U·S AIRWAYS
4000 E. Sky Harbor Blvd.
Phoenix, AZ 85034
September 26, 2008
Captain John McIlvenna
Phoenix, Arizona 85044
Re: Transition Agreement Grievance
Dear Captain McIlvenna:
This will respond to the grievance dated July 30, 2008, regarding your downgrade to a First Officer position while East pilots junior to you on the seniority list issued by Arbitrator George Nicolau pursuant to the ALPA merger policy continue to hold Captain positions. Because the underlying claims you have asserted arise under the terms of the Transition Agreement that was reached with ALPA on September 23, 2005, please be advised that the Company and USAPA have agreed to process your grievance in accordance with the procedures set forth in Section X of the Transition Agreement.
Although, by its terms, the Transition Agreement provides for the submission of issues for resolution by the "parties" to that Agreement (i.e., the airline(s) and the
union), the Company and USAPA have agreed, on a non-precedential, non-referable basis, to allow your grievance to proceed through the dispute resolution processes of the Transition Agreement.
In your grievance, you contend that the Company and ALPA suspended negotiations over the terms of a single agreement covering the East and the West pilots in June 2007, and that such negotiations did not resume for at least twelve (12) months after the issuance of the seniority integration award issued by Arbitrator Nicolau on May 1, 2007.
According to your grievance, the Company was therefore obligated to commence Operational Pilot Integration under Section VI of the Transition Agreement by implementing Arbitrator Nicolau's award no later than May 1, 2008, twelve months after that award was issued. You believe that, under the Nicolau award, your position on the combined seniority list would allow you to retain your present Captain position, and you would not have to be downgraded to a First Officer job.
The Company disagrees both with your recitation of the facts involved in this dispute and with your interpretation of the terms of the Transition Agreement. Negotiations over the terms of a single agreement were never suspended by the Association or the Company, and, in any event, there is no requirement set forth in the Transition Agreement that the Nicolau award be implemented or that operational integration occurs because of a hiatus in such negotiations.
Accordingly, your grievance is denied.
Should you disagree with this decision, you may refer this matter to a Board of Adjustment in accordance with the terms of Section X of the Transition Agreement. You should coordinate the process for referring the case to the Adjustment Board with your certified bargaining representative, USAPA.
Beth Holdren-
Managing Director Labor Relations, Flight
Cc: Captain Ed Bular, Senior Vice President Flight Operations/lnflight
Captain Lyle Hogg, Vice President Flight Operations
Mike Finn, Director Crew Planning
Linda Malone, Manager Employee/Labor Relations
Tracy Parrella, USAPA Rep
