THE PARTIES THEREFORE AGREE THAT:
1. ACPA and ALPA will take the following common positions in their pleadings and submissions with respect to the application:
(a) Since January 4, 2000, Air Canada and CAIL have carried on associated or related federal businesses under common control or direction, within the meaning of Section 35;
(b) The CIRB ought to exercise its discretion under Section 35 to declare that, for the purposes of Part I of the Code, Air Canada and CAIL are a single employer operating a single mainline airline business.
2. Subject to the right of ACPA and ALPA to take differing positions with respect to the sequence of issues to be determined by the CIRB and the timing of any CIRB Orders which may ultimately be appropriate, which right is specifically reserved by both ACPA and ALPA, ACPA and ALPA will also take the following further common positions in their pleadings and submissions with respect to the application:
(a) It is no longer appropriate to maintain two separate bargaining units for mainline pilots employed by Air Canada and CAIL respectively;
(b) Those two units should be combined to form a single mainline pilot bargaining unit at a time to be determined by the CIRB;
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3. Should the CIRB issue a single employer declaration and find that the two mainline bargaining units at Air Canada and Canadian Airlines ought to be combined, and provided that ACPA and ALPA have not by that time agreed upon any integrated seniority list, ACPA and ALPA will jointly request that an integrated seniority list for Air Canada and CAIL pilots be determined by the following process under Section 18.1 of the Code:
(a) The integration of the two seniority lists shall be determined by a sole arbitrator jointly selected by the parties, namely Morton Mitchnik;
(b) The arbitrator shall integrate the seniority lists based on such principles as he finds applicable to a bargaining unit consolidation triggered by a single employer declaration under the Code;
(c) The parties are free to make whatever submissions they wish as to what the applicable principles may be;
(d) The parties to the arbitration will be ACPA and ALPA. However, if the employer seek to intervene the arbitrator may permit Air Canada and Canadian Airlines to participate in the proceeding to the extent that he considers appropriate. The cost of the arbitration will be borne by the parties in such shares as they agree upon or the arbitrator decides. ACPA and ALPA will have the right to represent their pre-merger pilot groups throughout the arbitration process and before the CIRB with respect to any proceedings reasonably related to seniority integration, regardless of whether or not the CIRB has determined that one or the other of them has obtained the bargaining rights with respect to both pre-merger pilot groups;
(e) The arbitrator will not be governed by either union’s policy, if any, respecting the integration or merger of seniority lists;
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(g) The arbitrator shall have all the powers that the Board would itself have in merging seniority lists under the Code;
(h) Prior to the introduction of evidence in the arbitration, ACPA and ALPA will exchange detailed information on the pilot seniority lists at Air Canada and CAIL respectively, as those lists stood on January 3, 2000. The parties will forthwith have further discussions to identify the precise nature and format of the information to be exchanged;
(i) The arbitrator shall not make an award that alters the relative seniority rankings among employees who are legitimately on the seniority list of either of the two pre-merger pilot groups;
(j) Except as provided in the next paragraph the award(s) of thearbitrator shall be final and binding on ACPA, ALPA, Air Canada, CAIL and the pilots of Air Canada and CAIL;
A couple of things occur to me, assuming that the sale completes and common employer is declared between WSW/WJA bargaining unit and SWG bargaining unit.
1) The two merger committees will exchange seniority lists and verify that the pilots have the length of service with their respective companies as indicated by Date of Hire (DOH) information on the seniority lists. Length of service is normally one consideration in merging seniority lists. If WEN pilots were on a list handed to the SWG merger committee, as seems to be the position at this time taken by the WJA MEC, the WEN pilots would have zero days of service with the company because they don't work at WSW/WJA. Seems self evident.
2) There can be no finality of an arbitrated seniority list, which is normally a condition of an arbitrated award, if that list is going to be altered every time a WEN pilot flows from WEN to WSW/WJA/SWG tpo somewhere other than the BOTL. Therefore, I do not think the PTA cannot survive an arbitrated result. I suppose that ALPA could reapproach the WJA/WSW/SWG bargaining unit members for a vote on approving a newly negotiated PTA, but I do not think that the vote would pass, nor do I think it respects the finality of the award. Surely a case can be made for a Breach of Contract action against ALPA if they persist in sacrificing the seniority rights of the new bargaining unit members in a political venture.
The WJA/WSW bargaining unit MEC Policy Manual specifies that the MEC Chair (Master Chair) is the "Association representative at the airline for the purpose of furthering and implementing the objective and policies of the ALPA Board of Directors (BOD) and ALPA Executive Board."
Here is a policy of the ALPA BOD enacted in 1956:
2. STANDARDIZATION OF SENIORITY SECTIONS
SOURCE - Board 1956
ALPA is instructed to use every means at its command in standardizing for prospective application two Sections of all agreements.
a. Specifically, the part of the Seniority General Section which establishes hiring procedures and establishment of position on the seniority list, shall be standardized so that in the event of mergers, acquisitions, sales, etc., a common foundation will exist, thereby eliminating future controversy on this subject.
b. Specifically, the Section in all agreements pertaining to sales, mergers, acquisitions, etc., shall be standardized and encompass adequate legal force and effect consistent with appropriate public law.
3. SENIORITY - GENERAL
SOURCE - Board 1956; AMENDED - Executive Board December 1971; Administrative January 1998 (Canada Reference Added); Executive Board September 1998
a. Seniority of a pilot shall be based upon the length of service as a pilot with the Company.
b. Seniority shall begin to accrue from the date upon which a pilot employed by the Company as a pilot begins initial operational training required to perform such duties in airline operations and shall continue to accrue during such period of employment except as otherwise provided in their agreement. The date upon which a pilot first appears upon the Company's payroll as a pilot and begins initial operational training required to perform such duties in airline operations shall establish such pilot's position on the System Seniority List.
I fail to see how the MEC could once again renegotiate a PTA 2.0 that makes a mockery of ALPA's oldest and most fundamental policy. Not only would the WJA MEC not be "furthering and implementing the objective and policies of the ALPA Board of Directors (BOD)", they would be deliberately attempting to do the opposite.
