Nicolau Arbitration Award - Leonidas

Discussion and Analysis
19
,
During the course of this proceeding, both sides referred to my
words in the Federal Express/Flying Tiger merger following my receipt
of the extensive exhibits, citations to other cases and final proposals
from those parties. There I said and, based on subsequent experience,
say once again:
There are four basic lessons to be learned from those
submissions; that each case turns on its own facts; that
the objective it to make the integration fair and equitable;
that the proposals advanced by those in contest rarely
meet that standard; and that the end result, no matter
how crafted, never commands universal acceptance.
It is understandable that universal acceptance is never
achieved. The merged list cannot be a copy of any list that previously
attained; other names now appear. Moreover, no matter the effort in
minimizing unfavorable changes to career expectations, merged lists
do change career expectations; it is in their nature that they do. It is
equally understandable that merger committees find it difficult to
reach agreement, choosing instead to turn to Boards such as this.
Unlike advocates who go on to represent others in proceedings of a
different nature, tomorrow and for many days thereafter merger
committee members continue to fly side-by-side with those they
represent.