July 20, 2007
Dear Fellow Pilot,
I am writing to report to you on this week’s developments concerning seniority integration and collective bargaining for US Airways and America West.
The ALPA Executive Council met on Tuesday of this week for a full day of intense dialogue with both the AAA and AWA MECs. The session took place in the House of Labor – AFL-CIO headquarters in Washington, DC. The discussion was led by three members of the Rice Committee (Capt. Paul Rice, first vice president, Capt. Ray Miller, NWA, and Capt. Dave Webb, FDX) – the special committee set up by the Executive Council to work with the two MECs to find solutions to our present issues. Deliberations centered on the represnetatives’ views as to the seniority award and various collective bargaining solutions to the present situation.
The result was an increased understanding on everyone’s part as to the true nature of the difficult issues confronting us. Of equal importance, the deliberations formed the basis for significant action in the Executive Council on Thursday evening, July 19. The action was embodied in a unanimous Executive Council resolution, which is attached to this letter. I urge you to read it in its entirety.
In is resolution, the Executive Council took a hard look at the realities. As the Executive Council observed first and obviously, the seniority award “has generated considerable controversy, including strong condemnations and strong defense†– contrasting views that “present issues of great importance just at the time when our profession, led in part by the AAA and AWA pilots, is poised to make significant strides toward recovery†from concessions of the past several years.
The Council observed that union leadership needs to “take all such concerns into account†and “attempt to maintain bonds of trust and solidarity – the foundation of our great trade union.†As the same time, as the Council noted, union leadership is required “to function within the boundaries laid down†by our elected representatives. The Council described those boundaries concerning seniority integration in an effort to end confusion as to the respective roles of ALPA, the MECs, and the MECs’ merger representatives.
First, Merger Policy provides that “responsibility for the merged seniority list falls upon the respective merger representatives†and that ALPA’s role in seniority “is solely to provide the process by which the affected pilot groups arrive at the merged seniority list…through their respective merger representatives.†Further, because Merger Policy states that “what appears to be truly ‘fair and equitable’ often differs depending upon the eyes of the beholder,†it provides that “ALPA National†is required to remain “in a neutral position on the merits†of any seniority integration.
The jurisdiction of the Executive Council in response to the AAA request to set aside the Award is limited in determining whether ALPA provided the process specified in Merger Policy. In this case, the Council took note that “no evidence has been presented of any impropriety in any aspect of the process which would support finding that ALPA has not provided the exact process that it was obligated to provided.†The Council did not conclude, however, that this fact should in any way end it involvement with the present problem, and the Council retains jurisdiction at this time over the AAA MEC request concerning the award. Because Merger Policy calls for collective bargaining as well as seniority integration, the Executive Council found that “Merger Policy must at all times be interpreted and applied in the most practicable manner so as to achieve actual results in the interests of the flight deck crewmembers involved rather than stalemate and deadlock that lead nowhere.â€
Thus the problem facing the AAA and AWA pilots, the Council found, are far broader than whether ALPA provided the required process for the MECs and their merger representatives. Under Merger Policy and the terms of the Transition Agreement, there is no schedule specified to present a merged seniority list to US Airways management absent other agreement of the parties – US Airways may not use a merged seniority list without a merged collective bargaining agreement – and no such merged CBA can tale effect without a separate membership ratification votes of the AAA and AWA membership. But, as the Council found, “serious issues exist affecting the ability of both groups to complete and ratify a merged collective bargaining agreement which would provide the basis for implementation of the Award at this time.†At the same time, the AAA and AWA pilots have worked for years under concessionary terms and need to get back on the road to “taking it back,†not only for themselves by for the entire profession.
Given all of this, the Executive Council decided that our union’s resources should be devoted to brining about practical result through the efforts of the Executive Council, the Rice Committee, the MECs and the joint negotiating committee, and that other action on the agenda item is not called for at this time. The practical results may include merged agreements, umbrella agreements, or multiple agreements. The Executive Council believes that, with terms of its limited jurisdiction clarified, there is now clear basis for full cooperation with this process on the part of both MECs.
Brothers and sisters, ALPA is your union – the pilots’ union – and it is not going to stop working until we get to collective bargaining outcomes that achieve the goals described above. It will take work, and good faith, without our union. At the problems won’t go away by looking for some other organization. Let’s get on with the work of providing good pay, good benefits, and good work rules, and career protection for all of the pilots of US Airways.
In Solidarity,
Capt. John H. Prater, President
_________
USA320Pilot comments: The ALPA EC did not vacate or pass on the Nicolau Award to the company. Moreover, the Executive Council decided that is resources should be devoted to brining about practical result through the efforts of the EC, the Rice Committee, the MECs and the JNC, and that other action on the agenda item is not called for at this time.
The EC said, "practical results may include merged agreements, umbrella agreements, or multiple agreements."
In my opinion, the EC realizes there will be no joint contract until the Nicolau Award dispute is settled per the satisfaction of the East pilots, and interestingly, at the same time, the AAA and AWA pilots have worked for years under concessionary terms and need to get back on the road to “taking it back,†not only for themselves by for the entire profession.
Why is this important? I believe because of hte "monkey see, monkey do" mentality of other airline labor negotiations and management's desire throughout the industry to have similar costs across-the-board.
Therefore, without a new joint contract with improved pay and benefits for all US Airways pilots, this could prevent the rest of the industry from seeing improvements too.
Finally, I believe the "practical results may include merged agreements, umbrella agreements, or multiple agreements" includes one of three options: 1. a single contract for both groups, 2. separate contracts and separate operations, and 3. Section 6 bargaining for the AWA pilots and AAA pilots, as presented by the Rice Committee earlier this week.
As Garland Jones indicated earlier this week, the only realistic solution, is to keep these two operations separately indefinitely. As I pointed out at the meeting, "indefinitely" means that there's no intent to ever put the operations together, thereby making the Nicolau Award totally irrelevant in our yet to be negotiated Separate Operations Agreement. And being totally irrelevant, the Nicolau Award can then sit on a self in the archives of ALPA in perpetuity, with no need of the Executive Council to ever release it.â€
_________
US Airways ALPA MEC CHAIRMAN’S MESSAGE - July 20, 2007
This is MEC Chairman Jack Stephan with a Chairman’s Message to the pilots for Friday, July 20, 2007.
Late last night ALPA’s Executive Council (EC) passed a resolution concerning the AAA/AWA Seniority Integration Award. The resolution, background information and a cover letter from ALPA President, Captain John Prater, is now posted under “What’s New†on the pilot’s only website.
Our initial reading of the document is positive as it does not seem to harm the position of the AAA pilots. The resolution does not deny our request to have the Nicolau award overturned nor does it authorize the list being sent to US Airways. The EC is of the opinion that taking any action at this time would not be appropriate. A careful reading of the resolution will outline the Executive Council’s stated jurisdiction and role with regard to seniority integration under ALPA Merger Policy and also their acknowledgement of the importance of the issues facing both pilot groups as well as to every member of the Association.
The resolution states that “merger policy calls for a contract negotiation and agreement process as well as seniority integration, making it evident merger policy must at all times be interpreted and applied in the most practicable manner so as to achieve actual results in the interests of the flight deck crew members involved rather than stalemate and deadlock that lead nowhere.†The resolution also directs that the work of the Rice Committee be continued to assist both MECs and the JNC in achieving the goal of developing consensual approaches that promote mutual career protection and mutual success, as part of achieving acceptable collective bargaining outcomes that improve pay, benefits, work rules and job security for both groups. After this committee has had an opportunity to work with both groups and report back, the EC will then consider whether or not further action on this issue is warranted.
The AAA MEC will be meeting in special session next Tuesday and Wednesday to discuss the Executive Council resolution. We will have the opportunity at that time to hear more about the resolution from some of our National Officers and legal counsel. The MEC will also continue discussions on some of the collective bargaining options brought forward by the Rice Committee at the special joint meeting of the MECs earlier this week.
As I’ve promised you from the beginning, your MEC continues to explore all options in protecting and promoting your careers as AAA pilots. ALPA National also realizes that they must be a part of any solution. To that end, Captain Prater has committed all the resources of his Office and of the Association to assist us as we move forward. I ask that you give your MEC and that you give this process a chance. Too much is at stake for us not to consider any option that might prove to be the path to address our deep rooted concerns with the Nicolau award.
Expect to hear more about your MECs deliberations next week. Stay in close contact with your elected representatives. Stick with our “Three Pronged Approach†and stick with each other. And as always, fly safe and thanks for listening.
Regards,
USA320Pilot
Dear Fellow Pilot,
I am writing to report to you on this week’s developments concerning seniority integration and collective bargaining for US Airways and America West.
The ALPA Executive Council met on Tuesday of this week for a full day of intense dialogue with both the AAA and AWA MECs. The session took place in the House of Labor – AFL-CIO headquarters in Washington, DC. The discussion was led by three members of the Rice Committee (Capt. Paul Rice, first vice president, Capt. Ray Miller, NWA, and Capt. Dave Webb, FDX) – the special committee set up by the Executive Council to work with the two MECs to find solutions to our present issues. Deliberations centered on the represnetatives’ views as to the seniority award and various collective bargaining solutions to the present situation.
The result was an increased understanding on everyone’s part as to the true nature of the difficult issues confronting us. Of equal importance, the deliberations formed the basis for significant action in the Executive Council on Thursday evening, July 19. The action was embodied in a unanimous Executive Council resolution, which is attached to this letter. I urge you to read it in its entirety.
In is resolution, the Executive Council took a hard look at the realities. As the Executive Council observed first and obviously, the seniority award “has generated considerable controversy, including strong condemnations and strong defense†– contrasting views that “present issues of great importance just at the time when our profession, led in part by the AAA and AWA pilots, is poised to make significant strides toward recovery†from concessions of the past several years.
The Council observed that union leadership needs to “take all such concerns into account†and “attempt to maintain bonds of trust and solidarity – the foundation of our great trade union.†As the same time, as the Council noted, union leadership is required “to function within the boundaries laid down†by our elected representatives. The Council described those boundaries concerning seniority integration in an effort to end confusion as to the respective roles of ALPA, the MECs, and the MECs’ merger representatives.
First, Merger Policy provides that “responsibility for the merged seniority list falls upon the respective merger representatives†and that ALPA’s role in seniority “is solely to provide the process by which the affected pilot groups arrive at the merged seniority list…through their respective merger representatives.†Further, because Merger Policy states that “what appears to be truly ‘fair and equitable’ often differs depending upon the eyes of the beholder,†it provides that “ALPA National†is required to remain “in a neutral position on the merits†of any seniority integration.
The jurisdiction of the Executive Council in response to the AAA request to set aside the Award is limited in determining whether ALPA provided the process specified in Merger Policy. In this case, the Council took note that “no evidence has been presented of any impropriety in any aspect of the process which would support finding that ALPA has not provided the exact process that it was obligated to provided.†The Council did not conclude, however, that this fact should in any way end it involvement with the present problem, and the Council retains jurisdiction at this time over the AAA MEC request concerning the award. Because Merger Policy calls for collective bargaining as well as seniority integration, the Executive Council found that “Merger Policy must at all times be interpreted and applied in the most practicable manner so as to achieve actual results in the interests of the flight deck crewmembers involved rather than stalemate and deadlock that lead nowhere.â€
Thus the problem facing the AAA and AWA pilots, the Council found, are far broader than whether ALPA provided the required process for the MECs and their merger representatives. Under Merger Policy and the terms of the Transition Agreement, there is no schedule specified to present a merged seniority list to US Airways management absent other agreement of the parties – US Airways may not use a merged seniority list without a merged collective bargaining agreement – and no such merged CBA can tale effect without a separate membership ratification votes of the AAA and AWA membership. But, as the Council found, “serious issues exist affecting the ability of both groups to complete and ratify a merged collective bargaining agreement which would provide the basis for implementation of the Award at this time.†At the same time, the AAA and AWA pilots have worked for years under concessionary terms and need to get back on the road to “taking it back,†not only for themselves by for the entire profession.
Given all of this, the Executive Council decided that our union’s resources should be devoted to brining about practical result through the efforts of the Executive Council, the Rice Committee, the MECs and the joint negotiating committee, and that other action on the agenda item is not called for at this time. The practical results may include merged agreements, umbrella agreements, or multiple agreements. The Executive Council believes that, with terms of its limited jurisdiction clarified, there is now clear basis for full cooperation with this process on the part of both MECs.
Brothers and sisters, ALPA is your union – the pilots’ union – and it is not going to stop working until we get to collective bargaining outcomes that achieve the goals described above. It will take work, and good faith, without our union. At the problems won’t go away by looking for some other organization. Let’s get on with the work of providing good pay, good benefits, and good work rules, and career protection for all of the pilots of US Airways.
In Solidarity,
Capt. John H. Prater, President
_________
USA320Pilot comments: The ALPA EC did not vacate or pass on the Nicolau Award to the company. Moreover, the Executive Council decided that is resources should be devoted to brining about practical result through the efforts of the EC, the Rice Committee, the MECs and the JNC, and that other action on the agenda item is not called for at this time.
The EC said, "practical results may include merged agreements, umbrella agreements, or multiple agreements."
In my opinion, the EC realizes there will be no joint contract until the Nicolau Award dispute is settled per the satisfaction of the East pilots, and interestingly, at the same time, the AAA and AWA pilots have worked for years under concessionary terms and need to get back on the road to “taking it back,†not only for themselves by for the entire profession.
Why is this important? I believe because of hte "monkey see, monkey do" mentality of other airline labor negotiations and management's desire throughout the industry to have similar costs across-the-board.
Therefore, without a new joint contract with improved pay and benefits for all US Airways pilots, this could prevent the rest of the industry from seeing improvements too.
Finally, I believe the "practical results may include merged agreements, umbrella agreements, or multiple agreements" includes one of three options: 1. a single contract for both groups, 2. separate contracts and separate operations, and 3. Section 6 bargaining for the AWA pilots and AAA pilots, as presented by the Rice Committee earlier this week.
As Garland Jones indicated earlier this week, the only realistic solution, is to keep these two operations separately indefinitely. As I pointed out at the meeting, "indefinitely" means that there's no intent to ever put the operations together, thereby making the Nicolau Award totally irrelevant in our yet to be negotiated Separate Operations Agreement. And being totally irrelevant, the Nicolau Award can then sit on a self in the archives of ALPA in perpetuity, with no need of the Executive Council to ever release it.â€
_________
US Airways ALPA MEC CHAIRMAN’S MESSAGE - July 20, 2007
This is MEC Chairman Jack Stephan with a Chairman’s Message to the pilots for Friday, July 20, 2007.
Late last night ALPA’s Executive Council (EC) passed a resolution concerning the AAA/AWA Seniority Integration Award. The resolution, background information and a cover letter from ALPA President, Captain John Prater, is now posted under “What’s New†on the pilot’s only website.
Our initial reading of the document is positive as it does not seem to harm the position of the AAA pilots. The resolution does not deny our request to have the Nicolau award overturned nor does it authorize the list being sent to US Airways. The EC is of the opinion that taking any action at this time would not be appropriate. A careful reading of the resolution will outline the Executive Council’s stated jurisdiction and role with regard to seniority integration under ALPA Merger Policy and also their acknowledgement of the importance of the issues facing both pilot groups as well as to every member of the Association.
The resolution states that “merger policy calls for a contract negotiation and agreement process as well as seniority integration, making it evident merger policy must at all times be interpreted and applied in the most practicable manner so as to achieve actual results in the interests of the flight deck crew members involved rather than stalemate and deadlock that lead nowhere.†The resolution also directs that the work of the Rice Committee be continued to assist both MECs and the JNC in achieving the goal of developing consensual approaches that promote mutual career protection and mutual success, as part of achieving acceptable collective bargaining outcomes that improve pay, benefits, work rules and job security for both groups. After this committee has had an opportunity to work with both groups and report back, the EC will then consider whether or not further action on this issue is warranted.
The AAA MEC will be meeting in special session next Tuesday and Wednesday to discuss the Executive Council resolution. We will have the opportunity at that time to hear more about the resolution from some of our National Officers and legal counsel. The MEC will also continue discussions on some of the collective bargaining options brought forward by the Rice Committee at the special joint meeting of the MECs earlier this week.
As I’ve promised you from the beginning, your MEC continues to explore all options in protecting and promoting your careers as AAA pilots. ALPA National also realizes that they must be a part of any solution. To that end, Captain Prater has committed all the resources of his Office and of the Association to assist us as we move forward. I ask that you give your MEC and that you give this process a chance. Too much is at stake for us not to consider any option that might prove to be the path to address our deep rooted concerns with the Nicolau award.
Expect to hear more about your MECs deliberations next week. Stay in close contact with your elected representatives. Stick with our “Three Pronged Approach†and stick with each other. And as always, fly safe and thanks for listening.
Regards,
USA320Pilot
