So tell me, was Woerth knowingly misleading our attorney under oath or is he just ignorant?
Haber: Is it in fact management that defines when the merger takes place?
Woerth: Managements usually announce mergers, yes.
Haber: I mean in circumstances where it is where one is talking about operational integration and other indicia of that sort, but where there is not a formal legal merger?
Woerth: If there is a merger it is usually a management-announced merger and their plan to integrate is known to the public and to us and that is how mergers occur.
Haber: But ALPA merger policy is defined for something that is less formalistic?
Woerth: No, it is to recognize when it is a rumor of a merger and an actual merger, to distinguish the rumors of a merger and the likelihood of a real merger taking place.
Haber: So, then why would ALPA seek in some instances single carrier determinations from the National Mediation Board despite management's objection?
Woerth: Single carrier representation has nothing to do with mergers. It has that to with representational status of the unions.
Haber: But single representation would be another way of getting what you advocated; right?
Woerth: They are not related at all.
Haber: Why not?
Woerth: Because it just has to do with who is the collective bargaining representative in a single carrier case; teamsters, ALPA, independent. A single carrier just describes who is going to be the bargaining representative.
Haber: At Mesa, for example, ALPA represented all carriers involved, so what was the rationale for seeking National Mediation Board single carrier determination?
MR. MIGLIORE: Object to the form of the question; assumes facts that are not in evidence.
THE WITNESS: I don't know why we sought single carrier determination.
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