NoYellowNeck
Senior
- Aug 6, 2011
- 275
- 245
And you guys let this guy lead you at one point!?!?
Here you go. His rambling:
Let’s go on strike!
Yup, that sounds like a great idea. Let’s see..What might happen?
http://www.fra.dot.gov/pages/955.shtml U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
If, after the final 30-day status quo period has expired, a settlement has not been reached, the parties are free to resort to self-help and cannot be enjoined from doing so.
Self-help. The RLA is silent on the scope of allowable self-help available to the parties after they have exhausted the major dispute resolution procedures. However, court decisions have made clear that the scope of permissible self-help is broad, extending considerably beyond the bounds of self-help that would be permitted to employers and unions covered by the National Labor Relations Act ("NLRA").
Courts have ruled, for example, that an RLA union may strike and peacefully picket a carrier with which it has a primary dispute, engage in intermittent work stoppages ( e.g ., "selective" or "rolling strikes"), and secondarily picket other neutral RLA employers (a practice prohibited under the NLRA). For carriers, self-help includes: implementing their proposed contract changes; making a national response to defend against a selective strike that jeopardizes national bargaining, including locking out striking workers and, if the labor contract with non-striking workers permits, other workers; and replacing striking workers. The courts cannot enjoin such self-help activity.
http://crewroom.alpa.org/PCLMEC/Default.aspx?tabid=3241
Self Help -At the end of the cooling-off period(s), both sides are free to engage inself-help. The union has the option to strike and management can impose new working conditions or conduct a lock out.
The company can impose working conditions and wages during the strike and thereafter if the strike is not successful.
Do working conditions include seniority? YES!!
1. It is not clear just what the senioritylist would be.
The West would argue that the company is bound by the Nicolau award, just as USAPA is.
2. The Transition Agreement (LOA 96), which we currently operate under requires the parties to implement the seniority list arrived at by negotiations / arbitration with ALPA.
3. However, the transition agreement disappears with a job action. The company is free to implement terms and conditions of employment including seniority.
4. The legal sites that deal with the Railway Labor act state that the opening offer would be the likely seniority list. LOA 96 predates the Kirby proposal and it says the company will accept the result if it meets the criteria.
· The company might shy away from a DOH list because it was found to be not valid in the Arizona Court in Addington, and the question of whether or not the company can use any list other than Nicolau is currently the subject of litigation in the Arizona Courts.
· When USAPA became the bargaining agent they maintained that they were free to NEGOTIATE something different than the Nicolau award. The key word is NEGOTIATE!
· The Transition Agreement allows the partiesto NEGOTIATE and change that agreement.
THE SINGLE MOST IMPORTANT THING TO REALIZE IS THAT WHEN USAPA BECAME THE BARGAINING AGENT THEY WON THE RIGHT TO NEGOTIATE SOMETHING DIFFERENT THAN THE NICOLAU AWARD.
WHEN NEGOTIATIONS BREAK DOWN AND THE PARTIES ARE RELAEASED TO SELF HELP THE NEGOTIATIONS HAVE STOPPED!
If we did go onstrike and the strike was settled wouldn’t all the strikers be brought back inthe order of the New Seniority list? Yes but there is a big question as to when….
TWA V. FLIGHTATTENDANTS, 489 U. S. 426 (1989)
U.S. Supreme Court
TWA v. Flight Attendants, 489 U.S. 426 (1989)
Trans World Airlines, Inc. v. Independent
Federation of Flight Attendants
No. 87-548
Argued November 7, 1988
Decided February 28, 1989
489 U.S. 426
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE EIGHTH CIRCUIT
Syllabus
Although petitioner airline (TWA) and respondent flight attendants' union (IFFA) pursued all the required dispute resolution mechanisms of the Railway Labor Act (RLA), their negotiations over a new collective bargaining agreementwere unsuccessful. The parties bargained over wages and working conditions, but not over the existing agreement's seniority system, which ensured that the most senior qualified attendant who bid on a vacant job assignment, flight schedule, or base of operation (domicile) would obtain it, and would be least affected by periodic furloughs.
…… TWA refused to displace permanent replacements or junior nonstriking attendants ("crossover" employees) with senior full-term strikers, many of whom were therefore left without an opportunity to return to work. Although a post-strike arbitral agreement guaranteed that all reinstated full-term strikers would be returned to work as vacancies arose and with precisely the seniority they would have had if no strike had occurred.
Held: An employer is not required by the RLA to lay off junior crossover employees in order to reinstate more senior full-term strikers at the conclusion of a strike. Pp. 489 U. S. 432-443.
What else can we lose if we go out any type of legal self help?
· West Pilots have publically stated they will cross USAPA picket lines
· West pilots are current and qualified on East equipment; they require almost no training for domestic flying.
· US Airways CEO Doug Parker has publicly stated that he wants industry consolidation and one of the main benefits of consolidation is being able to downsize the industry and this airline.
· US Airways CEO Doug Parker has publicly stated that approximately 20% of West flying is not profitable.
· The current transition agreement has minimum fleet and block hour guarantees. If we go out on strike the min fleet and block hours are gone, the company can downsize. The company bargaining proposal has drastic changes to scope and no contingency acquisition payments. In a merger we could lose all protections. No matter what your seniority you could be affected.
· The company bargaining proposal has no min fleet and no min block hour guarantees.
· West pilots are already overwater qualified on the 757 and a very short transition course would qualify them for international service.
· The A330 international course is longer but still short for Airbus qualified individuals.
· The company would likely tell West pilots that because there is less profitable flying out West a reduction will occur and your job has moved to PHL, CLT or DCA.
· If there isn’t a seat available yet just wait a little, there will be one soon when an East pilot gives it up, even if temporarily.
· The company offer on Sick and Disability is a 3 year maximum on disability. After three years on disability you are on the street with no payments. Nada…Zip…, you are on your own.
· In the event of a merger if you are waiting for recall you could lose out no matter what your seniority.
What has Doug Parker said about Mergers?
1. Last week, US Airways (NYSE: LCC ) Chief Executive Doug Parker said that his airline was the only dominant carrier left to enter a mergers-and-acquisitions deal, and added that he wasn't averse to aligning with the right partner. Parker, however, said his airline wants to remain a strong stand-alone carrier. Could more consolidation lie just around the corner? ( Motley Fool.com)
2. TEMPE, Arizona (Reuters) – US Airways (LCC.N: Quote, Profile, Research) Chief Executive Doug Parker said on Wednesday he wants the airline to be a strong stand-alone carrier but be ready to merge with another major carrier if the opportunity arises.
3. CHARLOTTE, N.C. -- For the fourth time in four years, Doug Parker is actively chasing his dream of a game-changing airline merger. If there were to be a deal between US Airways (LCC), the company heruns, and UAL's (UAUA) United, Parker would become an icon, a CEO who merged his way to the top of the industry. (http://www.thestreet.com 5/15/08.
4. In a 45-minute interview with The Arizona Republic on Thursday, Parker looked back on the six weeks since the merger bid was announced and ahead to the next few months. He made clear that US Airways has no plans to abandon its run for Delta or raise its offer. (Dawn Gilbertson
The Arizona Republic Dec. 29, 200612:00 AM)
What is the benefit of mergers according to Doug Parker?
US Airways’ Doug Parker on challenges for the airline industry
March 24, 2009 by Evan Sparks
“Demand is growing nicely and this would take more capacity out of the marketplace," Parker says. "If you take capacity out of the market when demand is robust, it's a recipe for raising fares. You're taking away supply when demand is increasing."
http://www.wlwt.com/money/10334373/d...#ixzz1LJrsB6UU
Benefits to consumers are also an issue. A good part of Parker's proposed profit increase comes from eliminating 10% of the capacity of the combined airlines, mostly underutilized short-haul flights.
Onboard the wild ride of DougParker
Barney Gimbel,Fortune writer April 25 2007:8:09 AM EDT
While airlines are generally doing well this year, historically they have lost more than they have made. Parker thinks the only way the airlines can grow up and act like rational businesses is to reduce capacity.
United, US Airways on Consolidation
May 30, 2008
“Not only do Parker and Tilton agree the need to change the way U.S. airlines are managed. For United this means additional capacity cuts on top of the 9% reduction in domestic ASMs already planned by the carrier, while US Airways only goes so far as telling its staff that "we, like all airlines, need to adapt our plans and business models in light of much higher fuel prices."
AviationStrategy
by AviationEconomics
Editor: Keith McMullan
[email protected]
….DougParker's comments pertain strictly to the shakeout of US flag carrier capacity (and the Legacy sector in particular), which could occur under today's laws and regulations.
…..Parker had long argued that deeper cuts in industry capacity were needed to restore a sustainable revenue environment, and he made sure that merger plan eliminated a sizeable chunk of HP/US operations.
…..Capacity cuts will be a major challenge for any US/DL merger. Big cuts would be ideal for long-term viability given considerable network overlap (ATL/CLT, JFK/PHL) and the potential to shed higher Delta costs, and big cuts would provide a powerful boost to industry yields.
So….We have a CEO that wants a merger and the primary benefit of that merger is to reduce airline and system capacity. That sounds nice. I guess we could all help him and go on strike thereby allowing him the opportunity to downsize the airline and merge it while our pilots are on the street carrying picket signs.
What is our union doing now??
Doug Parker
Chairman and CEO
US Airways
111 West Rio Salado Parkway
Tempe, AZ 85281
Labor Day, September 6, 2010
Dear Doug,
USAPA will not be attending the meeting of the US Airways Board of Directors Labor Committee on September 8th. Instead, we will be conducting a picketing event in Philadelphia to rally pilot support for a satisfactory conclusion to our obscenely protracted contract negotiations. We also will bring public attention to the fact that it has been years now that you and your management team have found excuse after excuse to delay negotiations. The pilots have had enough of it! It is time for the public to be made aware of how poorly the pilots and all employees are treated under your watch. Our customers need to know as well that they can expect a legal work stoppage at our earliest opportunity, absent an industry standard contract.
To close this little missive….
· WHEN NEGOTIATIONS BREAK DOWN AND YOU GO ON STRIKE THE COMPANY IS FREE TO IMPOSE TERMS AND CONDITIONS OF EMPLOYMENT.
· USAPA WON THE RIGHT TO NEGOTIATE SOMETHING DIFFERENT THAN THE NICOLAU AWARD.
· IF YOU DON’T NEGOTIATE SOMETHING DIFFERENT YOU GET ; SOME OTHER SENIORITY LIST, THE KIRBY PROPOSAL, or WORSE, NO SCOPE, NO MIN FLEET OR MIN BLOCK HOURS, A SMALL PAY RAISE AND MASSIVE CHANGES TO SICK AND DISABILITY.
· IN A MERGER SCEANIARO WE COULD LOSE ALL PROTECTIONS….
So Let’s all go on strike…..
· We don’t know what seniority list will be imposed.
· There are hundreds of West pilots who want to cross our picket lines.
· Why do youthink the Army of Leonidas is actively supporting Mike Cleary???
Hey; our leadership says we can strike, what could gowrong?
Here you go. His rambling:
Let’s go on strike!
Yup, that sounds like a great idea. Let’s see..What might happen?
http://www.fra.dot.gov/pages/955.shtml U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
If, after the final 30-day status quo period has expired, a settlement has not been reached, the parties are free to resort to self-help and cannot be enjoined from doing so.
Self-help. The RLA is silent on the scope of allowable self-help available to the parties after they have exhausted the major dispute resolution procedures. However, court decisions have made clear that the scope of permissible self-help is broad, extending considerably beyond the bounds of self-help that would be permitted to employers and unions covered by the National Labor Relations Act ("NLRA").
Courts have ruled, for example, that an RLA union may strike and peacefully picket a carrier with which it has a primary dispute, engage in intermittent work stoppages ( e.g ., "selective" or "rolling strikes"), and secondarily picket other neutral RLA employers (a practice prohibited under the NLRA). For carriers, self-help includes: implementing their proposed contract changes; making a national response to defend against a selective strike that jeopardizes national bargaining, including locking out striking workers and, if the labor contract with non-striking workers permits, other workers; and replacing striking workers. The courts cannot enjoin such self-help activity.
http://crewroom.alpa.org/PCLMEC/Default.aspx?tabid=3241
Self Help -At the end of the cooling-off period(s), both sides are free to engage inself-help. The union has the option to strike and management can impose new working conditions or conduct a lock out.
The company can impose working conditions and wages during the strike and thereafter if the strike is not successful.
Do working conditions include seniority? YES!!
1. It is not clear just what the senioritylist would be.
The West would argue that the company is bound by the Nicolau award, just as USAPA is.
2. The Transition Agreement (LOA 96), which we currently operate under requires the parties to implement the seniority list arrived at by negotiations / arbitration with ALPA.
3. However, the transition agreement disappears with a job action. The company is free to implement terms and conditions of employment including seniority.
4. The legal sites that deal with the Railway Labor act state that the opening offer would be the likely seniority list. LOA 96 predates the Kirby proposal and it says the company will accept the result if it meets the criteria.
· The company might shy away from a DOH list because it was found to be not valid in the Arizona Court in Addington, and the question of whether or not the company can use any list other than Nicolau is currently the subject of litigation in the Arizona Courts.
· When USAPA became the bargaining agent they maintained that they were free to NEGOTIATE something different than the Nicolau award. The key word is NEGOTIATE!
· The Transition Agreement allows the partiesto NEGOTIATE and change that agreement.
THE SINGLE MOST IMPORTANT THING TO REALIZE IS THAT WHEN USAPA BECAME THE BARGAINING AGENT THEY WON THE RIGHT TO NEGOTIATE SOMETHING DIFFERENT THAN THE NICOLAU AWARD.
WHEN NEGOTIATIONS BREAK DOWN AND THE PARTIES ARE RELAEASED TO SELF HELP THE NEGOTIATIONS HAVE STOPPED!
If we did go onstrike and the strike was settled wouldn’t all the strikers be brought back inthe order of the New Seniority list? Yes but there is a big question as to when….
TWA V. FLIGHTATTENDANTS, 489 U. S. 426 (1989)
U.S. Supreme Court
TWA v. Flight Attendants, 489 U.S. 426 (1989)
Trans World Airlines, Inc. v. Independent
Federation of Flight Attendants
No. 87-548
Argued November 7, 1988
Decided February 28, 1989
489 U.S. 426
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE EIGHTH CIRCUIT
Syllabus
Although petitioner airline (TWA) and respondent flight attendants' union (IFFA) pursued all the required dispute resolution mechanisms of the Railway Labor Act (RLA), their negotiations over a new collective bargaining agreementwere unsuccessful. The parties bargained over wages and working conditions, but not over the existing agreement's seniority system, which ensured that the most senior qualified attendant who bid on a vacant job assignment, flight schedule, or base of operation (domicile) would obtain it, and would be least affected by periodic furloughs.
…… TWA refused to displace permanent replacements or junior nonstriking attendants ("crossover" employees) with senior full-term strikers, many of whom were therefore left without an opportunity to return to work. Although a post-strike arbitral agreement guaranteed that all reinstated full-term strikers would be returned to work as vacancies arose and with precisely the seniority they would have had if no strike had occurred.
Held: An employer is not required by the RLA to lay off junior crossover employees in order to reinstate more senior full-term strikers at the conclusion of a strike. Pp. 489 U. S. 432-443.
What else can we lose if we go out any type of legal self help?
· West Pilots have publically stated they will cross USAPA picket lines
· West pilots are current and qualified on East equipment; they require almost no training for domestic flying.
· US Airways CEO Doug Parker has publicly stated that he wants industry consolidation and one of the main benefits of consolidation is being able to downsize the industry and this airline.
· US Airways CEO Doug Parker has publicly stated that approximately 20% of West flying is not profitable.
· The current transition agreement has minimum fleet and block hour guarantees. If we go out on strike the min fleet and block hours are gone, the company can downsize. The company bargaining proposal has drastic changes to scope and no contingency acquisition payments. In a merger we could lose all protections. No matter what your seniority you could be affected.
· The company bargaining proposal has no min fleet and no min block hour guarantees.
· West pilots are already overwater qualified on the 757 and a very short transition course would qualify them for international service.
· The A330 international course is longer but still short for Airbus qualified individuals.
· The company would likely tell West pilots that because there is less profitable flying out West a reduction will occur and your job has moved to PHL, CLT or DCA.
· If there isn’t a seat available yet just wait a little, there will be one soon when an East pilot gives it up, even if temporarily.
· The company offer on Sick and Disability is a 3 year maximum on disability. After three years on disability you are on the street with no payments. Nada…Zip…, you are on your own.
· In the event of a merger if you are waiting for recall you could lose out no matter what your seniority.
What has Doug Parker said about Mergers?
1. Last week, US Airways (NYSE: LCC ) Chief Executive Doug Parker said that his airline was the only dominant carrier left to enter a mergers-and-acquisitions deal, and added that he wasn't averse to aligning with the right partner. Parker, however, said his airline wants to remain a strong stand-alone carrier. Could more consolidation lie just around the corner? ( Motley Fool.com)
2. TEMPE, Arizona (Reuters) – US Airways (LCC.N: Quote, Profile, Research) Chief Executive Doug Parker said on Wednesday he wants the airline to be a strong stand-alone carrier but be ready to merge with another major carrier if the opportunity arises.
3. CHARLOTTE, N.C. -- For the fourth time in four years, Doug Parker is actively chasing his dream of a game-changing airline merger. If there were to be a deal between US Airways (LCC), the company heruns, and UAL's (UAUA) United, Parker would become an icon, a CEO who merged his way to the top of the industry. (http://www.thestreet.com 5/15/08.
4. In a 45-minute interview with The Arizona Republic on Thursday, Parker looked back on the six weeks since the merger bid was announced and ahead to the next few months. He made clear that US Airways has no plans to abandon its run for Delta or raise its offer. (Dawn Gilbertson
The Arizona Republic Dec. 29, 200612:00 AM)
What is the benefit of mergers according to Doug Parker?
US Airways’ Doug Parker on challenges for the airline industry
March 24, 2009 by Evan Sparks
“Demand is growing nicely and this would take more capacity out of the marketplace," Parker says. "If you take capacity out of the market when demand is robust, it's a recipe for raising fares. You're taking away supply when demand is increasing."
http://www.wlwt.com/money/10334373/d...#ixzz1LJrsB6UU
Benefits to consumers are also an issue. A good part of Parker's proposed profit increase comes from eliminating 10% of the capacity of the combined airlines, mostly underutilized short-haul flights.
Onboard the wild ride of DougParker
Barney Gimbel,Fortune writer April 25 2007:8:09 AM EDT
While airlines are generally doing well this year, historically they have lost more than they have made. Parker thinks the only way the airlines can grow up and act like rational businesses is to reduce capacity.
United, US Airways on Consolidation
May 30, 2008
“Not only do Parker and Tilton agree the need to change the way U.S. airlines are managed. For United this means additional capacity cuts on top of the 9% reduction in domestic ASMs already planned by the carrier, while US Airways only goes so far as telling its staff that "we, like all airlines, need to adapt our plans and business models in light of much higher fuel prices."
AviationStrategy
by AviationEconomics
Editor: Keith McMullan
[email protected]
….DougParker's comments pertain strictly to the shakeout of US flag carrier capacity (and the Legacy sector in particular), which could occur under today's laws and regulations.
…..Parker had long argued that deeper cuts in industry capacity were needed to restore a sustainable revenue environment, and he made sure that merger plan eliminated a sizeable chunk of HP/US operations.
…..Capacity cuts will be a major challenge for any US/DL merger. Big cuts would be ideal for long-term viability given considerable network overlap (ATL/CLT, JFK/PHL) and the potential to shed higher Delta costs, and big cuts would provide a powerful boost to industry yields.
So….We have a CEO that wants a merger and the primary benefit of that merger is to reduce airline and system capacity. That sounds nice. I guess we could all help him and go on strike thereby allowing him the opportunity to downsize the airline and merge it while our pilots are on the street carrying picket signs.
What is our union doing now??
Doug Parker
Chairman and CEO
US Airways
111 West Rio Salado Parkway
Tempe, AZ 85281
Labor Day, September 6, 2010
Dear Doug,
USAPA will not be attending the meeting of the US Airways Board of Directors Labor Committee on September 8th. Instead, we will be conducting a picketing event in Philadelphia to rally pilot support for a satisfactory conclusion to our obscenely protracted contract negotiations. We also will bring public attention to the fact that it has been years now that you and your management team have found excuse after excuse to delay negotiations. The pilots have had enough of it! It is time for the public to be made aware of how poorly the pilots and all employees are treated under your watch. Our customers need to know as well that they can expect a legal work stoppage at our earliest opportunity, absent an industry standard contract.
To close this little missive….
· WHEN NEGOTIATIONS BREAK DOWN AND YOU GO ON STRIKE THE COMPANY IS FREE TO IMPOSE TERMS AND CONDITIONS OF EMPLOYMENT.
· USAPA WON THE RIGHT TO NEGOTIATE SOMETHING DIFFERENT THAN THE NICOLAU AWARD.
· IF YOU DON’T NEGOTIATE SOMETHING DIFFERENT YOU GET ; SOME OTHER SENIORITY LIST, THE KIRBY PROPOSAL, or WORSE, NO SCOPE, NO MIN FLEET OR MIN BLOCK HOURS, A SMALL PAY RAISE AND MASSIVE CHANGES TO SICK AND DISABILITY.
· IN A MERGER SCEANIARO WE COULD LOSE ALL PROTECTIONS….
So Let’s all go on strike…..
· We don’t know what seniority list will be imposed.
· There are hundreds of West pilots who want to cross our picket lines.
· Why do youthink the Army of Leonidas is actively supporting Mike Cleary???
Hey; our leadership says we can strike, what could gowrong?
Wait until he starts a cussin' again!
