I don't think this will affect basings; at least from a legal standpoint. Many forms of ADL apply to citizens of a country and will kick in if there's any form of operation or trade into the country. Some apply regardless of where the national is employed (although there might be issues of enforceability). There's an easy solution; do the right thing and don't try to divide and trick in order to put strings on the contract or use them as a negotiation tool to play groups off against each other. Or use the privilege of working for more years due to age to force someone onto a new contract (which is legally equivalent of saying you can work 10 more years only if you're a white male). Most of us would cry foul on a first read of a contract that did this ("something's not right here") -- the company just need heed. Most of the AOA's inputs are constructive in nature--often bringing stuff up which does everyone a favor (especially the company) by indicating what the company is doing breaks the law and opens them up to fines and/or litigation or other forms of action. Being an international carrier, we don't operate in a cozy bubble in Hong Kong. Using the "our interpretation" approach to do whatever it wants to carries little weight amongst judges and juries elsewhere.
In any case, how many bases/basing slots have we opened, and how big of a boon have these been ? Has it been 100 slots available or 2 ?
If it was an intent to use US onshoring (or onshoring anywhere else) to try to force a new C scale or hire DEFOs on a lower pay scale, worse COS, etc. rulings like this establish precedent that this won't work. It also makes a strong argument for a unified COS/pay scale and equitable across the board pay increases which was a theme of the last 'negotiation.'
Last edited by Shep69; 18th Dec 2014 at 13:52.