What the 717 leaving means

[hairball1173]

Everyone chill. Have beer. 2 for that matter. Don't go worrying about a list change. They, the arbitrator, can't add, delete, or change the list or the sli for that matter. What he can do is many things within the confines of the sli and only the arbitrator will determine this. Basically what are the boundaries of the language and how does it now apply. Pretty simple. If this was a simple world. .

 

[Lear70]

Lear, you just precisely detailed the foundation for the way SWA can with a good conscience furlough 500-750 pilots on the AT side.

"Southwest must unfortunately, because of the arbitrators award brought on by a claim from the pilots resulting in costs which are now unsustainable in the near term, reluctantly announce a furlough of 500 AT pilots, 800 flight attendants, and 1000 ground personnel commencing in 60 days."

Please research what SWA did with mechanics and reservation centers when presented with this same issue.

You're OK with that possibility? I wouldn't be, I'll say this for the first time in our discussion on this topic, good luck, because I've seen how SWA reacts to these purely business decisions.

Of course not.

I also don't see it as a "likely" possibility in the grand scheme of things. Possible? Sure. But likely? I don't think so. Been wrong before of course, but I think the solution will more than likely remain within a livable financial realm for Southwest.

Not highly concerned, and with SWAPA throwing the "jurisdiction" card on the table, we're not going to hear anything about this until late summer or early Fall, with lots of transitioning crews between now and then. Heck, I'm so not worried about it I'm going to bypass in the January class bid so I can keep my quality of life for a while. Looking forward to being over there, just would prefer not to commute 5 hours or sit reserve in MDW during the winter - will let some of my more junior colleagues come over a while before I bid over.

Like Hairball said, it's going to be fine. It's not without risks, but nothing in life worth having ever is...

 

[HA25]

"What the 717 leaving means"....


That you won't have anymore 717???

 

[WOWIdidntKnow]

If the arbitrator agrees that the DRC does indeed have jurisdiction over the issue, it'll go back to the DRC again on the question itself, which will deadlock like this issue, then it will go to arbitration again over the issue itself.

Lear,

So ALPA wants to play "I got a secret" with the original complaint because they don't want to "give away their" strategy for arbitration?

Yet, it is almost a certainty, that at the first arbitration hearing, the specific details of the "violation" will have to be presented in order to give the arbitrators enough information so they can decide if the complaint fits inside the jurisdiction of the DRC.

Do I understand this correctly?

 

[Ty Webb]

Civil lawsuits are frequently filed seeking "unnamed damages" . . . . but do go on . . . .

 

[Lear70]

Lear,

So ALPA wants to play "I got a secret" with the original complaint because they don't want to "give away their" strategy for arbitration?

Yet, it is almost a certainty, that at the first arbitration hearing, the specific details of the "violation" will have to be presented in order to give the arbitrators enough information so they can decide if the complaint fits inside the jurisdiction of the DRC.

Do I understand this correctly?

You have the first part right, but not the 2nd part.

Again, this is just how arbitration works. Seen a LOT of arbitrations, and the company doesn't tell you what information they're planning on presenting, either. NO ONE DOES. THERE IS NO RIGHT OF DISCOVERY IN ARBITRATION. I'm not sure what people are so upset about. This is just how the process works.

The jurisdiction argument is solely whether there is, as SWAPA stated, another avenue for resolving this issue. Period. (There's not; that's been tried). The only arguments the arbitrator will require this time around are those revolving around why the complaint has no other avenue of pursuit, what other avenues were tried, and what part of the agreement, specifically, is believed to be breached, and why that part of the agreement is not covered in any other document or process between all 4 parties.

It's a simple issue, really. Nothing else in writing anywhere, in ANY way, deals with what airplanes our pilots transition to. Only the Seniority Integration Agreement does that. There is a resolution process to determine how to resolve believed conflicts in those documents, which specifically precludes a civil suit for an issue covered by the DR process. That's why SWAPA disputing jurisdiction is so laughable... WE ALL DESIGNED THE PROCESS THIS WAY to 1.) keep it out of court and 2.) limit the way to resolve the problem so that the list cannot be changed, etc., IF the dispute is determined to be covered by the DR process.

Since we (including SWAPA) specifically and deliberately designed the process this way, SWAPA's claim that there "are other avenues for this issue" is simply amusing, although we all assumed they would go this route. That's why I posted a month ago that we would likely be 9-12 months before we had a resolution - I fully expected SWAPA to do this, it's just good strategy.

It's a delaying and fact-finding tactic. Nothing more.

Again, arbitrators are very familiar with arbitration strategy, on both sides, and it's unlikely they will make ALPA present its ENTIRE case just to determine one, small portion of it now: jurisdiction.

Think of it this way... if we were back where we were a year ago, and we were looking at going to arbitration for the list itself, and we demanded that SWAPA tell us, in advance, every argument they were planning on using at the seniority arbitration so that we could plan for and counter their arguments, you guys would laugh us out of the room.

Same premise.

NO ONE gets discovery. No reason to get upset about it, just like I'm not mad that SWAPA is claiming improper jurisdiction when they know the DRC was designed for EXACTLY this purpose. It's just the way the process works.

 

[madjack]

Yawn, this will go nowhere, move on...JMHO

 

[scoreboardII]

Lear:

It's a simple issue, really. Nothing else in writing anywhere, in ANY way, deals with what airplanes our pilots transition to.

Completely false.

30. Q. In the event that B717’s are replaced with different aircraft, will B717 captains keep their captain seats?

A. AirTran pilots whose seat position is eliminated by reduction of the B717 fleet will bid system seniority for their new assignment. (27.F.2.)

This is an answer in the joint SL10, it does not get any clearer on what happens if the 717 is replaced with another jet.

 

[Luv2BFlyin]

Based on negotiations and indications by mgmt, I believe the above referenced quote was intended to apply after the normal lease expirations. Either way, there is an agreed to pocess and it will be followed this time.

 

[scoreboardII]

The Q/A above stands by itself, no date of execution noted, no lease intention noted, when it happens, they bid system.