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AFFILIATED WITH THE A. F. OF L. "SCHEDULE WITH SAFETY" AIR LINE PILOTS ASSOCIATION INTERNATIONAL 3145 WEST SIXTY-THIRD STREET CHICAGO 29 TELEPHONE GROVEHILL 6-2200 [[logo]] 537 April 14, 1950 Capt. M. A. Gitt 188-40B 71st Crescent Flushing, New York Dear Mike: This will acknowledge your wire of April 13th. I have been completely occupied with the Baldwin Case and was therefore several days behind in answering my mail. Judge Simmons denied your grievance against Colonial. I am having copies of his Decision prepared for forwarding to you and the Board members. It has always been my opinion that you had excellent cause for grievance against the Company and my thinking has not been changed by Judge Simmons' Decision, which is predicated upon the theory that the Colonial Agreement does not prohibit the Company from cancelling an original bulletin and issuing a new one. He regards the amendment to the May 27, 1949 Bulletin as being in effect in cancellation of the original and the issuance of a new bulletin. Judge Simmons is a very astute man, and the only explanation of his Decision that I can offer is that I did not present it properly. Nevertheless, we did emphasize that his sustaining of the Company's action would permit the Company to manipulate bulletining of vacancies so as to permit Company selectivity rather than award by seniority; that point seems to me to be the crux of the matter. I recommend that Stu Macklin and Bob Silver refuse to sign this Decision because it is my intention to prepare a dissenting opinion for their signature which will be filed along with the majority opinion. This will have no practical effect upon your immediate situation but it will prevent the Company's use of the Decision as any unanimous expression of agreement on that point. Very truly yours, AIR LINE PILOTS ASSOCIATION Maurice H. Schy Legal & Conciliation Department MHS/hb cc: Sayen Macklin Silver AIR MAIL SPECIAL DELIVERY
