Portion of United ALPA email to it's membership...
"How, then, you might ask, did the American pilots avoid an arbitration with the TWA pilots? The simple fact is that a court found at the time American proposed to buy TWA that TWA was on the verge of liquidation. The TWA pilots were told by American that they would have to waive their contractual right to arbitration and accept the proposed seniority list, or no transaction would take place. The TWA pilots elected to waive their contractual rights and accept the only deal available in order to salvage at least some of their careers. "
This is 100% wrong. How do I know? I was there, at the table.
Actually the oposite is true.
The APA requires any acquired airline's pilot group (you NWA boys need to take special attention to this) to give up their Allegheny-Mohawk LPP''s in order to allow AA to buy, acquire, merge another airline. At the time, AA really wanted this deal to go through. So AA came to the TWA pilots and said, "we will let you keep the rest of your ALPA contract until the merger is complete as long as you give up your arbitration rights."
We told them to go f themselves.
They then said, (and ALPA's lawyer's assigned to us backed this up) we will still press on with the acquisition, but we will strip you of all your ALPA contract and impose our own pay and work rules separate from the APA contract, until you are under the "green book" (APA's name for their contract).
This was all prior to 9/11. And also prior to any final seniority list mentioned in the above Untied ALPA email.
We were all then worried that they could lay us ALL off, and replace us with new hires.
We still told them to go f themselves.
ALPA's lawyers were then sent to STL by Duane Worth who then called an emergency meeting in STL with our MEC. We were told by our "expert" lawyers, that we were all in danger of having no contract whatsoever, which would jeopordize the entire seniority list during the acquisition. And that we better take the deal ASAP.
We, the pilots, wanted to take this up with the Bankruptcy judge, but our "expert" lawyers said that if you take this to the judge, he would have to make a ruling, and that bankruptcy judges in 1113 filings don't have the authority to uphold portions of contracts. They can either uphold the entire contract or throw the whole thing out. Therefore, because our ALPA assigned lawyers told us the risk was too great of loosing the entire contract, we had to take the AA deal.
Lets make this clear. AA wanted this deal no matter what. UAL and USair was happening and AA had to do something so not to lose market share. This deal was going through one way or another, regardless of any liquidation fears.
Once this was done, the APA ran right over us with a freight train. They forced their seniority list down our throats, ( a list we never agreed to by the way, which has allowed us to seek relief from the courts) And Duane Worth was going to be one step away from his dream of bringing in the APA to ALPA.
We, the former TWA pilots, have since learned that the advice given to us by the ALPA lawyers was false. That Duane Worth had alterior motives for wanting us to concede to the APA. That motive, already mentioned was to get AA into the ALPA fold, thus completing Duane's pledge of getting CAL, FEX and AA back into ALPA. Basically, selling us out so not to piss off the APA thus increasing the odds they vote in ALPA.
Ironicaly, many of the AA pilots I have spoken to, now want nothing to do with ALPA, because of the way ALPA deffended us.
People, this is fact. This event, backed up with hard evidence, is why the Appeals Court upheld our lawsuit against ALPA, and is one of many reasons we will be going to trial hopefully by the fall of 2007.
I will say, that all you guys who end up in an ALPA to ALPA merger will be better off than the poor bastards that end up in the cross hairs of AA. May god have mercy on your souls.