imjustlurking wrote: ↑Mon May 16, 2022 1:12 pm
sarg wrote: ↑Mon May 16, 2022 1:04 pm
I think you can prepare yourself for some serious disappointment if you're banking on the PTA existing in 6 months. The likelihood of reserved seniority numbers surviving the possible merger of Sunwing is also slim. Wither you like it or not Encore is a separate company from WestJet or Swoop or WestJet Vacations and the company set it up that way. Should you take your argument to the extremes you should you be able to transfer your seniority to any of the Onex owned companies.
Have the Encore MEC pursue common employer status that would solve the problem.
The fact that the PTA was voted down the first attempt and then had a non-connected financial aspect included in the second vote can easily bring the vote results into doubt.
Since you haven't read what you're arguing against, here's an excerpt.
Ya,
Not only have I read the PTA, that clause is just one the numerous reasons I voted against it.
I've seen you highlight that clause before, I and many others believe that this clause will not survive the legal challenge most likely to be brought against it during a merger.
Here's the neat thing about differing opinions and the law, you argue your case in front of a judge(or arbitrator) and get a ruling, so your opinion or mine don't matter. Just because something is in a agreement
doesn't mean it's legal, if the MEC didn't have the legal right to agree the granting of preferential seniority or the granting of preferential seniority is illegal then the whole thing becomes null and void.
Wither it's John or the Sunwing pilot's union I can guarantee that the PTA is going to end up in front of a judge or arbitrator when it does we will all have the clarity of the legally enforceable ruling. What I will also guarantee, is regardless of the outcome there will be approximately 450-500 pilots unhappy with the ruling.
If during the potential merger with the Sunwing pilots you're expecting the WestJet/Swoop bargaining unit to expend a lot of effort protecting reserved seniority for Encore pilots at their expense, you will be disappointed.