Just so we are clear....
What you are talking about is a “remedy” case pending before the Holden System Board. In that case, ALPA previously obtained an award in favor of the Polar pilots. This award held that the Company was in violation of the Polar CBA’s scope clause when it furloughed and downgraded pilots during the time period that Atlas was performing Polar flying – flying Polar cargo for Polar revenue – pursuant to an “Alliance Agreement” between the two airlines. The Holden Board concluded that the Company was contractually precluded from furloughing while this subcontracted flying was occurring and ordered the Company to reinstate and/or upgrade the affected Polar pilots and make them whole for their loses. The Company complied with the Award by pay protecting the affected pilots in the positions they would have held but for the violation. The Atlas MEC has no quarrel with either that claim or remedy.
The Polar MEC did not appear to care, nor did they complain, about the failure to actually recall or upgrade Polar pilots while they were being pay protected. On or about June 2007, the Company cancelled the Alliance Agreement and Atlas stopped flying Polar cargo for Polar revenue. When it did that, the Company apparently concluded that it could then furlough and downgrade the excess Polar pilots, because those furloughs and downgrades were not the result of flying under an Alliance Agreement. The Polar pilots disagreed and ALPA went back to the Holden Board to complain about the Company’s conduct.
It is at this point that Polar's arguments and requested remedies are seriously out of line and improperly impinge on Atlas pilots. We recognize that Atlas is flying a small number of contracted charters for Polar such as the "maintenance spare" flying that Atlas has historically done for many airlines. Nevertheless, it is undisputed that Atlas is no longer regularly flying Polar cargo for Polar revenue. Polar is asserting that certain flying that Atlas is doing, carrying Atlas cargo for Atlas revenue on Atlas Aircraft, is really Polar flying because this flying just happens to be between city pairs that Polar had served at one time in the past, or is a type of flying (i.e. military charter) that Polar has also done in the past. In other words; even though the flying at issue is flying Atlas is entitled to do between city pairs it is entitled to serve; and is flying cargo consigned to Atlas that produces revenue for Atlas, Polar is asserting that this is really their flying because they once flew similar routes or similar cargo.
As astonishing as this assertion is, the Atlas pilots would have no objection to Polar making that claim were it not for the remedy Bobbrobin is seeking. This unprecedented remedy would order the company to transfer Atlas flying – flying cargo consigned to Atlas for Atlas revenue – to Polar in sufficient amount to result in the upgrade of 37 Polar First Officers to Captain. That result, were the Holden Board to order it, would almost certainly require Polar hire additional First Officers both to replace the upgraded FOs and to fill the additional FO positions required to staff the added aircraft. The aircraft required for that flying will necessarily come from the Atlas fleet which of course will result in the furlough of Atlas pilots. As you might guess, the Atlas MEC is strongly opposed to any remedy that results in the furlough of Atlas pilots even if it is limited to a transfer of flying sufficient only to protect the allegedly “injured” Polar pilots (who are far fewer than 37).
The remedy Polar is seeking is a punitive remedy against the Company, but – in truth – the only entity or group that would be “punished" were the Holden board to order such a remedy is the Atlas pilots who will be furloughed when Atlas aircraft and Atlas flying is transferred to Polar. It is outrageous for Polar/ALPA to advance a remedy that will result in the furlough of Atlas pilots so that Polar can promote FO’s to Captain who were never Captains prior to the violation addressed by the original Holden remedy. A remedy such as Polar is seeking would also result in hiring at Polar even while furloughs would be happening at Atlas. These new hire Polar pilots would be pilots who were obviously not even on the property when the violation occurred.
Is THAT the arbitration you are talking about?