Pilot longevity after buyouts or mergers
- Thread starter EX9driver
- Start date
BobDDuck
Island Bus Driver
In most cases a pilot's longevity doesn't change after a merger or buyout. There seniority does, but in general, longevity, for the purposes of pay and benefits (travel, retirement vesting etc) are based on their original date of hire adjusted for any leaves per their contract prior to the transaction.
I know mergers usually preserve some or all longevity. I guess I'm looking more for specific cases of acquisitions not mergers. My airline was acquired after we were financially struggling and we were given some seniority but no longevity. I'm looking for specific cases where aquired pilots were given some of their longevity. I'm also looking for some advice from an attorney about this.
Zapphod Beblebrox
Inventor of the Pan Galactic Gargle Blaster
Were you on furlough or leave at the time of the acquisition? Are you represented by a bargaining agent and do you have a collective bargaining agreement?
Collective bargaining agreements usually address this issue as a matter of contract. If you don't have an agreement the company can do what they want. I am not even sure if a claim on the McCaskill Bond amendment would work as it deals strictly with seniority and there is a legal separation or distinction between seniority and longevity.
Collective bargaining agreements usually address this issue as a matter of contract. If you don't have an agreement the company can do what they want. I am not even sure if a claim on the McCaskill Bond amendment would work as it deals strictly with seniority and there is a legal separation or distinction between seniority and longevity.
Cptnchia
Dissatisfied Customer
Just so we're clear, after the acquisition all the aquired pilots were given longevity dates that correspond to the date of the acquisition? You started over at year one pay or some changed pay anniversary date?
Thanks for the replies. We were active pilots when our airline was acquired and were an ALPA carrier. We were furloughed for a short time than recalled based on an arbitrated SLI. We were never terminated from the company and had recall rights. We were given an SLI seniority date which was no where near our hire date but did give us some, however we received 0 longevity, in other words we started at first year Captain pay on the first day of recall (We were able to hold CA slots on recall)The arbitrated SLI did not address longevity only seniority. I agree McCaskill Bond doesn't address longevity. Is not 0 longevity unprecedented especially since we were furloughed with recall rights? The bottom line is I'm looking for evidence in other cases where a pilot group was acquired but still retained all or some of there longevity. I've looked on the net but no luck. In response to the question of our contract it had weak language protecting pilots during an acquisition. Lesson learned by many.
Zapphod Beblebrox
Inventor of the Pan Galactic Gargle Blaster
If you are an ALPA carrier then seniority is in Section 22 of your contract. Read that section and see if there are any protections. The first order on challenging this would be in the grievance process.
Go to Section 22 and then also to Section 3 or your contract. Section 3 in ALPA deals with pay you need to see if there is clear language that contradicts your present situation. Another thing to remember is that the internal "Statute of Limitations" on filing a grievance on this issue will be in the grievance section, 20. Make sure you don't allow that timeline to go by without taking action on a grievance.
You might consider filing a pay claim for the amount you think you should be owed. If the company refuses then you have a dispute over pay and you can go down the grievance road. Many courts will require you to at least start the grievance process, minor dispute machinery, before they will address the issue. The RLA delegates minor disputes to the system board and grievance process, and if you bypass that it is always the company's first issue on a motion for dismissal.
BTW, what company are we talking about??
Go to Section 22 and then also to Section 3 or your contract. Section 3 in ALPA deals with pay you need to see if there is clear language that contradicts your present situation. Another thing to remember is that the internal "Statute of Limitations" on filing a grievance on this issue will be in the grievance section, 20. Make sure you don't allow that timeline to go by without taking action on a grievance.
You might consider filing a pay claim for the amount you think you should be owed. If the company refuses then you have a dispute over pay and you can go down the grievance road. Many courts will require you to at least start the grievance process, minor dispute machinery, before they will address the issue. The RLA delegates minor disputes to the system board and grievance process, and if you bypass that it is always the company's first issue on a motion for dismissal.
BTW, what company are we talking about??