This is a complex issue. The VSL was created through negotiations. That process eventually led to the Integration Letters of Agreement. The issue arose from a dispute of whether or not the NJA/NJI/NJLA pilots constitute a craft and class of a single transportation system for the purposes of collective bargaining. If so recognized, then NJASAP is the bargaining agent for the entire group. If recognized by the company (as opposed to the courts) then the LOAs lay out the integration process, including that the VSL becomes the seniority list for the craft and class. Further, it lays out how the contract applies to all represented pilots.
The LOA gives the company the ability to end the dispute by sending a "recognition notice" and consequently gives time to implement the remainder of the LOA and other provisions of the Contract. Last fall, the company sent the "notice" to the Union that they recognize NJA and NJI as a single transportation system for the purposes of collective bargaining but, per the LOA, will continue to operate separately for the time being. However, by the terms of the LOA, that "recognition notice" moves us (company and union) toward full crew integration. The LOA states that the interim period (between "recognition notice" and full crew integration) ends November 21, 2010, with or without the company sending a final notice.
The Union views seniority and furloughs (including recall rights and seniority maintenance) as negotiated benefits. Essentially, then, we told the company that by furloughing according to the VSL (and assuming we continue down the path of full crew integration) we would recognize NJI pilots' VSL seniority and recall rights. This is consistent with the principle that we are a single transportation system for the purposes of collective bargaining as stated in the company's "recognition notice" and also is indicative of where the parties are ultimately heading. If the company were to not use the VSL for the purposes of furlough/layoff, we would not view affected NJI pilots as "furloughed" but rather as "laid off," which does not protect their right to return at their former senior level. This becomes particularly significant if any layoff occurred prior to the final integration notice and the recall occurred after. By furloughing according to the VSL and the Union's recognition that in so doing we would recognize furloughed NJI pilots' VSL seniority and recall rights, we are allowing a more favorable alternative for NJI pilots than by furloughing out of VSL order.
Hope this helps,
Brian