What's new

AAA ALPA Thread 9-7 to 9-13

Status
Not open for further replies.
BINGO!

Quite an interesting statement coming from you. It is also interesting that you didn't make this point in the immediate aftermath of the Nicolau arbitration. (The law did not change between now and then. This is something many here have been trying to tell you for months.)

The above quote is the essence of why the Nicolau award will ultimately stand. The way the East/West integration was carried out will undoubtedly fall within this "wide range of reasonableness." And in future mergers, if USAPA is successful in the threatened election, USAPA will be given wide discretion in determining seniority.

Now take it one step further: because what is done is done, any new union on the property will in all likelihood be bound by the Nicolau arbitration, the same as it will be bound by the CBA that ALPA agreed to before the change in unions.

Glad to see you're finally coming around, USA320!


I guess many years from now we will see how the courts weigh in. If you think anything is going to happen sooner, you are fooling yourselves. Let's not forget UAL ALAP reordered an existing seniority list to punish it's "SCABS" and the court upheld the right of the union to do this as part of the collective bargaining process.
 
Once again you are posting falsehoods 320.

When there is a change in the union, the new UNION is bound by EVERY arbitration, grievance and CBA, they cannot go in and change seniority nor CBA.

I have given examples at UAL, NWA and WN.

Dont let the Facts of the RLA get in your way.
 
I find it interesting the Federal Courts permitted United to re-order the pilot seniority list after ALPA sued and won the case, but some of the normal "pilot haters" and USAviation.com "naysayers" say it cannot be done in the US Airways-America West pilot seniority integration dispute.

One thing is certain. We will all get to see the Court rule on the US Airways-America West pilot seniority issue because USAPA will become the new bargaining agent for both the East and West pilots in early 2008. With the exact number of cards required to hold an election known in a couple of week's after the last furlough recall class is held, the USAPA uncertainty of the number of votes needed to hold an election will finally be known.

At that point AWA320 and Junebug's ALPA positions will be available to them for about more 90 days and then they will need USAPA approval to hold a union position.

Tic...Toc...Tic...Toc

Regards,

USA320Pilot
 
We have been reading your posts for over a month saying they are going to file.

Seems you dont have enough cards and are just trying to threaten, intimidate and scare other pilots.

Everyone sees right through you.
 
I guess many years from now we will see how the courts weigh in. If you think anything is going to happen sooner, you are fooling yourselves.
It already happened. There is a merged seniority list, and it will be implemented at some point.

East can challenge it, and you are right, that challenge could take many years. But the default for integration is now the Nicolau award, and that will be hard to change (see USA320pilot's quote above explaining that "Federal courts have routinely upheld a union’s right to address seniority issues within a wide range of reasonableness").
 
I find it interesting the Federal Courts permitted United to re-order the pilot seniority list after ALPA sued and won the case, but some of the normal "pilot haters" and USAviation.com "naysayers" say it cannot be done in the US Airways-America West pilot seniority integration dispute.
I am not familiar with this case. Can you provide a cite?
 
Don't you think that if ALPA thought they were getting kicked off property, they wouldn't just hand the list in to get the final laugh in on the east pilots? What would be funny is if NMB ruled they were seperate groups and the west group stayed ALPA. Or better yet, neither union got the 50%+1 of all votes cast. How many more E70s and CRJs would be contracted and added to the fleet, knowing that your previous LOAS would now mean diddly squat? :down:
 
MEC CODE-A-PHONE UPDATE - September 12, 2007

This is Arnie Gentile with a US Airways MEC update for Wednesday, September 12th, with three new items.

Item 1. The MEC reconvened its third quarter meeting this morning and heard from the US Airways Executive Vice President (EVP), Tom Zerbarini. All MEC members and Committee Chairman present addressed the EVP. The common theme was true unionism and unity and many facts were brought forward to substantiate the AAA commitment to the principles of unionism before and after May 3, 2007, when the Nicolau award was announced. Following that, Piedmont Chairman Gordon Daniels addressed the MEC.

The MEC then received a comprehensive Communications and SPC report and spent the remainder of the day processing 10 agenda items in plenary.

Tomorrow, September 13th, the meeting will reconvene at 9 a.m. The schedule includes the processing of items in subcommittee and plenary.

The meeting is being held at the Hilton Charlotte Executive Park located at 5624 Westpark Drive, Charlotte, NC. The phone number for transportation is 704-527-8000. All US Airways pilots are encouraged to attend MEC meeting.

Item 2. Today, US Airways announced plans to hire more than 350 new pilots by the end of 2008, and plans to move 140 Jets for Jobs pilots, who currently fly for US Airways Express carriers, back to their mainline position by April 2008.

Since there has been little or no growth, this move is fueled by US Airways Pilot’s attrition. It is important to note that approximately 1,200 pilots are still on furlough, yet over half are not expected to return due to employee-management relations and questions concerning seniority at the airline. The Company said that the training dates will begin in November 2007 and positions will be filled over the next 12 to 16 months.

Item 3. Several months ago America West pilots negotiated an agreement on Distance Learning Training that pays more in compensation then their current agreement allows, which was then made retroactive to the beginning of the year 2007. The East members of the JNC were never made aware by either management or their West counterparts that this negotiation of enhancements to their current agreement was taking place. This agreement, in addition to being an enhancement to their current agreement, far exceeds the compensation East pilots receive for DLT. To now say that the East pilots cannot negotiate enhancements to their CBA, except under the umbrella of the JNC pursuit for a joint agreement, is nothing short of hypocrisy.

As we said before, the America West MEC has no say in the right of US Airways pilots to negotiate improvements to our contract, including equal pay for equal work, and there is nothing in the Transition Agreement or ALPA Merger Policy to prohibit those negotiations.

News you can use:

W.A.R. Item 911

AB 320PH 2b.10.5 Please reference appropriate PH

Do not start an engine until pushback complete when aircraft is being directed by hand signals only.

Educate to Vacate:

At the May 9th session of the Joint Negotiating Committee, it was revealed to the assembled representatives of both pilot groups and ALPA National, that a project code-named “Project Zanzibarâ€￾ was in place for America West Airlines in 2005, and that the legal papers for a Chapter 11 Bankruptcy filing had been prepared and a plan developed for a America West bankruptcy in the event that the merger with US Airways failed.

Equal pay for Equal Work:

It has been 12 days since September 1, 2007, the start of retro active pay.

Follow the three prong approach, fly safe and thanks for listening.
 
It already happened. There is a merged seniority list, and it will be implemented at some point.

East can challenge it, and you are right, that challenge could take many years. But the default for integration is now the Nicolau award, and that will be hard to change (see USA320pilot's quote above explaining that "Federal courts have routinely upheld a union’s right to address seniority issues within a wide range of reasonableness").


They can't implement it without a single contract and it won't be ALPA negotiating one.

As to UAL reordering an existing seniority list in a subsequent contract, if you read the USAPA attorney's response to one of Praeter's $hitrag letters which had been posted here a month ago you would have caught this.

981 F.2d at 1533.

The UAL case concerned ALPA’s efforts to reverse its post-strike agreement that allocated a higher relative seniority to a group of scabs (the Group of 539) than to pilot trainees (the Group of 570) who had honored the picket line. The agreement was intended to be permanent, with ALPA expressly promising:

it will never seek to challenge [United’s] action … in court or before an arbitrator, nor will it seek to raise the issue of the “Group of 570†relative seniority position as part of any future negotiations … regarding any subject whatsoever.

Id. at 1528-29. When ALPA subsequently succeeded in negotiating a reversal of the two groups’ relative seniority positions, the district court found that ALPA had committed a DFR violation. The Seventh Circuit summed up the district court’s rationale in the following terms:

In other words, once union and management settle a dispute about seniority, the union’s duty of fair representation prevents reopening the issue – for the only outcome is to prefer one group of employees over another in a zero-sum game.

Id. at 1529. Nevertheless, the Seventh Circuit Court of Appeals reversed the district court’s decision.

The Seventh Circuit acknowledged that ALPA “detested†the scab pilots and “wanted revenge.†This hostility, however, did not invalidate the rational objective of addressing the harm suffered by the trainees who had been loyal to ALPA; much like the TWA pilots’ wielding of its majoritarian power did not detract from the legitimate goal of dovetailing as a means of serving “the interests of labor as a whole.â€

As to ALPA’s commitment to the permanency of the pre-existing seniority arrangement, the Seventh Circuit stated:

“Forever†in labor relations means “until the next collective bargaining agreement.†Excepting vested rights, a promise lasts only until renegotiation or the expiration of the agreement. Litton Financial Printing Division v. NLRB, 115 L. Ed. 2d 177, 111 S. Ct. 2215, 2226 (1991).
 
Reasons for a Senior US Airways Pilot to Send in their Authorization Card

To my fellow US Airways pilots,

I have been an ALPA member in good standing for over twenty nine years and currently hold seniority number 70 on the system seniority list. I’ve had other pilots tell me that since I have been unaffected by the recent arbitration award that I really don’t have a dog in this fight. Nothing could be farther from the truth. While the current catalyst for change is the unfair arbitration award, the reasons for breaking our long standing affiliation with ALPA run far deeper than just that one issue. ALPA’s basic structure is flawed. Our union is made up of many separate pilot groups that have conflicting financial and career goals. We are competing with each other for the same piece of the airline pie. Please remember that both the United and Delta pilots engaged in a letter writing campaign that was directed at putting US Airways out of business. If that is the face of a national union then I want nothing to do with it. Also keep in mind that we have a bloated top heavy national leadership that is EARNING obscene salaries at your expense while doing absolutely nothing for the US Airways pilots.

I say that it is long past time to replace ALPA with an in house union whose sole responsibility is to the US Airways pilots. In the late 80’s I supported the formation of an in house union and regrettably not enough of you supported that effort. I believe that had we succeeded then, that we would never have lost our pension. While it’s too late to change that now, looking forward we can prevent more travesties like that from occurring in the future. We, with ALPA representation, have lost our pensions, vacation time, duty rigs, pay and respect. And now many of you face the loss of seniority as well. I say ENOUGH IS ENOUGH.

As I said earlier, the decision to leave ALPA should not be decided on one issue alone. However, having said that, the current seniority crisis is certainly one of the biggest problems that this pilot group has ever faced. Unlike the loss of our pension, it is not too late to fix this problem. Do not look to ALPA to fix it for you.

ALPA may not be able to fix this problem even if they wanted to and their indecisive response indicates to me that they do not have the will or courage to stand up and do what is right. I believe that replacing ALPA is the only possible way to rectify this injustice. Right now there are a very dedicated, hard working group of pilots taking steps to replace ALPA with an in house union. They can not, nor should they have to do it alone. This is a fight that all of us share. Don’t sit on the sidelines and hope someone else will preserve your seniority for you.

Get involved and help both with your time and money. This process will not be cheap although I believe it will be much less than you are spending in ALPA dues. The return on your investment could be huge. I and others have already contributed a substantial amount of money to this effort.

Fraternally,
Captain Ed Campbell


--------------------------------------------------------------------------------

"The History of ALPA in Nine Paragraphs"

Well, another Labor Day is upon us and what is the current state of airline pilots in America? Yet another year has passed, and there are still no pensions, no nice paycheck increases, no schedules that even resemble what they were a mere dozen years ago (I guess so much for "Schedule with Safety" crap). In fact, if one cares to take an even closer look, one can discover that a NYC taxi cab driver can make more money today than a widebody airline Captain, which pretty much says it all. And all of this takes place while a new ALPA leader claims we are going to "take it back," whatever the true definition of "it" is.

I have been officially "retired" for over two years now, and can truthfully say I am happy to be there. This, after working many low-paying, long hour jobs to get my position with Eastern back in 1970, a lifetime ago. Back then, I really thought I had arrived. Instead of "arriving" today we all should ask ourselves, "Where did it go?" and more importantly, "How did it get away?" If one looks back on the sordid history of ALPA, it is pretty clear what happened, and the downhill slide began with JJ O'Donnell, a former Eastern pilot, at the ALPA helm. O'Donnell's first really big test as ALPA President came with the institution of airline deregulation that was first proposed by Gerald Ford, with the help of the esteemed Senator from Massachusetts Ted Kennedy and then-CAB Chairman Mr. Alfred Kahn, and instituted by the one-term loser, Jimmy Carter. Back then I was serving my first term as an elected MEC Rep from Eastern's NY base, under the expert tutelage of Skip Copeland. Skip and I spent many long hours going over and over where deregulation would ultimately wind up, and who would be the most impacted by it, finally coming to the conclusion that due to the internal ALPA structure all ALPA-represented airline pilots would eventually be negatively impacted, but not at the same time, for a number of reasons. But the real bugaboo was ALPA's structure, which meant that the pilots from different airlines would salivate over the demise of their "brothers," because their "brothers'" pain and suffering would mean many more promotions for the survivors--that is until it became "their turn in the barrel," so to speak. But ALPA did have a weapon that could have been branded, and all it would take was some true leadership and lots of communications. It didn't take any special genius to see who was targeted by the anti-labor airline deregulation, but the first needed step was to remove the blinders, cut the bullshit and understand what the term "deregulation" really meant from a workers perspective. This meant that the vast majority of airline pilots had to first view themselves as--gasp-- workers. But, even though Copeland and I proposed a national Stoppage Of Service at the '78 ALPA BOD meeting, O'Donnell and vast majority of the BOD chose to ignore our call to arms through a SOS, and instead focus on "business as usual." Hell, the BOD even turned down our suggestions for a national pilot contract, which in Skip's uncanny words of wisdom would have "locked in pilot wages like a gallon of fuel," meaning everyone would be paid the same, so there could be no playing off one group against the other. Next, our proposal for a prospective national seniority list was also turned down, as was another proposed top echelon ALPA committee to look into the long term effects of deregulation on airline pilots. Great ALPA representation--no?

So, while deregulation quickly became the "law of the land" because of no ALPA opposition, not one person from ALPA ever even lifted a finger to truly enforce the flimsy requirement that those put out of work because of deregulation had to be the first hired at other carriers--just ask the Braniff guys about that. Next came the air traffic controllers strike, followed by Reagan's scabs and with it another blown chance for O'Donnell to take the side of labor. What happened this time? He again sold out to the Washington politicians, took to the airwaves and lied when told the American traveling public that the air traffic control system was "safe," in spite of the fact that he knew it wasn't. He knew because many of his own pilots were telling him it wasn't. I am proud to say that Council 51--Skip and my Council--was the only one in ALPA to publicly call on Reagan to rehire the controllers. Sure, there were problems with some individual controllers, but these paled in comparison to what Reagan's actions against them meant to every American worker, including airline pilots. But O'Donnell sat there with his thumb up his ass doing nothing, but no doubt praying every night there would be no midairs or other type of controller-induced calamity.

Then came the crew complement issue, when O'Donnell let the political hacks decide how many pilots we--those of us who did it every day--needed to safely fly the new generation of airlines coming off the assembly line. I clearly remember addressing the BOD from the podium and telling them if they agreed to this inane idea that we would soon be flying the 747 with 2 pilots, and I was practically heckled off the podium with cries of, "We will never fly the 747 with 2 pilots!" The rest is history.

When the ALPA BOD finally threw out O'Donnell, they put Hank Duffy in his place, yet another 3-piece empty foreign-made suit who thought that he and the ALPA pilots could fight the likes of Lorenzo with the capitalists tool, money, instead of every ALPA-represented pilot in America getting down and dirty and hitting the bricks over what Lorenzo did to the CAL pilots. Ah, but that brings us back once again to that dirty little ALPA internal structure that dictates when a "brother" is hurting, another "brother" benefits from his pain.

Babbitt then came next. Yes, the same Babbitt who compared ALPA National to a "mother ship" that had all these little boats in the form of the pilots from the various ALPA-represented airlines tethered to it. This Einstein went on to explain that when one of the little boats began to founder, it had to be cut off, so it wouldn't sink the "mother ship," and that was exactly what ALPA National did to the Eastern pilots--cut them off. Now that might sound innocent enough, but it's not when you think of it in terms of the human toll; the suicides, divorces, kids removed college, homes sold, lives destroyed by the anxiety and suffering. These are all of the items a true union is there to prevent, not enable, but then again, Mr. Babbitt now is out there peddling his services to the highest bidder, just like, oh well, you know.

Speaking of enabling, I could go on and on about the recent pension, pay and work rule giveaways that Babbitt's successor, Mr. Woerthless enabled, but there is no need to do that because their actions are painfully burned into our recent memories, and hopefully, Woerthless and his cronies will be held accountable in both a Court of Law and in the Court of public opinion.

You might wonder what is next on the anti-labor, anti-pilot agenda? Well, if you take a look in that Copeland-type of crystal ball, you can clearly see that having foreigners fly our domestic routes is bearing down on us at about Mach .84. Think of things like "Virgin America," etc. And what will ALPA do about this? I think we all know that answer, because reality dictates that with the same internal structure still in place and the sad, sad story of what the ALPA "leadership" has done to a once-proud profession, means it will be impossible to "Take it back." Instead, a better slogan might be, "More of the same to come."

All I ask is that you ponder the foregoing during this long Labor Day weekend when we celebrate the true labor leaders of yesteryear and not the phonies who have now taken their place on the dais. Also think of where the ALPA policy of always taking the perceived easy way out has gotten us. And, while you're at it, say a silent prayer for those who paid so dearly for this unwritten ALPA policy.

Fraternally,

George


--------------------------------------------------------------------------------

Dear Mr. Parker:

I read with interest, the newspaper account of Captain Pate's removal from their own Charlotte Crew Room, of certain US Airways Pilots.

These pilots are advocates for the US Airline Pilots Association, a labor union competing to supplant ALPA as the Collective Bargaining Agent for your pilots. They were informing their fellow pilots on the subject of USAPA. I believe that these pilots were assembling, in a legal and orderly fashion.

Because of the actions of the Charlotte-Chief Pilot, Captain Pate, I find it difficult to escape the conclusion that you and your Management team favor the continuation of ALPA, as your opposition at the bargaining table, etc. This speaks volumes to me, both about our management, and your willingness to take up the cause of ALPA, and ALPA themselves.

In other words, given the current shabby and disparate treatment of the US Airways East pilots; the lack of equivalent pay, compensation for training, vacation, and so much else, I am not sure that your tacit endorsement of ALPA, through your attempted quashing of USAPA, is an endorsement that any labor union would wish upon itself. Can it be that you are very comfortable with the relationship you have with our current union?

Let me say, if I were in your position, I too, would be very happy with the status quo! Getting the more experienced and profitable airline, as you currently do, at usury rates of pay and benefits, is a Wharton School Wet Dream! It is also reflective of very short-sighted management thinking, sadly.

While it is still far from certain that USAPA is about to replace ALPA as your "loyal opposition" here at US Airways; I must admit, (as do you, Mr. Parker) that such appears more likely every day. Should that happy day arrive, you and the management of US Airways would be well served, in retrospect, to have at least appeared to be properly neutral.

Here is something to consider, while you weigh the pros and cons of bargaining with USAPA. Your fervent wish, last year, was the consummation of the purchase of Delta Airlines.

This did not come to fruition, for a number of reasons; not the least of which was the strident opposition of the pilots of Delta Airlines. They, with the full support of ALPA International, brought to bear, economic, media and political pressure to kill the purchase. You see, ALPA's divided loyalties, undid you and your aspirations, just as they have undone those of the pilots of US Airways, many times in the past.

Our MEC, despite seeing certain advantages in the deal, (to be fair, there were many down-sides, too), were held in check from full expression of support, by the edicts of ALPA International, who bent to the will of the pilots of Delta.

Had you been dealing with USAPA, that complication at least, would not have been part of your frustration and ultimate defeat. My point is, an airline specific Union, such as USAPA, will, more often than not, have goals much more in line with your own, than will ALPA, who serves the airline with the biggest check book.

We advocates for USAPA are not wild-eyed radicals. We think this change can be a "win-win" situation for you and us.

If you are not convinced fully, I hope at least you will instruct your managers to conform to the Labor Laws of this nation, and allow USAPA to pursue our goal, of bringing better, more democratic and US Airways focused representation to your pilot employees and to the bargaining table.

A prospering US Airways, so long as that includes prospering pilots are a mutual benefit and a goal we can together, achieve; free from the extraneous manipulations of ALPA International.

Sincerely:

Captain Elwood Menear PHL
 
There is no law that forces a company to let a competing union on company grounds for organizing.

Looks like 320 and USAPA have no idea about organizing.
 
There is no law that forces a company to let a competing union on company grounds for organizing.

There also is no law that "forces" a company to eject an organizing union.

It is entirely within the company officials purview to ask or not ask someone to leave company "property".
 
P51Pilot,

P51Pilot said: "They can't implement it without a single contract and it won't be ALPA negotiating one."

USA320Pilot comments: Good point.

Regards,

USA320Pilot

P.S. Another day without having to read 700UW's nonsense!
 
Status
Not open for further replies.

Latest posts

Back
Top