Sunday, July 28, 2013

NWA Duty Rig Grievance Decision

Instead of just letting the decision stand, the DPA continues to lie.
By reading this decision, we discover that ALPA representatives at NWA, responsible for negotiating and enforcing the new joint contract, were either misled or they misunderstood the associated provisions in the contract.  The language was poorly crafted and left too much room for interpretation.  As a result, all NWA pilots will not receive a large sum of money they thought they were earning on every trip.
 The DPA did not discover anything. The contract language had nothing to do with this. If the DPA wants to quote anything, the words of the arbitrator are certainly harsh.

It is therefore my considered opinion, based on this Record, that the NWA MEC has not carried its burden of establishing that the Company violated any provision of the PWA,
 Not ALPA, not the Delta MEC but the NWA MEC 

There can be no doubt as to the understanding of those at the table from January 12 to January 18. The uncontroverted evidence clearly establishes that the Company would not permit the NWA pilots to fly under Delta's scheduling provisions as of JCBAID. Neither would it permit NWA pilots to fly under some aspects of those provisions and some aspects of the NWA rules.

These documents completely undermine the NWA MEC's argument that the language of 12.S.5. was clear and that its meaning need not have been pursued. Even if, contrary to the testimony of Captain Worrall, the NWA participants, as they allege, were not told the effect of 12.S.5., no matter what occurred or didn't occur before—an unclear explanation or, as Watts said, no explanation at all—upon reading the documents before them, a single question needed to be asked. If it had been asked, the answer surely would have been as this Record confirms; that the duty rigs in Section 12 would take effect as of Bid Period 5.
The battle was fought. The NWA MEC lost. That's it. The evidence wasn't there. The DPA emphasizes "A dedicated contract lawyer and professional negotiator would never have made such a gross oversight when drafting the contract." They fail to mention that Witness
Patrick "Pat" Brennaman, was the Sr Contract Administrator and the NWA MEC Coordinator, was a dedicated lawyer overseeing the language. The NWA MEC did have a dedicated attorney and he was there.

The contract and the language were not at fault here as the record clearly states. All the DPA has done is thrown the NWA MEC and Ken Watts under the bus. How many former ALPA volunteers does the DPA need to smear to help their lies?

Still not convinced? The arbitrator choose to include a number of statements in the decision including one pointing out the the NWA MEC showed up late because didn't have "approval from their MEC." The arbitrator made no mistake in choosing his language and the rest of his statements in shining a poor light on the situation. It's unfortunate but it's also over for the DPA on this one.