Atlas STN

[WhaleFR8]

Scope Clause

There is no "right to fly/follow Polar's freight." (see scope clause below)

And there is no real "sticking point." The company has said they are merging the lists and there is binding arbitration telling Atlas and Polar pilots how to do it. The only "sticking point" is in the imagination of the Polar negotiating committee chairman and his MEC mouthpiece. You can see from reading the scope clause below that there is no language that could be considered a sticking point.

What you are talking about is the wishes of the Polar MEC to have follow the flying rights should the Polar business unit be spun off from AAWWH after the merger of the lists and the establishment of a new CBA. They wanted this for several years (four I think, but I may be wrong on that). This would not come from the current Polar scope clause, as that would go away with the new CBA. They wanted this language inserted in any NEW CBA - THAT is what you are calling, or Bobbrobin is telling you, is the sticking point; not the current Polar CBA Scope clause.

This was all part of the pre-merger protocols negotiations for the new CBA. The Polar MEC wanted to ensure that the Polar pilots would have the ability to go (move to any new company) with the sale, if the Polar certificates or business unit were sold in the four years after the merger. The Polar merger committee proposed this same thing during the merger negotiations in front of arbitrator Harris and he denied them that proposal.

The Atlas MEC, knowing this was purely a delaying tactic, tried to move things forward by initially counter-offering 12 months of follow the flying. However, when the Polar MEC would not budge, and on the advice of council, the Atlas MEC decided that they could not vacate an arbitrators decision from binding arbitration (Harris Arbitration). So the 12 month offer was rescinded.

Just for Reference, below is the Polar Scope Clause.

B. SCOPE.
1. Except to the extent expressly provided otherwise in this Section or elsewhere in this Agreement, all present and future flying performed by the Company, or by any other airline which is owned, controlled or operated by the Company or by Polar Air Cargo Holdings, Inc., including, but not limited to, revenue flying, ferry flights, charters, and wet leases, shall be performed by Crewmembers whose names appear on the Polar Air Cargo Crewmembers System Seniority List in accordance with the terms and conditions set forth in this Agreement.

2. The Company shall not directly or indirectly sell, lease or otherwise transfer any aircraft owned, leased or operated by the Company to any airline which is owned, controlled or operated by the Company or by Polar Air Cargo Holdings, Inc. if such sale, lease or transfer will directly cause a reduction in force, unless the flying of such aircraft by such airline is performed by Crewmembers on the Polar Air Cargo Crewmembers System Seniority List in accordance with this Agreement.