NewCommercialPilot wrote:ALPA's DOH policy was designed to eliminate controversy down the road in event of a merger, and their merger policy reflects that as well.
Wrong, wrong, wrong.
There is no mention of DOH in the ALPA Merger Policy other than compilation and exchange of data. The basis for integrating lists in the event of arbitration describes 'factors' that must be considered. DOH is not one of them.
For more info on the controversy created when one list has members not in order of DOH, check out the Continental/United merger and specifically to portions of Continental's list.
In the meantime, check out the bold sections here. Some of it is word for word identical to ALPA's 61 year old Executive Board policy on seniority list construction (non merger).
SENIORITY LIST INTEGRATION
1. Each MEC is encouraged to have a standing Merger Committee at all times. The Merger Committee for each MEC shall consist of at least two but not more than four merger representatives elected by the MEC from the active members in good standing on its seniority list. In the event an MEC fails to elect merger representatives within ten days following the PID, the President may, at his discretion and subject to an opportunity for the affected MEC to be heard by him, appoint any active member of ALPA in good standing from the affected airline to fill any merger representative vacancy. These representatives shall have complete and full authority to act for and on behalf of the flight deck crew members of their respective airlines for the purpose of concluding a single flight deck crew member seniority list and appropriate conditions and restrictions, which shall not be subject to ratification. Nothing herein is intended to limit the discretion of respective MECs in the selection or replacement of their merger representatives prior to the election of merged MEC officers.
a. There shall be an annual orientation program for all merger representatives conducted under the supervision of the Vice President-Administration/Secretary, which in his discretion may be conducted in person, by telephone or by electronic format.
2. Compilation of Employment Data
a. Each MEC will maintain a system seniority list including at least the following data: seniority number, name, date of hire
, and date of birth.
b. The merger representatives shall be responsible for determining the date of hire
, date of birth, seniority number, furlough time and leaves of absence time for each flight deck crew member on its current seniority list utilizing Company payroll records and/or other records as necessary. ALPA staff may be utilized to compile this data. Each furlough and leave of absence or any intervening periods of service other than as a flight deck crew member with this Company shall be listed separately with an explanation covering the period. Furlough time directly related to a labor dispute or work stoppage, ALPA leaves, military leaves, FMLA (or Canadian equivalent) leaves and sick leaves shall not be included.
c. In cases where one or more parties to the merger has flight deck crew members with grandfather or similar special rights by agreement with ALPA that are limited as to job classification or status within the flight deck crew, employment data with respect to said special classification or rights shall also be compiled
d. The date of hire shall be the date upon which a pilot first appears upon the Company’s payroll as a pilot
and also begins initial operational training required to perform such duties in airline operations. Pilots who initially function as flight deck crew members in positions other than that of a pilot, but whose working agreement allows normal progression in accordance with seniority to pilot status, shall be considered as being employed as a pilot for purposes of this Section. Persons who initially function as flight deck crew members, but in a classification which did not allow normal progression to pilot status in accordance with seniority, and who have subsequently gained the right of progression to pilot status by agreement with ALPA, shall acquire date of hire as a pilot as of the date specified by such agreement. Where an initial date of hire as a flight deck crew member is different from an initial date of hire as a pilot as defined above, both sets of data, together with explanations, shall be compiled for the purpose of resolving any inconsistencies among the parties to the merger with respect to special rights for such individuals.
e. Verification of employment data described above shall be accomplished as soon as possible after compilation in the manner set forth in Part 3C 3 below, regardless of whether seniority list integration is being undertaken pursuant to the procedures set forth in this policy or alternative procedures under an agreement between the involved MECs pursuant to Part 2C 1a(1) above.
3. Verification and Exchange of Employment Data
a. The merger representatives will commence the verification and updating of employment data of those flight deck crew members not previously verified and updated no later than the PID.
b. The merger representatives shall forward the individual employment data described in Part 3C 2 via certified mail, Return Receipt Requested, to each non-verified and non-updated flight deck crew member within twenty (20) days of the PID, provided that the merger representatives may forward such data by email, with provision for electronic return receipt, to those flight deck crew members who have designated electronic communications as their preference for receiving ALPA communications. The merger representatives shall also post such data as to all flight deck crew members on their MEC website in a manner providing for access by all flight deck crew members.
c. It is the responsibility of the individual flight deck crew member to verify or challenge the findings of the merger representatives within twenty (20) days following receipt and to support his protest, if any, by written statement of fact. In addition, such protesting member may request a hearing before the merger representatives. All such timely requests shall be granted. Any flight deck crew member may transmit such verification or challenge or request for a hearing by email, in which case the merger representatives may use email to schedule a requested hearing and advise the flight deck crew member of their decision by email.
d. The merger representatives will receive and evaluate all protests and will adjudge the validity of the claims. Their decision will be final and such decision shall be in writing and shall be forwarded to the flight deck crew member making the protest within ten (10) days following receipt or following completion of the hearing, if any, by the means outlined above.
e. Upon completion of the processes outlined above, the merger representatives shall prepare a certified Flight Deck Crew Member Seniority List which shall reflect the proper relative position of each member thereon
. Such list shall contain that data described in Part 3C 2b.
f. Employment data verified as outlined above shall be exchanged no later than sixty (60) days following the PID. For purposes of this initial exchange of data, said data need not pertain to events more recent than the date of the first Company notification of intent to merge.
g. Additional employment data pertinent to the solution of integration problems shall be made available to all merger representatives.