AWA Chairman's Message

USA320Pilot

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May 18, 2003
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Message from the MEC Chairman - June 7, 2007

Fellow pilots,

Last night, I sent out an autodialer message as a special update for all America West pilots and their families. It read as follows:

“This afternoon, MEC Vice Chairman Mitch Vasin and I met with ALPA President John Prater and the US Airways MEC leadership in Washington. Captain Prater delivered the message that he wants the MECs to immediately engage in a process to utilize the JNC and other parties to explore fences and other career progression provisions. I have discussed this with the MEC and we are unified in our message. No Thank you. We will respectfully decline Captain Prater’s immediate request. Our MEC is quite willing to engage in any process that gets our pilots closer to a joint contract, but only after ALPA has made it clear that it will not set aside or review the Nicolau Award. Your MEC is unwilling to enter into those discussions while there remains any threat that ALPA will do anything other than comply fully and properly with its obligations under Merger Policy – namely defend the Award and present it to management.

As always, please continue to fly safe and secure.â€

At the meeting, the message I delivered was the same that was delivered to ALPA’s Executive Council in May. ALPA’s merger policy is clear – the arbitration panel’s decision is final and binding on all parties and we expect ALPA to defend this award. We expect that ALPA’s Executive Council will reconvene at the end of June and we also expect ALPA to effect the presentation of this Award to US Airways CEO Doug Parker and defend this award using all available resources. I have also asked our outside merger counsel, Jeff Freund, to begin reviewing all our legal options to ensure we carefully protect the interests of the America West pilots. The letter I sent to Captain Prater this afternoon responding to his invitation is attached.

I am pleased to announce that the AAA MEC clearly expressed that they are willing to continue to address both our pilot groups mutual collective bargaining concerns and continue the JNC process. To that end, the east and west JNC members have secured additional dates for the JNC process starting July 10 and going through the remainder of the summer. Additionally, I remain hopeful that we can find additional dates. To that end, the AWA MEC has authorized me to continue in the JNC process with the goal being that we can achieve a ratifiable tentative agreement by the fall.

We are at the pinnacle of our fight for the final resolution of seniority integration issues and are now faced with severe budget constraints that will limit our ability to defend, enforce, implement and interpret the award as necessary. No ALPA dues can be used to pay for seniority integration expenses, including our outside merger attorney and advisors. In addition, once the merger of MECs is complete, we will be unable to further assess our pilots to participate in the inevitable future disputes that will arise from the new seniority list. We are likely to continue to need the legal services of our merger professionals for months if not years to come if previous mergers serve as any example. If passed, this merger assessment will be for $75 per month per pilot for 4 months. If the MEC, upon consultation with the Merger Committee, determine more funds are necessary, the MEC, in consultation with our Merger Committee, can ONLY continue the assessment for $75 per month for ONLY four additional months. I want to thank both the Merger Committee and the Merger Fund Management Committee for their stewardship of our assessed funds thus far. I think we all agree that we have gotten enormous value out of our original 500 dollar investment. But there is very little left in this fund. We do not get the additional $300,000 in the Transition Agreement until management has been presented with the list and the list has been accepted by management. I want all of you to know that we intend to call upon them to help set up and administer this fund with strict financial controls to ensure we go above and beyond to protect our money.

That said, I encourage all pilots to take the time to review all information that we have sent out and please vote in favor of this assessment. Now is not the time to play politics with our careers on the line.

You can vote online by going to https://www.ballotpoint.com/alpa or by calling 1-888-647-1787.

I want to thank all of you and your families for your support, your patience and your perseverance as we work through these issues to protect your seniority and ensure we get you the best possible collective bargaining agreement going forward.

As always, please continue to fly safe and secure.

Fraternally,

Captain John McIlvenna
Chairman, AWA MEC

USA320Pilot comments: The US Airways JNC is required per the Transition Agreement to negotiate a joint CBA, but they are not required to reach a deal. The AWA Merger Committee is broke and does not have the required funds to continue the seniority integration process.

Finally, as indicated earlier, during the May 21 EC meeting there were a number of EVP's who wanted the Nicolau Award thrown out.

In my opinion, if the AWA MEC will not "utilize the JNC and other parties to explore fences and other career progression provisions" per ALPA persident John Prater's request then I believe this increases the odds the EC could thow out the award at June's meeting.

Regards,

USA320Pilot
 
How many times do you have to be told, ALPA does not have the authority to throw out binding arbitration that they AGREED too!
 
The AWA Merger Committee is broke and does not required funds to continue the seniority integration process.


Regards,

USA320Pilot

The AWA MEC will not be reimbursed by ALPA for $300,000 for merger expenses until the seniority list is sent to the company. Conveniently, East is holding that process up so the West is approving a $300 assessment. Your hopeful speculation is way off, as usual. There will be no shortfalls and this lunacy from the East will be finished in short order.

By the way, NWA and UAL are not happy with the way Prater is handling this. His idea of a "post judgment pretrial settlement conference" which is unprecedented in ALPA history is not helping him to hang onto his job. There are rumblings of a recall of him for his handling of the AAA fiasco as well as other transgressions.
 
In my opinion, if the AWA MEC will not "utilize the JNC and other parties to explore fences and other career progression provisions" per ALPA persident John Prater's request then I believe this increases the odds the EC could thow out the award at June's meeting.

Much like (according to you, anyway), the Transition Agreement requires you to negotiate, but not reach, a deal--you can count on the fact that the AWA folks will "explore" all sorts of options. They can "explore" a bunch.

They just won't "reach a deal." Funny the irony, eh? In fact, it seems like the AWA MEC is more than willing to "explore consensual approaches that promote career protection and mutual success, and achieve an acceptable single collective bargaining agreement that improves pay, benefits, work rules and job security for both pilot groups." That exploration simply won't include changing Nicolau. Explore away!

The EC won't pitch the award. If it does, it will lose the subsequent lawsuit to the AWA pilots. Take it to the bank.

We all know how well the quoted poster and his sources did predicting the outcome of the Nicolau arbitration itself--keep that in mind when you read the guesses about what thet EC is going (or not going) to do.
 
How many times do you have to be told, ALPA does not have the authority to throw out binding arbitration that they AGREED too!
700, who made you the authority and interpreter of ALPA's constitution. Your constant babblings into things you know nothing about are utterly ridiculus and polluted.

Hint: The arbitration awards MUST follow other ALPA policy, such as policy that protects its members from unfair and inequitable damages. I don't claim to be the expert that you are regarding ALPA's constitution but I'm mystified that you just don't 'get it'. Just because you went to the I'll Ask Management community college and took a few two bit courses, doesn't make you the expert on ALPA policy. If you were so smart you would be doing more than cleaning seat backs and toilets.

IMO, you are just narrowly focused to prove USA320 wrong that you end up making yourself looking like an, well, anyways.

regards,
 

Why do you change handles? Do you think nobody here can figure it out?

Anyway, it's not a matter of interpreting ALPA bylaws. They're actually very clear and what's clear here is that ALPA's duty is to now forward the Award to Doug. Period. Anything short of that is a breach of contract, a tortious interference with contracting parties, a breach of duty to perform in good faith, a breach of their duty of fair representation, etc. The claims are too numerous to list.

The position of ALPA's general counsel is also clear: forward the list untouched. The assessment will pass; the AWA MC is in no way going to run out of money; this list will stand untouched. Period. Try to wreck the company if you choose to do so, but it's clear that you and your like are not gaining many allies in this. AWA pilots are not saying much because there's no question who is occupying the moral high ground. Trust me, the view is wonderful from up here.

One more question to you USA320 - if the Nicolau Award is so far out of line with ALPA merger policy as you contend, then why didn't either pilot neutral dissent? Your CAL neutral basically fell all over himself praising Nicolau. Did you happen to miss that? Why is it that all the CAL neutral dissented to was the recalled pilots? And finally, where was the United neutral? Did he not have a duty to voice a dissent if the Award was so clearly outside of ALPA merger policy? Yet, not a peep out of him either. Their collective silence is deafening.
 
Why do you change handles? Do you think nobody here can figure it out?

Anyway, it's not a matter of interpreting ALPA bylaws. They're actually very clear and what's clear here is that ALPA's duty is to now forward the Award to Doug. Period. Anything short of that is a breach of contract, a tortious interference with contracting parties, a breach of duty to perform in good faith, a breach of their duty of fair representation, etc. The claims are too numerous to list.

The position of ALPA's general counsel is also clear: forward the list untouched. The assessment will pass; the AWA MC is in no way going to run out of money; this list will stand untouched. Period. Try to wreck the company if you choose to do so, but it's clear that you and your like are not gaining many allies in this. AWA pilots are not saying much because there's no question who is occupying the moral high ground. Trust me, the view is wonderful from up here.

One more question to you USA320 - if the Nicolau Award is so far out of line with ALPA merger policy as you contend, then why didn't either pilot neutral dissent? Your CAL neutral basically fell all over himself praising Nicolau. Did you happen to miss that? Why is it that all the CAL neutral dissented to was the recalled pilots? And finally, where was the United neutral? Did he not have a duty to voice a dissent if the Award was so clearly outside of ALPA merger policy? Yet, not a peep out of him either. Their collective silence is deafening.
Judging by the decrease in revenue, increase in fuel, and division on your property, our opinions won't really much, will they?

The questions should be, "does anyone expect US AIRWAYS to be around much longer, given service levels and 'piss clam' employee bickering? And how long will it survive? One thing is sure, no airline will survive at the bottom of the consumer reports list without making serious changes in management style. All things being equal I give it until December or winter until a revisit into bankruptcy is pondered.

IMO, the IAM members will win the arbitration award in September but either US AIRWAYS will enter into a new merger with UA where the US employees will have to agree to waive the arbitration award and certain seniority bickering, OR the arbitration will be voided because of a reemergence into bankruptcy and presumably chapter 7.

Unfortunately, my understanding is that the I'll Ask Management union got sucker punched into believing a 'deal' could be worked out this summer so they pushed the May 14th arbitration date into the fall. That my friend will be 'too late' to ever have a chance of collecting.

regards
 
I'm not an expert on this, but two ALPA EVP's and one US Airways MEC member told me that a large portion of the ALPA EC (not a majority) believe the EC can throw out the Nicolau Award.

Will they? Who knows? Can they? Apparently after speaking to Mike Abram a number of EVP's believe they can.

Here is the bottom line. US Airways ALPA has a number of actions that create leverage. Two of them are not reaching a new contract (living contently under LOA 93), which would would create a very interesting situation to see of the Company and AWA piltos could enter Section VI negotiations since they are bound by the Transition Agreement. And, the second major point of leverage is to decertify ALPA, which is currently being actively discussed by the US Airways MEC as a preferred option.

In my opinion, the AWA MEC's unwillingness to discuss John Prater's desire "to have the MECs to immediately engage in a process to utilize the JNC and other parties to explore fences and other career progression provisions" increases the odds that the Nicolau Award will be thorwn out because the AWA MEC has just told the EC to "pound sand". I believe this is a great outcome for the US Airways pilots!

As far as the Board of Arbitration, their personal views no longer matter and we are now in what John McIlvenna said is, "the pinnacle of our fight for the final resolution of seniority integration issues." Furthermore, McIlvenna said the AWA pilots "are now faced with severe budget constraints," which is not the case for the US Airways Merger Committee.
 
I'm not an expert on this, but two ALPA EVP's and one US Airways MEC member told me that a large portion of the ALPA EC (not a majority) believe the EC can throw out the Nicolau Award.

Will they? Who knows? Can they? Apparently after speaking to Mike Abram a number of EVP's believe they can.

Here is the bottom line. US Airways ALPA has a number of actions that create leverage. Two of them are not reaching a new contract (living contently under LOA 93), which would would create a very interesting situation to see of the Company and AWA piltos could enter Section VI negotiations since they are bound by the Transition Agreement. And, the second major point of leverage is to decertify ALPA, which is currently being actively discussed by the US Airways MEC as a preferred option.

In my opinion, the AWA MEC's unwillingness to discuss John Prater's desire "to have the MECs to immediately engage in a process to utilize the JNC and other parties to explore fences and other career progression provisions" increases the odds that the Nicolau Award will be thorwn out because the AWA MEC has just told the EC to "pound sand". I believe this is a great outcome for the US Airways pilots!

As far as the Board of Arbitration, their personal views no longer matter and we are now in what John McIlvenna said is, "the pinnacle of our fight for the final resolution of seniority integration issues." Furthermore, McIlvenna said the AWA pilots "are now faced with severe budget constraints," which is not the case for the US Airways Merger Committee.
USA320pilot, I assume there has been 'exploratory committees' that have made contact with the IBT or APA?

Personally knowing some of the originals that formed the APA, I remember them saying that their constitution would only provide scope for advocating the representational disputes of American Airline pilots only. I imagine the scope could change but that may be unlikely. OTOH, I'm not sure of the IBT relationship with ALPA, I knew at times it was contentious so it appears the IBT may be willing if there was a strong 'exploratory committee'.

At any rate, my understanding is that the East siders have a 2-1 majority to the westies so if any decision is made then it would naturally do away with the ALPA AWA MEC or any other ALPA committee. And FWIW: my bet is that there are some westies who would play ball, join the 'exploratory committee' and advocate the IBT. IMO, it is essential to have at least one westie on a committee to boot out ALPA for the IBT to get involved.

As far as the AWA guy who told the EC to 'pound sand', I have to respect that man who is advocating the position of the westies he represents. But I do agree it will turn the EC against him by majority.

Anyways, what would be the timetable for any possible decertification and accompanying representational dispute, and how long will the east siders allow ALPA to take a 'lukewarm' stance that pisses off both the east and west?

regards,
 
Isn't it fun watching him talking to himself? Maybe he can create a 3rd personality and they can have a conference together.

As for the arbitration being thrown out, there is a large body of case law on binding arbitration and the overwhelming majority uphold the decisions. Indeed, the grounds on what decisions can be thrown out are extremely narrow. I have yet to hear any grounds raised in this dispute so far that would not be laughed out of court.
 
Isn't it fun watching him talking to himself? Maybe he can create a 3rd personality and they can have a conference together.
I am WORRIED about him now :blink:

Tim N / a.k.a. USA320 might need some serious counceling soon. And yeah a third "personality" would be a blast to watch.

Maybe that 3rd one will be a Westie that agrees with his 2 Easties. :jerry:
 
USA320Pilot comments: Finally, as indicated earlier, during the May 21 EC meeting there were a number of EVP's who wanted the Nicolau Award thrown out.

In my opinion, if the AWA MEC will not "utilize the JNC and other parties to explore fences and other career progression provisions" per ALPA persident John Prater's request then I believe this increases the odds the EC could thow out the award at June's meeting.
I'm not an expert on this, but two ALPA EVP's and one US Airways MEC member told me that a large portion of the ALPA EC (not a majority) believe the EC can throw out the Nicolau Award.

Will they? Who knows? Can they? Apparently after speaking to Mike Abram a number of EVP's believe they can.

<snip>

....increases the odds that the Nicolau Award will be thorwn out because the AWA MEC has just told the EC to "pound sand". I believe this is a great outcome for the US Airways pilots!

USA320Pilot,

As I recall, you offered to bet 700UW over the outcome of the last ALPA EC meeting, to no avail. So let's really see if you have the courage of your words.....

I have $5,000 that says the EC will not unilaterally throw out, invalidate, or void the award at the June 2007 meeting.

Just so there's no "misunderstanding" of the terms, here are the operative definitions:

unilaterally: done or undertaken by one person or party, i.e. - without agreement of both MEC's to modify/invalidate the award.

throw out: to dismiss from acceptance or consideration

invalidate: to overthrow, set aside, or make void (a legal decision) by a contrary decision

void: cause to have no legal force or effect

So, how sure of your sources are you? Or, as you said to 700UW, "I bet you do not have the guts! C'mon big boy, show some courage."

$5,000 for the taking.....if you're so sure of the outcome.....

Jim
 
-----USA320___
...not reaching a new contract (living contently under LOA 93), which would would create a very interesting situation to see of the Company and AWA piltos could enter Section VI negotiations since they are bound by the Transition Agreement.

320,

Using your logic the AWA MEC is no more bound by the Transition Agreement than the AAA MEC is bound by the aribitration decision. And Paris is not required to stay in jail despite a judge's ruling.
 
I'm not an expert on this, but two ALPA EVP's and one US Airways MEC member told me that a large portion of the ALPA EC (not a majority) believe the EC can throw out the Nicolau Award.

Will they? Who knows? Can they? Apparently after speaking to Mike Abram a number of EVP's believe they can.

Here is the bottom line. US Airways ALPA has a number of actions that create leverage. Two of them are not reaching a new contract (living contently under LOA 93), which would would create a very interesting situation to see of the Company and AWA piltos could enter Section VI negotiations since they are bound by the Transition Agreement. And, the second major point of leverage is to decertify ALPA, which is currently being actively discussed by the US Airways MEC as a preferred option.

In my opinion, the AWA MEC's unwillingness to discuss John Prater's desire "to have the MECs to immediately engage in a process to utilize the JNC and other parties to explore fences and other career progression provisions" increases the odds that the Nicolau Award will be thorwn out because the AWA MEC has just told the EC to "pound sand". I believe this is a great outcome for the US Airways pilots!

As far as the Board of Arbitration, their personal views no longer matter and we are now in what John McIlvenna said is, "the pinnacle of our fight for the final resolution of seniority integration issues." Furthermore, McIlvenna said the AWA pilots "are now faced with severe budget constraints," which is not the case for the US Airways Merger Committee.

State their names partner, cause I think you are lying!!! Especially about one of the CURRENT members of this MEC...
 
I guess the judge in CA was quite upset at others trying to mess with his "award" and yanked Paris back to jail to serve the length of her original sentence.

B


To tag onto the reply to USA320 what the EC members believe and what they are required to do are two completely different things. I'm sure that most EC members would like to be able to open up the decision. However, they are prohibited from doing so by the organization they represent - ALPA. ALPA represents it's membership and that membership those EVPs represent and are responsible for include more than just one airline and more than just this one arbitration.

They are holding a mess that they never had authority to touch even though some of them may desperately want to.

Bob
 

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