Originally Posted by ACAV8R
that MOA is dead in the water, effective with the issuing of the remedy ruling.
Not necessarily. The most significant of its provisions have been negatived by the Tribunal order of reinstatement, but that was contemplated in the agreement. It was made subject to the Tribunal order. But I believe that the status of it is largely uncertain.
There may be provisions of the MOA that were not overwritten by the agreement that are still valid. We won't know until the agreement is disclosed (if it ever is).
Also, to my understanding, once an agreement in writing is made, it is valid, unless there is some supervening reason (such as an order) that it is not valid. The Tribunal order did not strike down the MOA any more than it did not strike down the application of the mandatory retirement provision to other pilots.
There is one other point about that MOA: it constitutes a signficant precedent for the Association and the employer. Such as being an agreement that creates a second tier of pilots. Such as an agreement that blends wages and pension payments. Such as an agreement that is executed by the Association without ratification by the membership as required by the Association's constitution. Those are all dark clouds, just waiting to unleash their thunder, lightning and hail on those out there without an umbrella.