn't just make some new agreement, he acknowledges that SWA is indeed a "successor" as defined by our CBA. And on the date of this letter, our CBA had been the new one for about three months already.
The purchasing entity in a corporate transaction is agreeing to purchase a relatively unchanged product. If you negotiated a daily guarantee of 15 hours, would SWA be obligated to pay that rate? If you negotiated a clause that said in the event of merger the acquiring company must pay each pilot $500, would that be enforceable? The answer to both those questions is no. If you add hurdles to an acquisition scenario after the acquisition is agreed to those portions are not enforceable. If they are AGREED to after the fact that is a completely different scenario.
Wrong. You really don't understand how this works. We have antitrust laws in this country that prevent an acquiring company from exerting any sort of control over an acquired company until after the transaction has actually closed. SWA was prohibited by law from having any involvement in negotiations over anything with ALPA, the AFA, or any other entity prior to DOCC. In fact, AirTran had an obligation under the RLA to continue bargaining and make a good faith effort to resolve disputes. SWA had the right to cancel the transaction prior to the date of corporate closing if there was an adverse material change, but they couldn't stop AirTran from entering into agreements, and if they did not cancel the transaction, then they were bound by anything that AirTran agreed to prior to the transaction.