Wrong in many levels. Pilots lose nothing. Union lost nothing. Company on the other will be under some serious scrutiny very soon. This hurts the company far more than any pilot.
The point was made and the union won when the company issued the new policy. Fact. To the FAA and an arbitrator the “agreement” is irrelevant. The company put it out, in writing as a policy, and will be held to that standard. Who got played here...the company. Ego dug the whole and impulsivity kicked them in it.
Your first two paragraphs are not true in their totality. If the FAA takes action for information contained in an ASAP report, it does go on your record. ASAP is not mandatory in the industry and is specifically a company report with an agreement that in the big picture only piggy backs onto the NASA report, if the pilot chooses to do so. Obviously you have never sat in on an ERC meeting with the FAA and company and seen how the process actually works compared to how you think it works. As usual the way you think things should be, is not actually the way they are.
union never wanted free passes from discipline. Several of their emails stated that. Not to mention the union wrote the new policy the company put out, so your ignorance is clearly on display again. The union wanted SMS and safety reports to stay exclusive to safety. If something were to be deemed an event worthy of discipline all the company would have to do is request evidence separate from the SMS collection sources, investigate it fairly, and continue on.
company discipline proceedings and FAA safety programs should not be used interchangeabley and at the sacrifice of the protections or repercussions of either. You just don’t get it.....