From another board:
This topic has come up before or rather the reform portion. I personally would rather have ALPA for a whole host of reasons, most of which have been discussed. The reform portion however has not. I contacted the NLRB and it would take a petition of 30% of our pilots to remove APA from this property. I think we have that many plus already. Now those on the fence or those worried about a time when we have no representation that time would be very short. ALPA is not a startup in house entity, they have the resources to be up and running within days. interim reps, mec chair and vice chair etc. That would be my personal choice. Now to reform APA in my opinion and I would like to hear others views too, would mean a clean sweep from top to bottom EVERYONE MUST GO with the exception of support staff and attorneys whom only do the work they are tasked with. President down to each and every member of the BOD would need to go. I DONT CARE TO HEAR FROM A SINGLE MEMBER OF THE BOD on this as your opinion is biased and most of you would sell your nuts to stay in office. Seen that mentality in the past and not at all interested.
Start talking AA pilots, this is ABOUT AND FOR US!!
R. (Ray Burkett)
First (1) The NLRB does not govern airline or railway employees. The Rail Way Labor Act of 1926,
The RLA, US Code title 45, 151 to 188, governs not the NLRB. The agency in charge is the NMB or National Mediation Board, not the National Labor Relations Board. The Rail Way Labor Act was a creation of congress in the Hoover administration and the NLRB was a Roosevelt, New Deal Creation several years later.
The threshold of determination of whether or not to call an election is a sufficient "showing of interest" by those in the designated category and class of employment. If the employee class is already represented then a "showing of interest", which generally takes the form of signed cards, needs to be 50% +1 not 30%. In the case of APA, because the pilot group is already represented, a majority showing of interest is required before the NMB will call an election.
The NMB, or National Mediation Board, created by the RLA, is the body that determines whether or not a sufficient showing of interest has been obtained. As one who has visited that office, presented the necessary "showing of interest" cards and been involved in a NMB election I can tell you that Ray Burkett is barking up the wrong tree.
This does not bode well for the reform of APA if there are those who want be a part of such reforms can't even make application to the correct government agency. ALPA is like McDonalds, the headquarters tells you what to do and you the store general manager do it. APA, for better or worse, has the ability to work in its own way and spend it's money as it sees fit. This gives the APA an unknown quality that makes APA unpredictable.
Please read the following report from the United States Bureau of Labor Statistics on the American Airlines Pilot sickout over the merger with Reno Air.
https://www.bls.gov/opub/mlr/cwc/profile-of-the-american-airlines-pilot-sickout.pdf
You will see an APA that was very unpredictable, and the leadership at the time under Captain Richard LaVoy went toe toe with AMR management, Don Carty, and a Federal judge. In the end the law prevailed BUT, I do not believe that APA ever paid the fine and they leveraged their "brass balls" move to gain improvements in the contract and merger protections. A legacy AA pilot will have to clarify this but the point is ALPA would never have risked all over the question.
I am not a legacy AA pilot so I don't know the details but as a former ALPA member I can tell you that ALPA would never have allowed that to happen. The first and foremost rule of ALPA is to protect the mother ship. Don't risk fines against Herdon, that would endanger the headquarters. Play it safe, talk out of both sides of you mouth and what ever you do don't rock the boat.
In 1963, the Legacy AA pilots rocked the boat and left ALPA, a landmark decision. In 2008, the legacy US Airways pilots rocked the boat and left ALPA. In the humble opinion of this writer, use that force to reform APA and create an organization that is not afraid to take risks see that the pilots get their due. IMHO, ALPA is not that organization and Doug Parker will be required to see a show of force similar to the one witnessed by Don Carty in the Reno Merger, to make him change his outlook. ALPA will err on the side of safety and protect it's interests and very existence rather than risk loss.