Umm, excuse me,
Alpa male and I are not the same people. I am busy working. Yesterday was 10 hours at double time, so that was a $4300 day (YWG-MBJ-YYZ).
Apparently (no one has seen the WPSL) I was wrong in my prediction of the ordering of the current WPSL. (Not wrong on Swoop pay, I won that bet with
KAG). I seriously did not think ALPA would risk violation of the established 62 year old seniority policy. I wonder if they realize the can of worms they have sealed up for opening at some point down the road?
With respect to the OTS pilots, they had a common law duty of fair representation in place from May 12, 2017, that existed and was applicable even during the negotiation phase of the CBA. So, has ALPA met that duty? That will obviously be a decision of a judge, should the matter proceed to court (I would be surprised if it didn't).
Unions are given wide berth by the courts/labour boards and are above scrutiny with regards to their negotiation of collective agreements, subject only to the DFR. Was ALPA being discriminatory or arbitrary in granting
super-seniority to the pre-existing flowthrough pilots on the WPSL? Did they have justificable reasons to give some bargaining unit members more credit than others? Was this a "uniform principle of seniority", as the ALPA Constitution states as an objective.
Obviously, ALPA violated a 62 year old established BOD policy on seniority; a policy as I have shown (through archival material from 1956) was devised in order to avoid, as much as possible I would add, controversy in future mergers. So, by their own words and experience, ALPA has exposed the WJ bargaining unit members to additional
controversy in the event a merger happens within the lifetime of the current generation of junior pilots. They must have had justifiable reasons to do so.
The breach of contract issue is evidently still live. Ignoring the instruction of the ALPA BOD to use "every means at its command" to achieve a DOH ordered seniority list seems at best a risky venture.
And what of damages/remedies should a class action suit in civil court be successful? Is a renegotiation of the list available or is it strictly economic restitution?
Anyhow, I don't know where this issue heads, but I suspect this is not the end of it. There is still the matter of the LOU. The statutory DFR is in place as of January 1, 2019, so from that point on, all pilots on the WPSL have a legal right to their seniority rankings.
All of the material I have gathered is available to whomover asks at
pilotjohnjohn@gmail.com.
Happy new year everyone, don't be mad. That's a life shortener. As it stands for everyone reading here, our deaths will occur in anywhere from one minute to sixty-ish years from now.
Don't be boring.
TTFN