[Distribution is authorized in any forum – PG]
Captain John Prater
President
Air Line Pilots Association
1600 Massachusetts Ave
Washington, DC 20001
May 22, 2007
Dear Capt. Prater:
My name is Peter Gauthier and I have been a member in good standing for 27 years, all with USAirways. My seniority number is 375 and you might think I don’t have a dog in this fight. That would be a mistaken assumption.
Capt. Prater my ALPA service is long and distinguished. I began service as the Council 138 Secretary/Treasurer, have served on the USAirways Negotiating Committee for six years, served two consecutive terms as the USAirways MEC Chairman, served as the Chairman of the National Collective Bargaining Committee, and finally served as the Captain Representative for Council 41 where I was privileged to Chair Committee 1 at the Board of Directors.
To say I have been around the block and understand the processes within ALPA would be an understatement. I understand legal issues, I understand fairness, and I understand courage.
Capt. Prater, I was present at the Board of Directors when the Board modified the Merger Policy to delete the reference to date of hire and created new guidelines for merger policy. I believed it was a mistake then and I do now. It has created confusion and chaos. The history of this issue is that the Delta and Northwest pilots MEC’s favored a ratio method of integration; the United, USAirways and TWA pilots believed in a pilot’s date of hire as a core union value in determining seniority. The United pilots MEC decided to abandon this core value in favor of their self-interest and joined the pilots of Delta and Northwest in revising the fundamentals of the merger policy. So that’s the history, it’s one of trading core union values for self-interest.
The USAirways MEC has acted properly in bringing this matter before the Executive Council. Why? Because the results of the Nicolau award are so obtuse, that they defy reason. The results defy core union values. The results defy basic fairness. The results defy the spirit and intent of merger policy.
It is simply not reasonably that an AWA pilot who was on probation at the time of the merger would be placed senior to a pilot with 16 continuous years of service with USAirways, some of which was as a Captain.
It is simply not reasonable that an AWA pilot who was 9 years old when the USAirways pilot who is just junior to him on the arbitrated list began his uninterrupted service as a USAirways pilot, some of which was as a Captain.
It is simply not reasonable that pilots on the certified seniority list, covered by the CBA, and actively flying the E170 in the service of USAirways should be stapled to the bottom of the seniority list.
Capt. Prater, you know in your heart, as does any person of reasonable intellectual honesty that this award simply doesn’t pass the red face test. The USAirways pilots stood by ALPA when our pay was dramatically cut in bankruptcy and our pensions were lost. The USAirways pilots stood by ALPA when retiree’s health benefits were lost; The USAirways pilots stood by ALPA, when the next bankruptcy resulted in yet another dramatic cut in pay, downgrades and furloughs; Through all of this, the USAirways pilots stood by their union.
Capt Prater, it is simply not reasonable to expect the USAirways pilots will tolerate having their seniority, promotions, pay and retirement contributions (DC Plan contributions are tied to earnings), and lifestyle decimated at the hands of their own union. If the airline managements had imposed this, you would be the first to lead the charge to shut down the industry – now here we are facing the same effect – but at the hands of our own union. The essence is the fair interpretation and application of merger policy.
Upon examination of this list I do not and cannot believe that you nor any member of the Executive Council can conclude it is fair, balanced, nor comports with the spirit and intent of the Merger Policy Principles. You have the right, authority and duty to make the determination of whether arbitrator Nicolau followed the intent and spirit of the policy. If you determine he did not, you then have the right, authority and duty to set it aside. It simply takes the courage to do what’s right.
Capt. Prater you and the Executive Council are receiving legal advice from the best legal minds in the country. They are going to give you great legal advice. What they cannot give you is courage – the courage to stand up and overturn what is clearly not fair; The courage to interpret the Merger Policy Principles in the context of the extremis that will be suffered by USAirways pilots at the hands of ALPA should this award be sustained.
Capt. Prater, as MEC Chairman I lead the USAirways pilots against a hostile attempt to decertify the Association on the USAirways property. I believe in ALPA, and that’s why with a seniority number of 375 and unscathed by the award, I do have a dog in this fight. My dog is ALPA itself. I along with the rest of the USAirways pilots from the top of the list to the bottom expect you to be a courageous leader, we expect you to be a champion of fairness and we expect you to reject this obtuse award.
To do otherwise will demonstrate to the USAirways pilots that ALPA has been relegated to fraternity status where self-interest reigns over fairness – where legal expediency reigns over justice; and that would be unfortunate, and indeed a fraternity not worthy of membership.
Sincerely,
Capt. Peter J. Gauthier
Former Chairman, USAirways MEC
Seniority Number 375
Captain John Prater
President
Air Line Pilots Association
1600 Massachusetts Ave
Washington, DC 20001
May 22, 2007
Dear Capt. Prater:
My name is Peter Gauthier and I have been a member in good standing for 27 years, all with USAirways. My seniority number is 375 and you might think I don’t have a dog in this fight. That would be a mistaken assumption.
Capt. Prater my ALPA service is long and distinguished. I began service as the Council 138 Secretary/Treasurer, have served on the USAirways Negotiating Committee for six years, served two consecutive terms as the USAirways MEC Chairman, served as the Chairman of the National Collective Bargaining Committee, and finally served as the Captain Representative for Council 41 where I was privileged to Chair Committee 1 at the Board of Directors.
To say I have been around the block and understand the processes within ALPA would be an understatement. I understand legal issues, I understand fairness, and I understand courage.
Capt. Prater, I was present at the Board of Directors when the Board modified the Merger Policy to delete the reference to date of hire and created new guidelines for merger policy. I believed it was a mistake then and I do now. It has created confusion and chaos. The history of this issue is that the Delta and Northwest pilots MEC’s favored a ratio method of integration; the United, USAirways and TWA pilots believed in a pilot’s date of hire as a core union value in determining seniority. The United pilots MEC decided to abandon this core value in favor of their self-interest and joined the pilots of Delta and Northwest in revising the fundamentals of the merger policy. So that’s the history, it’s one of trading core union values for self-interest.
The USAirways MEC has acted properly in bringing this matter before the Executive Council. Why? Because the results of the Nicolau award are so obtuse, that they defy reason. The results defy core union values. The results defy basic fairness. The results defy the spirit and intent of merger policy.
It is simply not reasonably that an AWA pilot who was on probation at the time of the merger would be placed senior to a pilot with 16 continuous years of service with USAirways, some of which was as a Captain.
It is simply not reasonable that an AWA pilot who was 9 years old when the USAirways pilot who is just junior to him on the arbitrated list began his uninterrupted service as a USAirways pilot, some of which was as a Captain.
It is simply not reasonable that pilots on the certified seniority list, covered by the CBA, and actively flying the E170 in the service of USAirways should be stapled to the bottom of the seniority list.
Capt. Prater, you know in your heart, as does any person of reasonable intellectual honesty that this award simply doesn’t pass the red face test. The USAirways pilots stood by ALPA when our pay was dramatically cut in bankruptcy and our pensions were lost. The USAirways pilots stood by ALPA when retiree’s health benefits were lost; The USAirways pilots stood by ALPA, when the next bankruptcy resulted in yet another dramatic cut in pay, downgrades and furloughs; Through all of this, the USAirways pilots stood by their union.
Capt Prater, it is simply not reasonable to expect the USAirways pilots will tolerate having their seniority, promotions, pay and retirement contributions (DC Plan contributions are tied to earnings), and lifestyle decimated at the hands of their own union. If the airline managements had imposed this, you would be the first to lead the charge to shut down the industry – now here we are facing the same effect – but at the hands of our own union. The essence is the fair interpretation and application of merger policy.
Upon examination of this list I do not and cannot believe that you nor any member of the Executive Council can conclude it is fair, balanced, nor comports with the spirit and intent of the Merger Policy Principles. You have the right, authority and duty to make the determination of whether arbitrator Nicolau followed the intent and spirit of the policy. If you determine he did not, you then have the right, authority and duty to set it aside. It simply takes the courage to do what’s right.
Capt. Prater you and the Executive Council are receiving legal advice from the best legal minds in the country. They are going to give you great legal advice. What they cannot give you is courage – the courage to stand up and overturn what is clearly not fair; The courage to interpret the Merger Policy Principles in the context of the extremis that will be suffered by USAirways pilots at the hands of ALPA should this award be sustained.
Capt. Prater, as MEC Chairman I lead the USAirways pilots against a hostile attempt to decertify the Association on the USAirways property. I believe in ALPA, and that’s why with a seniority number of 375 and unscathed by the award, I do have a dog in this fight. My dog is ALPA itself. I along with the rest of the USAirways pilots from the top of the list to the bottom expect you to be a courageous leader, we expect you to be a champion of fairness and we expect you to reject this obtuse award.
To do otherwise will demonstrate to the USAirways pilots that ALPA has been relegated to fraternity status where self-interest reigns over fairness – where legal expediency reigns over justice; and that would be unfortunate, and indeed a fraternity not worthy of membership.
Sincerely,
Capt. Peter J. Gauthier
Former Chairman, USAirways MEC
Seniority Number 375
