MEC Chairman's Letter to AWA Pilots Regarding E190 Decision

[USA320Pilot]

MEC Chairman's Letter to AWA Pilots Regarding E190 Decision

September 8, 2006

Fellow America West Pilots,

Attached to this letter is a copy of Arbitrator Eischen's decision regarding the E190 flying; the Readers Digest version can be found on page 15. While we are still working to analyze this decision with our merger attorney, I felt that this matter was important enough to immediately forward it on to you.

The decision essentially grants the AWA pilot group no fewer than 95 Captain positions and 95 First Officer positions on the E190 based upon the total expected deliveries of 57 aircraft. The arbitrator also stated that the America West pilots' "fair and equitable" allocation is one third of the allocated slots. The arbitrator also declined to immediately grant the AWA pilots flying status on the E190, but instead pushed the slots into an "IOU" status similar to the B757 LOU.

I think it is important to identify a few salient points of the decision. First, this award shall not affect the seniority integration process that will take place with a different arbitrator under the strict confines of ALPA Merger Policy. Second, while AWA pilots will have to wait until after the seniority and operational integration processes are complete to get these slots, a total number of ninety-five (95) Captain and ninety-five (95) First Officer slots have been reserved for our pilots.

The AWA MEC, through our merger attorney and our witnesses, presented a very well-prepared and compelling case. As it is with all arbitrations, one never knows which way the arbitrator will rule until he rules. It is clear that the arbitrator took a conservative route and did not want to create a complex award and was also concerned about setting any precedent or affecting the arbitration for the final seniority integration.

In closing, I want to say that this award was not expected. As with most arbitrators' decisions, both parties don't get what they wanted or completely expected. I am confident that this MEC will leave no stone unturned in our protection of the AWA pilot group.

Fraternally,

Captain John McIlvenna
AWA MEC Acting Chairman

USA320Pilot comments: If my memory serves me correctly, US Airways staffs its aircraft at about 5.4 pilots per seat or about 10.8 pilots per aircraft. Thus, the America West pilots will have bidding rights to about 18 of the 57 EMB-190s. Furthermore, the award will likely be used as an Exhibit in the upcoming seniority list arbitration, which could have an effect on George Nicolau's Opinion & Award.

 

[Swaayze]

Can somebody explain to me why this is such a big deal? The companies are set to be combined in less than 1 year and it will have probably about a half dozen 190s at that time. Will it not come out in the wash at that point? Is there some other reason folks cannot be a little patient while the merger takes effect?

 

[flynomore]

If your entire argument for a seniority integration is based upon some type of ratio or relative position, then this decision will be used as proof of the reasonable-ness of that position.

My guess at Nicolau's final award:
1. DOH to some point relative to AWA original start date, then;
2. Some type of relative position similar to the 757 agreement or bidding credit similar to what the PI pilots received for the 767, then;
3. Some type of position determined by months of service. This would hurt a lot of US pilots that have been on and off furlough. What is unclear is how some of those on furlough that have been at AWA will fit in.

Just one guy's opinion worth every cent you paid for it.

 

[exB717Flyer]

Can somebody explain to me why this is such a big deal? The companies are set to be combined in less than 1 year and it will have probably about a half dozen 190s at that time. Will it not come out in the wash at that point? Is there some other reason folks cannot be a little patient while the merger takes effect?

It's a big deal because it means that for the time being US East grows while West is stagnant.

 

[N924PS]

It's a big deal because it means that for the time being US East grows while West is stagnant.

Growth? There is no growth at East and hasn't been since pre 9/11. And that was mostly training float.

With each Permanent Base Bid the head count at East continues its decline. Although there were a handful of recalls on the NOV/DEC bid the actual head count declined by 52 pilots.

Even with the slow addition of E190's only 1 dozen or so through 2007, it will most likely be a redistrbution of positions rather than any true growth. It will take many more airplanes added to get to that level again.

 

[exB717Flyer]

Okay, then, the East will be almost stagnant while the West is truly stagnant. We're not getting any planes. The arbitrator's decision still favors the East. Not whining. Now that this is done it's time to focus on getting a joint contract.

 

[chevyman]

Okay, then, the East will be almost stagnant while the West is truly stagnant. We're not getting any planes. The arbitrator's decision still favors the East. Not whining. Now that this is done it's time to focus on getting a joint contract.

It doesn't favor the east. 2/3's(to include furloughees) of AAA's pilot's are on the east side and 1/3 are on the west side. Seems fair to me.

 

[USA320Pilot]

US Airways ALPA MEC CODE-A-PHONE UPDATE - September 9, 2006

This is Arnie Gentile with a second US Airways MEC update for Saturday, September 9th, with one new item.

Arbitrator Dana Edward Eischen has issued his award in the EMB-190 arbitration. We would like to thank all the ALPA pilots and staff who contributed their time and efforts during this arbitration process. In the discussion section of his award Mr. Eischen states:

In exercising my arbitral authority in this matter, I strove to adhere to these principles by leaving as few of my own foot prints in the arbitrated contract language as possible, consistent with adherence to the “fair and equitableâ€￾ new flying allocation standard of the Transition Agreement. Thus, I modeled the structure of my Award on the simplified allocation format proposed by AAA, rather than the novel but much more complicated approach proposed by AWA.

The allocation format proposed by AAA Merger Committee and AAA MEC was that the simple and fair way to fill EMB-190 positions was for those positions to be fill exclusively by AAA pilots until the combining of the pilot groups. Any positions “owedâ€￾ to the AWA pilots would be provided by allocating vacancies in post-merger bids. Arbitrator Eischen noted that the approach proposed by the AAA pilots was similar to that used for allocating the B-757 positions.

Under the award the AWA pilots will be entitled to one-third (1/3) of the positions (up to 95 EMB-190 captain vacancies and 95 EMB-190 first officer vacancies) for the 57 new EMB-190 aircraft, starting with the first bid pursuant to the terms of the combined contract and merged seniority list.

Please remember we still have 1,594 pilots on furlough with 178 pilots working at Jets for Jobs carriers. We will update these numbers.

 

[Freighterguynow]

Okay, then, the East will be almost stagnant while the West is truly stagnant. We're not getting any planes. The arbitrator's decision still favors the East. Not whining. Now that this is done it's time to focus on getting a joint contract.

If I read this correctly then 95 positions go the West once the list is merged in 2007. There will only be about 8 aircraft in service at this time.

So, the first 40 positions would go to the East then the next 95 go to the West.

Not taking sides here but I don't see how it'll benefit the East for a long long time.

 

[EyeInTheSky]

Keep in mind all E190 positions go to US East until "integration." After integration, how many "Westies" do you think are going to pack up and move back east at THEIR expense to fly the E190? It's a wash --the Cap pay is on par with AWA F/O pay. There will be a few, but I don't see this being some mass exodus from PHX.

Later,
Eye

 

[algflyr]

Keep in mind all E190 positions go to US East until "integration." After integration, how many "Westies" do you think are going to pack up and move back east at THEIR expense to fly the E190? It's a wash --the Cap pay is on par with AWA F/O pay. There will be a few, but I don't see this being some mass exodus from PHX.

Later,
Eye

That is not really true. The pay difference is pretty significant up until about 4-5 years of longevity. I think many of the junior FO's will take the position.

 

[BoeingBoy]

So, the first 40 positions would go to the East then the next 95 go to the West.

I didn't see any implemention procedure spelled out in the award. What would make sense is to let the AWA folks have the vacancies once integration happens until they holc 1/3 of the jobs, then award vacancies thereafter on a prorated basis.

Assuming that there be 8 aircraft worth of vacancies already awarded when integration occurs (40 capt & 40 F/O), the next 4 aircraft worth of vacancies (20 capt & 20 F/O) would go to the West folks. Thereafter, 1/3 of vacancies would be filled by West pilots and 2/3 by East pilots.

Just my opinion of how to implement the arbitrator's award...

Jim

 

[Elevation]

I didn't see any implemention procedure spelled out in the award. What would make sense is to let the AWA folks have the vacancies once integration happens until they holc 1/3 of the jobs, then award vacancies thereafter on a prorated basis.

Assuming that there be 8 aircraft worth of vacancies already awarded when integration occurs (40 capt & 40 F/O), the next 4 aircraft worth of vacancies (20 capt & 20 F/O) would go to the West folks. Thereafter, 1/3 of vacancies would be filled by West pilots and 2/3 by East pilots.

Just my opinion of how to implement the arbitrator's award...

Jim

Just to point out that EMB190 FO postions go to USAir furloughed even in the west.

 

[N924PS]

Jim,

So how do think this might affect the seniority list arbitration process?

According to the latest Permenant Base Bid, one E190 has 10 Captain vacancies awarded. The number one Captain is #1695, DOH 11/11/1985 and the number 10 Captain #2294, DOH 8/25/1986.

Has this arbitration award now established a precedent for Arbitrator Nicolau?

 

[exB717Flyer]

It doesn't favor the east. 2/3's(to include furloughees) of AAA's pilot's are on the east side and 1/3 are on the west side. Seems fair to me.

I'm not complaining about the 1/3-2/3 split. What sucks is that the arbitrator disregarded the Transition Agreement by making the AWA slots effective only after the transition is complete! The real winner in this award: Doug Parker.