AWA MEC Chairman's Message

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AWA MEC Chairman's Message
May 31, 2007


Fellow AWA Pilots:

I want to take a few minutes of your time following this Memorial Day holiday to outline some of the issues that are currently simmering. First and foremost, I would ask all of you to spend some time remembering the past and present sacrifices our troops have made on behalf of all of us, and especially that many have made the ultimate sacrifice so we can enjoy the freedoms we do today.

I know that many of our pilots have sons, daughters and other relatives serving in harm’s way, and my thoughts and prayers are with them.

Executive Council Decision

Many of you have called worried about the decision of the Executive Council to delay their decision on the AAA MEC’s presentation. I apologize in advance for not being able to call all of you back. When my call list reaches 100 plus pilots, I have a hard time keeping up. It is just a little easier to answer all the questions at once. I’d like to take the opportunity to answer some of the most common questions I’ve received recently:

Q. Did ALPA Executive Council (EC) vote 13-1 to overturn the Nicolau Award and order a new arbitration?

A. NO. Absolutely not. The Executive Council voted 13 to 1 in favor of the delay in issuing a ruling on the petition from the AAA MEC. The dissenting vote was, of course, that of our own EVP, Captain Russ Webber. The actual EC resolution went out on Friday and should be up on the website for you to review. Were ALPA NOT to follow their final and binding policy, it would likely result in potential lawsuits for failure to follow their duty of fair representation (DFR), and also, many other airlines within ALPA would immediately start questioning the EC’s actions. After all, policy is policy.

Q. What do you expect to happen then for the next 30 days or so?

A. Very little with regard to the seniority list. We want ALPA to recognize the list and present the list to management so we can get our $300,000 and deposit those badly needed dollars into the merger fund. Remember that the company cannot use the seniority list until they have two other things—a joint contract and a single operating certificate.

Q. I am worried that the east is playing games with JNC talks. Is this so they can get all the flying and all the attrition and we continue to be stagnated as we have been the last two years?

A. It has been a frustrating process to say the least. I will talk about some of the detailed JNC process problems we are having in another section. I will say that with ALPA having changed their position on Age 60, and since the Age 60 rule is likely to change in the next 12 months, I do not expect there to be the great attrition that many pilots expect. Remember, one of our points during the arbitration was that much of their attrition comes mostly from the First Officer list, the disabled list or the furloughed list. There is not as much east Captain attrition (which would provide the greatest economic gain) as they would like us to think there is, so I don’t worry as much about so-called windfalls from attrition. That said, this is a valid concern, as it does appear that some on the east are looking for reasons to delay JNC talks.

Q. That is the part that confuses me. Why would the east MEC hold up what could be $25,000 plus annual raises for what will likely be a relatively small number of east versus west First Officers who will upgrade in the near future?

A. Seniority arbitration is a very emotional issue. Anger tends to cloud rational decision-making. In my opinion, the AAA MEC did a very poor job of managing their pilot’s expectations, essentially promising them date-of-hire even after the arbitrator had told them that their rational wouldn’t work. They failed to focus on the fact that date of hire is not part of ALPA merger policy. Now their MEC is looking for political cover and is unfortunately overlooking that we have a very profitable company and now is the time to get a joint contract.

Q. I know you are not happy either with the list; can you explain what your concerns are?

A. Sure. Because of their earlier merger with PSA and the fact that their widebody flying is not as coveted as they think it is, it is possible that some senior PSA guys may remain on the west coast as commuters. Once the operation is combined, those former PSA pilots may erode some of the west pilot’s bidding power, depending on their seniority. Again, our merger team did a great job, and my concerns should never be construed as negative toward the work they did on our behalf.

Q. What can happen with the list? Is it possible the east can either keep it on the shelf or overturn it somehow?

A. Well, they can make it difficult to implement the list by never agreeing to a joint contract. Decertification is being touted by some on the east as an option for dismantling the list, though our merger attorney says this is a long shot for them. And, even if they were successful in decertifying ALPA, we, the AWA pilots would still assert our legal position that the list cannot be changed. Ultimately, I think the list will stand, though it will take a joint contract to make the list a reality.

Q. Having helped to lead the “AWAPA†movement some years back, you must find this somewhat ironic that you are in this weird position?

A. Yes, to say the least! But I learned a lot from that, not the least of which that it is very difficult to actually get 50 percent plus one of the cards, and that some alternative unions are not all they are cracked up to be. I certainly hope that the AAA pilots do not waste their time seeking alternative representation just to overturn this award, because first of all, I (and others) don’t think that will work legally, and secondly, the company will likely make a single carrier petition (or the NMB will make that determination on their own), which will require 50 percent plus one of both the AAA and AWA pilot groups just to get an election. Seems like a lot of work to achieve a very narrow goal which is likely not achievable through this method.

Q. Is the AWA MEC planning to negotiate to alter this Award in any way, shape or form?

A. NO. Absolutely not. The list is the list and once awarded, we expect both sides to adhere to that list. As has been stated previously, implementation of the list will likely require some interpretation issues to be worked out, including the B757 LOU between the two pilot groups and other related interpretation issues which will fall to the two Merger Committees under ALPA Merger Policy. Disputes are a reality of any complex seniority integration. That is why we are currently proposing a further assessment for merger-related expenses. That way when the two airlines are finally combined we will have adequate funds to defend our pilots against any legal disputes that may arise from the award.

Q. Rumor has it that you have been called back east or on a conference call to negotiate seniority?

A. NO. The entire MEC and JNC is working in PHX this week and we have had little or no contact with our east counterparts or the higher ups at ALPA. I am bound by MEC resolution to NOT negotiate anything to do with seniority arbitration.

Hopefully this cleared up some of the FAQs out there. This situation is changing rapidly, but a couple of things are clear: (1) The Nicolau Award cannot be used by management until they have a joint contract ratified by both the AWA and AAA pilot groups, and a single FAA operating certificate; and (2) The AWA MEC will not engage in any discussions that would somehow alter this Award, and we will continue to insist that ALPA and the AAA MEC follow ALPA policy with regard to this Award and present it to management as quickly as possible.

Age 60

Last week, I was on the front lines and actively participated in ALPA’s historic modification of its 27-year old policy to support the FAA Age 60 rule. None of the decisions made last week were easy. Going into the Executive Board (a.k.a. EB, which consists of the chairmen from all of the MECs for all ALPA carriers and should not to be confused with the Executive Council [EC]), I knew a couple of things: (1) That our MEC had passed an older policy directing the MEC to support modification to Age 60 policy; and (2) That our merger experts had produced a Pilots Earning Model (PEM – exhibit 4) that we presented to the EC last week that showed millions of dollars flowing AWAY from AWA pilots’ pockets to AAA pilots if Age 60 changed.

The MEC does not just represent the interests of a few at the top of the list, at the bottom or in the middle, but ALL AWA pilots. Going into the EB there was much discussion amongst the MEC officers and elected representatives about direction on this very divisive issue. When I arrived at EB, it was interesting to note that many of the Group A airlines had changed their positions on Age 60 and felt that change was imminent. If such change was imminent, the question was whether ALPA should continue to be simply against Age 60 or modify its position and get into a debate over what the rule should look like. I had the pleasure of serving on the Delegate Committee that was assigned the task of writing the final Age 60 resolution. It is attached for your review. There was one amendment to this resolution that essentially grandfathered active flight deck crew members and was designed to allow flight engineers who were active ALPA members to have the right to get back into the left seat when a vacancy arose.

This resolution came out of committee moved by UAL (Bathurst) and seconded by AWA (McIlvenna) and once the amendment described above was passed, this resolution passed by a resounding majority. Keep in mind, this simply means that ALPA will get into the game on Age 60. All the delegates present recognized that S. 65 was flawed and did not meet the criteria the EB set. ALPA will lead the charge to ensure proper legislation is passed. Most of the EB members present also recognized that time was needed to allow all the MECs to amend their collective bargaining agreements and that the 30-day implementation process incorporated in the S. 65 language was not sufficient

We expect that others will continue to press the FAA reauthorization bill and S. 65, and they may succeed; however, there is a right way and a wrong way to do something, and as we have learned as pilots, rushing usually leads to mistakes. The MEC had access to three poll results for AWA pilots, and the last telephone poll showed a dead even heat of 47.6 percent for the change of Age 60 policy and 47.6 percent against the change. That is how evenly divided our pilot group is over this issue. However, nearly 65 percent of our pilots said that if an Age 60 change was imminent, ALPA should modify its policy and get into the policy-making game.

Contract Negotiations

This past week, the only remaining negotiating session was cancelled by the east MEC, who wanted US Airways President Scott Kirby to be present at the bargaining table. The west MEC disagreed with their assessment. As frustrating as these things can be, I think that walking out on negotiations is something that is done when the company’s offer is so egregious that we are insulted. Folks, we are not there yet. I am not sure who we are frustrated with more, the company or the AAA MEC. The story behind the story is that some of the east MEC members had threatened to recall/remove their JNC members as a way of stalling the JNC process. Their compromise was to pull down next week’s negotiations under the auspices that Scott was not able to attend. Is their real motive to stall JNC talks indefinitely to avoid using the Nicolau Award? Perhaps yes and perhaps no. We do have a real concern that JNC negotiations are stalled. But we also wonder about motives as well.

We on the west have seen an increased effort by the east to delay the JNC negotiations process in recent weeks and months. As you all know, the AWA pilot group has bent over backwards to show unity with our east brothers and sisters whenever and wherever we can. We have backed JNC talks 100 percent. We have backed any dispute they wished to file over the Transition Agreement, and we have backed them on their positive space dispute regarding the ability of their representatives to have unlimited positive space seats while conducting union business.

But, we are rapidly reaching a point where it becomes very difficult to turn the keys over to the east MEC on everything related to JNC talks. We have tried to always find that middle ground, but we are approaching a point where many of us are wondering if there is any joint contract that we can reach that will not likely result in a failed TA on one or both properties.

Prior to the Nicolau Award, I think most of the problems resulted from management trying to nickel and dime the pilots combined with the steep losses that east pilots took during their two rounds of concessionary talks. The last offer management made provided a net loss to most AWA pilots once you incorporated all the little stuff that would affect us adversely. While we could attribute some of that to things that would probably work out in the 'end game' wash, there also needed be a serious effort made by management at addressing things like west STD, west LTD (including the age 65 LTD coverage since we will most definitely be needing that now as Age 60 will likely change), and at least some recognition that a 10 percent company retirement contribution does not stack up to the industry right now. Also, given the new NPA/AirTran contract that ALPA assisted with, and that both AMR and CAL will be opening talks with their pilots in the near future, I think that management can safely say to our Board of Directors that it is time to step up to the plate and get some serious bargaining going on.

So the question has become, “Do we stay in JNC talks, as painfully slow as those talks have become, or do we seriously explore the Section 6 alternative?†Or do we simply wait for the east MEC to realize that holding both their pilots and our pilots as economic hostages for a relatively small number of immediate upgrades in the face of Age 60 changing is not a wise course to be on right now? Now is the time to get a good, fair and decent contract. As we all know, the economic winds can shift rather dramatically and without much warning. I would hate for us all to miss our window of opportunity. Of course, I also worry about the whipsaw factor. No one wants to encourage or set up a situation for unlimited whipsaw of the two pilot groups. In the coming days, the MEC will be reviewing ALL its options prior to making a decision on the strategic direction we will take in the coming months.

Super Majority Contract Ratification

Also attached is a late agenda item concerning the super majority resolution that was passed at a recent MEC meeting. As some of you know, a pilot in LC 062 brought his concern to a local council meeting. A resolution was passed and was then brought to the next MEC meeting. The resolution that passed at the MEC level directed Executive Vice President Captain Russ Webber and me to pursue this issue. I brought it as a late agenda item to the floor of the EB meeting last week and the result is that it will be sent to a special committee, called the SRSRC, which looks into specific policy issues relating to membership issues such as proxies and balloting.

You should all know that though ALPA is a democratic union, it is a bureaucracy like many other organizations. To get this resolution passed in its present form took a lot of lobbying behind the scenes. I am not sure about its overall chances because many of the MEC Chairmen at the EB related to me that different rules apply in concessionary bargaining and you may not want to have such a large majority voting in favor of a concessionary agreement as it would send a bad message to management that they can get away with even a more onerous concessionary proposal. This resolution does require some follow-up in the fall, so we will let you know how things are progressing.

Merger Assessment

Shortly, you will receive a letter from us asking for your vote on the assessment that the MEC authorized at its last meeting. I will leave much of the details for other AWA MEC publications but will say that we have done everything short of selling off the 12-year old furniture in the ALPA office to raise funds. We have decided not to change the current Merger Fund and this new fund will help us by raising additional monies for both merger and negotiations accounts. We will continue to act in a fiscally conservative manner and ensure that we provide regular financial reports to all of you so you can see where the money is going. Please logon to https://www.ballotpoint.com/alpa and cast your vote in favor of the assessment.

Conclusion

In closing, I would like to thank you all for the patience and perseverance you have shown during the past two years. This merger has been a long and challenging road, and we have thus far only completed one of three tasks that we set out to accomplish. Please continue to treat your brothers and sisters at AAA (and AWA) with respect, courtesy and professionalism, and do all you can to avoid conflict. Above all, please continue to fly your airplanes safely and securely and let us deal with the problems and issues at hand.

Fraternally,

Captain John McIlvenna
AWA MEC Chairman
 
Ok, what can I glean from this:
1. The AWA MEC will NOT discuss seniority or ways to fix this problem in spite of what the ALPA EB has requested.
2. The AWA MEC is mulling over abandoning the joint negotiations ILO attempting to enter section 6 negotiations on their own.
3. There is no way to stop East upgrades and attrition in the meantime.
4. Widebody flying has little or no value on the East? This one threw me. Tell those widebody guys senior to me to bid off so I can not value it for a while :p.

What did I miss?

A320 Driver B)
 
Ok, what can I glean from this:
1. The AWA MEC will NOT discuss seniority or ways to fix this problem in spite of what the ALPA EB has requested.
2. The AWA MEC is mulling over abandoning the joint negotiations ILO attempting to enter section 6 negotiations on their own.
3. There is no way to stop East upgrades and attrition in the meantime.
4. Widebody flying has little or no value on the East? This one threw me. Tell those widebody guys senior to me to bid off so I can not value it for a while :p.

What did I miss?

A320 Driver B)

What jumped out at me was the statement that changing the age 60 rule would mean the flow of millions of dollars from west pilots to east. How can that be? There is no bump-no flush, so an east guy can't take a west job. It has been repeated on this board that no west guys want east attrition, so how can guys working longer take MILLIONS from the west? It can't be because they won't be taking the retiring east pilot's capt bids or widebody bids, can it? You know the seats that pay more than west, even with our crappy contract.
 
What jumped out at me was the statement that changing the age 60 rule would mean the flow of millions of dollars from west pilots to east. How can that be? There is no bump-no flush, so an east guy can't take a west job. It has been repeated on this board that no west guys want east attrition, so how can guys working longer take MILLIONS from the west? It can't be because they won't be taking the retiring east pilot's capt bids or widebody bids, can it? You know the seats that pay more than west, even with our crappy contract.

Hmm...good point.
 
4. Widebody flying has little or no value on the East? This one threw me. Tell those widebody guys senior to me to bid off so I can not value it for a while :p.

What did I miss?

A320 Driver B)

I got that too - retirements and wide bodies mean don't mean squat. < then > Fences? Hell no, won't even talk about them!

???

So now it's ALPA National, the company and the East pilots are all wrong but the AWA MEC is right.

I'm sorry but the immaturity of the West boggles me.
 
I got that too - retirements and wide bodies mean don't mean squat. < then > Fences? Hell no, won't even talk about them!

???

So now it's ALPA National, the company and the East pilots are all wrong but the AWA MEC is right.

I'm sorry but the immaturity of the West boggles me.
Q1. Where do you get the faintest idea that the company and ALPA are on the east's side?

Q2. What is immature about living up to your agreement under binding arbitration?

Q3. Where in the arbitration transcript does the east fully advocate fences? DOH doesn't really need fences, does it?
 
Q3. Where in the arbitration transcript does the east fully advocate fences? DOH doesn't really need fences, does it?
=======================================================
I have posted it before, but how about one more time? Item 2 from the AAA list of conditions and restrictions allocates vacancies, increases or decreases in flying at a ratio of 5:4 which is the relative size of the two lists. This covers the big Boeings, but the same methodology is used for Airbus.

Every scream of "you guys only wanted DOH!" neglects this fact. Sheesh.

Positions as captain on the B767/757-D (including all B767/757 captain positions in PHX or LAS), or replacement aircraft, shall be allocated with quotas of 159 positions for the pre-merger US Airways pilots and 87 for the America West pilots. Positions in excess of the combined quota of 246 positions shall be allocated so that twice as many are awarded to pre-merger US Airways pilots as to America West pilots. Positions shall be reduced below the combined quota of 246 positions so that the pre-merger US Airways pilot group ends up double the number of positions below its quota as the America West pilot group is below its. A worksheet suitable for the allocation accounting between the pilot groups is attached as Appendix A. Any vacancy in the quota of a pilot group shall be filled by a pilot from that group.
 
Wow.
Thanks for posting that aquagreen.
I didn't know Russ Weber was involvoed with the union!
I love him!
He's a great guy.
 
AWA MEC Chairman's Message
May 31, 2007
Fellow AWA Pilots:

"Q. What can happen with the list? Is it possible the east can either keep it on the shelf or overturn it somehow?

A. Well, they can make it "difficult" to implement the list by never agreeing to a joint contract. Decertification is being touted by "some" on the east as an option..."

Substitute "virtually impossible" for "difficult"...and "a very great many" for "some" to garner a more accurate description of the current mess.
 
I'm sorry but the immaturity of the West boggles me.

The only thing that I have seen "immature" is how the East refused to negotiate during the arbitration of the seniority list and then their reactions to the arbitrator's final and legal ruling.

I guess what boggles me is that the AAA MEC, with all of their years of experience refused to negotiate at all, thumbed their nose at the arbitrator and would not budge. At least the AWA MEC went to bat for their membership!
 
May 30, 2007

Captain John Prater, President
Air Line Pilots Association International
1625 Massachusetts Avenue, NW
Wahington, DC. 20036
Dear Captain Prater,

I have recently received a copy of the letter written by Captain John McIlvenna, Chairman, AWA MEC, protesting the decision of the Executive Council to defer consideration of our Agenda item. The US Airways MEC believes that the decision of the Council, issued on May 24, is a reasonable approach to this situation. It is necessary and appropriate for the Council to fully consider the concerns of the US Airways MEC.

I must take s strong exception to some of the assertions contained in Captain McIlvenna’s letter. There are serious factual inaccuracies contained in the document. As the parties are well ward, the US Airways pilots have been picketing since August 2006 demanding that management get serious in our joint negotiations. We are pleased that the AWA MEC agreed to participate in the picketing effort starting last November. It is somewhat disingenuous to say that the East pilots “were doing (and continue to do) all they can to delay and obfuscate the joint negotiating process,†when in fact, we have carried the bulk of the activities for the last year.

Captain McIlvenna then writes that the East JNC made a “decision today to cancel their attendance at all JNC sessions currently scheduled†and the AAA MEC called a “special MEC meeting to recall/remove their JNC members.†Nether statement is correct. Actually, there was only one JNC negotiating session scheduled with Management – May 30 and 31. The JNC discussed the fact that they had just learned that Scott Kirby, President of US Airways, would not be present at those negotiations. The entire JNC concluded that it would not be in the Association’s best interest to proceed without the presence of Mr. Kirby. Thus, the HNC mutually agreed that the session should be cancelled. Instead, the JNC requested that a “small group†meeting be held on those dates between the JNC and management scheduling personnel. It was US Airways management who refused this request. The East members of the JNC are not refusing to participate in any JNC activities.

Further, the agenda for the AAA MEC Meeting that Captain McIlvenna references was a discussion of the Nicolau Ward and a review of our merger committee’s presentation to the Executive Council. There was not an agenda item to remove the JNC nor was such an agenda item submitted at the meeting.

The US Airways MEC stands ready and 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†in accordance with the Executive Council’s May 24th Resolution. We look forward to productive discussion with the AWA MEC to achieve the stated objectives.

Fraternally,

Captain Jack Stephan,
US Airways MEC Chairman
 
Now that the AWA MEC Chairman has stated in a message to the West pilots that he will NOT negotiate with the East MEC per the Executive Council’s May 24th Resolution, I can only wonder how that is going to be received by the Council at their June meeting.

A320 Driver B)
 
Now that the AWA MEC Chairman has stated in a message to the West pilots that he will NOT negotiate with the East MEC per the Executive Council’s May 24th Resolution, I can only wonder how that is going to be received by the Council at their June meeting.

A320 Driver B)


The time for negotiating has passed. The East refused to move from their DOH position at the request of the arbitrator. The list is final. Procedure was followed to the "T", ALPA supports the America West pilots and the national union stands by the arbitrated decision.
 
The time for negotiating has passed. The East refused to move from their DOH position at the request of the arbitrator. The list is final. Procedure was followed to the "T", ALPA supports the America West pilots and the national union stands by the arbitrated decision.

No offense, but the "list" you refer to doesn't mean squat. At least until you get a joint contract. And that simply isn't going to happen.
 
May 30, 2007

Captain John Prater, President
Air Line Pilots Association International
1625 Massachusetts Avenue, NW
Wahington, DC. 20036
Dear Captain Prater,

I have recently received a copy of the letter written by Captain John McIlvenna, Chairman, AWA MEC, protesting the decision of the Executive Council to defer consideration of our Agenda item. The US Airways MEC believes that the decision of the Council, issued on May 24, is a reasonable approach to this situation. It is necessary and appropriate for the Council to fully consider the concerns of the US Airways MEC.

I must take s strong exception to some of the assertions contained in Captain McIlvenna’s letter. There are serious factual inaccuracies contained in the document. As the parties are well ward, the US Airways pilots have been picketing since August 2006 demanding that management get serious in our joint negotiations. We are pleased that the AWA MEC agreed to participate in the picketing effort starting last November. It is somewhat disingenuous to say that the East pilots “were doing (and continue to do) all they can to delay and obfuscate the joint negotiating process,†when in fact, we have carried the bulk of the activities for the last year.

Captain McIlvenna then writes that the East JNC made a “decision today to cancel their attendance at all JNC sessions currently scheduled†and the AAA MEC called a “special MEC meeting to recall/remove their JNC members.†Nether statement is correct. Actually, there was only one JNC negotiating session scheduled with Management – May 30 and 31. The JNC discussed the fact that they had just learned that Scott Kirby, President of US Airways, would not be present at those negotiations. The entire JNC concluded that it would not be in the Association’s best interest to proceed without the presence of Mr. Kirby. Thus, the HNC mutually agreed that the session should be cancelled. Instead, the JNC requested that a “small group†meeting be held on those dates between the JNC and management scheduling personnel. It was US Airways management who refused this request. The East members of the JNC are not refusing to participate in any JNC activities.

Further, the agenda for the AAA MEC Meeting that Captain McIlvenna references was a discussion of the Nicolau Ward and a review of our merger committee’s presentation to the Executive Council. There was not an agenda item to remove the JNC nor was such an agenda item submitted at the meeting.

The US Airways MEC stands ready and 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†in accordance with the Executive Council’s May 24th Resolution. We look forward to productive discussion with the AWA MEC to achieve the stated objectives.

Fraternally,

Captain Jack Stephan,
US Airways MEC Chairman




Stephen is on drugs just like the rest of the old geezers at USAir. he and his thugs walked away from Joint Negotiations with the AW pilot group, using the excuse Kirby wasn't going to be there. Kirby wasn't and most of the other sessions either But "Smilin' Jack" and his minions we're wth there hands out looking for their cut. It wasn't the other way around. This guy has one big problem with reality and the truth, He has done caused more harm to the USAir pilot group than any one person or event ever could. And the funny thing is the pilots have yet to recall him.Go figure.
 

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