Is USAPA's Protocol Agreement Approach Playing With Fire?
Before I offer my suggestions on how USAPA can get itself out of this potentially devastating Phyrric problem, let me discuss a few other points. Why? I believe USAPA is once again not being transparent, they’re being dishonest, and they have placed our SLI at risk of being an AA-TWA type of integration many pilots rightfully fear.
Fact #1: According to AAG, “The parties mutually agreed to extend the deadline for negotiation of a Protocol Agreement until February 18, 2014.”
Fact #2: According to AAG, “Despite the exchange of various proposals between the parties, an agreement could not be reached on a Protocol Agreement by the February 18 deadline.”
Fact #3: According to APA, “APA further asserts that, as of the date of Mr. Jones’ email, the parties had reached agreement on “a method for arbitrator selection.”
Fact #4: “On February 20, 2014, USAPA President Captain Gary Hummel sent a letter to NMB Chief of Staff Daniel Rainey, at his office in Washington, D.C., requesting a list of seven arbitrators pursuant to Section 13(a) of the Allegheny-Mohawk LPPs and the McCaskill-Bond Amendment.”
Chip’s comments: It is very likely from the time line above USAPA had no intent of reaching a Protocol Agreement with APA and AAG because shortly after USAPA pulled out of Protocol Agreement talks the union filed its request with the NMB and then filed its next lawsuit in District Court.
Questions #1: How come USAPA has not provided the pilots the “various proposals” for the Protocol Agreement? Where is the transparency? Why is USAPA not providing the pilots basic information on the M-B ground rules? Why is USAPA not providing us all of the information, again?
Question #2: USAPA was negotiating with APA and AAG on the Protocol Agreement and according to APA “as of the date of (AAG attorney) Mr. Jones’ email, the parties had reached agreement on a method for arbitrator selection.” Why did USAPA renege on a method of arbitrator selection and then submit its request for a single arbitrator arbitration before SCC, which clearly violates USAPA’s contract, the RLA, and contract law, again?
Conclusion: It is highly likely that during Protocol Agreement discussions USAPA had no intention of reaching a Protocol Agreement. And, the union is playing with fire because if the union’s NMB request is denied and USAPA’s complaint filed in the Court for the District of Columbia is denied or USAPA loses the case -- APA will have total control of the ISL process. This All or Nothing approach could produce another AA-TWA type of ISL result.
Furthermore, why has USAPA taken this approach and is not telling the pilots all of the facts? I believe APA and AAG have made it perfectly clear they will not proceed with a 2-way M-B ISL arbitration because of AOL’s DFR and liability threat. USAPA is doing everything it can to prevent the West pilots from having their own seat at the M-B ISL arbitration table. This approach; along with Pat Szymanski’s testimony in Judge Silver’s court, has placed US Airways’ pilots at serious risk of APA deciding the US Airways pilot’s ISL future after SCC where USAPA could be left being a pizza delivery man, if it wants to get close to any ISL activity.
Therefore, I strongly believe it’s in the best interests of all US Airways pilots, East and West, to obtain a seats at the M-B arbitration table, to obtain a F&E arbitration result. To do so USAPA should inform the NMB it agrees to participate in the M-B with the arbitration and dispute arbitrator selection method previously agreed to in the MOU and the union will then withdraw its M-B lawsuit filed in the Court of the District of Columbia.
In exchange for these actions I believe USAPA should propose to both APA and AAG to re-write two sections of APA’s January 17, 2014 Draft Protocol Agreement. My recommended changes are:
Revision 1 - Paragraph 2.A.: “Effective on or after the date the NMB determines the representation of the combined pilot class and craft of the New American, the Organization, if any, designated by the NMB, as the duly designated representative of the combined class and craft (“the Organization”), shall recognize and support three Merger Committees (MC), APA MC, Legacy US Airways East Pilot MC, and US Airways West Pilot MC, as are required to independently with autonomously represent, for seniority integration purposes, the pilots of the pre-merger seniority lists as independently described by each of the three MC’s in the combined class and craft. Consistent with the MOU, this Protocol Agreement, the duty of fair representation, and the Organization’s other legal obligations, the Organization shall delegate to such Merger Committees authority to act for and on the behalf of the pilots on their respective pre-merger seniority lists for purposes of concluding an integrated seniority list. Once designated, each MC shall fill its own vacancies, select their own merger counsel, and maintain all rights and responsibilities as an autonomous committee.”
Revision 2 – Paragraph 18: “One half of the $4 million provided for in paragraph 7 of the MOU shall be allocated for reimbursement of expenses incurred by the Merger Committee of representing the American pilots, and one half incurred by the Merger Committee(s) Representing the US Airways pilots (notice there are multiple merger committees to receive money from AAG). USAPA is further permitted, from its own treasury, to equally fund both the legacy US Airways East and US Airways West Merger Committees as decided by the BPR prior to SCC.
In conclusion, is USAPA’s efforts to prevent the West pilots from having their own seat at the M-B table, which is an “All or Nothing” approach that could produce another AA-TWA type of ISL result, worth the risk of Judge Silver’s “Phyrric victory” coming to fruition? And, for years USAPA’s zealots have cried and demanded a “Nic-Do-Over.” But, what when presented with that opportunity the brilliant minds located at USAPA’s WWHQs have said “no.” Once again, is USAPA playing with fire and opening the door for APA to decide the US Airways pilot’s placement on the New American’s ISL with the start of the staple job the implementation of the Nicolau Award?