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Re-writing Letter 3/Supplement W
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The American Eagle pilots must now accept the fact, and there remains no doubt, that Letter 3/Supplement W has deteriorated into a circus. What is also indisputable is that ALPA is completely inept, ineffectual, and incompetent.
Unfortunately, George Nicolau, the arbitrator who had the ability to put a stop to the circus, joined the circus. In his second Opinion and Award on Grievance FLO-0108, dated April 9, 2010, George Nicolau wrote the following statement: "Supp W/Letter 3 has expired and finality, in my judgment, is to the interest of all."
After writing what should have been the final chapter in Letter 3/Supplement W, George Nicolau has had to issue numerous "clarifications' to his "Opinion and Award", and in the "time to captain" issue, reverse his own "final" opinion twice.
Review the front page of George Nicolau's "Opinion and Award" and you will notice that there are eight (8) lawyers listed who argued this grievance. Including George Nicolau, there were nine (9) lawyers in the room when this settlement was agreed to, and in less than two (2) months, numerous corrections have been required to "clarify" the settlement.
A laundry list of questions about this settlement still remain unanswered, and contrary to George Nicolau's "judgment", finality is years away.
George Nicolau exceeded his jurisdiction under Letter 3/ Supplement W and no matter how hard ALPA, APA, AA management, and AE management try to legitimize their settlement agreement, it will not survive the scrutiny of a court.
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Posted on Friday, May 28, 2010
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