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NMB Speaks: We Have an Election! ALPA/USAPA Topic for 2/19-26

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I told, I spoke with the west mec chairman and they already knew about it last week, there is nothing new in that post, just look at usapa's videos, you can't overturn the award, ever, and if the wests claims for separate ratification wins the day, what then?

It's not nothing to do with "overturning". It's has to do with "applicability". Thats the difference.

ALPA=Merger Policy=Nicolau

USAPA=DOH w/fences and restrictions. Nothing precludes USAPA from adjusting DOH by length of service for furlough announced at time of merger, for example.

ALPA merger policy is NOT federal arbitration, nmb says:

"Jurisdiction of the National Mediation Board

Internal Union Matters under the LMRDA

The NMB has no authority to investigate or remedy employee grievances against a union. If you believe your union is in violation of its constitution and bylaws; is not properly conducting union affairs such as the ratification of union/management agreements, to strike or not, election of union officials, the conduct of union officials, and the application of union dues or agency fees; or is otherwise in violation of your rights as a union member under the Labor Management Reporting and Disclosures Act (LMRDA), you may contact the Office of Labor Management Standards of the Department of Labor at 202 513-7300 or consult with a private attorney.

Inter-union agreements, including inter-union seniority matters and union mergers, are also internal union matters. Disputes arising from these types of issues are resolved by private arbitration as agreed upon by the parties or through the legal system.

NMB has no jurisdiction to "try" arbitration awards.

The Federal Arbitration Act does NOT APPLY TO LABOR UNIONS. PERIOD.

Outside of ALPA, there is NO PLACE TO ENFORCE THE AWARD. It's ALPA, and ALPA negotiated the Transition agreement. IT CAN BE RENEGOTIATED! PERIOD!

US Airways pilot groups HAVE been adjudicated "single-carrier" status. USAPA has done BEFORE what ALPA COULDN'T DO UNDER ALPA MERGER POLICY UNTIL AFTER A TENTATIVE AGREEMENT IS RATIFIED. Read about it HERE:

The Board finds that East and West are operating as a single transportation system for representation purposes under the RLA. pg. 78
http://www.nmb.gov/representation/deter2008/35n020.pdf


Changing unions is like changing countries. The laws are different. The Federal government has a Constitution. The States have Constitutions. Labor unions have Constitutions. Corporations have CHARTERS!

Labor unions cannot discriminate based on the "aforementioned" stuff like sex, race, religion, age, infirmaties. Neither can Corporations. Labor unions can't violate their "duty of fair representation". Government gives labor unions under RLA "WIDE LATTITUDE" of reasonablness to promote labor peace in the industry. That labor peace accrues to the Majority. Punitive measures engaged in by labor unions under RLA generally rise to a "gross negligence" standard in many jurisdictions. In any case even thse standards are difficult to meet and rise to a "jury" trial...which several cases come to mind.

The Federal Constitution has bottom limits of civil rights, property rights and top limits of "cruel and unusual punishments". The limitations on federal charges stem on the right to "due process", "effective assistance of counsel" and a jury trial before they can take your stuff away and throw you in the slammer.

State Constitutions are similar. Union Constitutions are more basic because of the limited cause...LABOR PEACE....they represent. The equivalent of all that stuff in the Federal Constitution "bill of rights" isn't needed in a labor Constitution. DFR and "negligence" standards or CIVIL redress is the norm. Of course, stuff like "Jimmy Hoffa" and the mafia still apply as far as criminal.

ALPA law is ALPA law. USAPA law is USAPA law. You don't get both. Only one agent to a customer. Only one company to a customer. Only ONE CONTRACT TO A CUSTOMER. Contracts are ALWAYS AMENABLE. PERIOD. CONTRACTS DON"T EXPIRE UNDER RLA (unless you LOSE union representation or self-help).

That, in a nutshell, is RLA law. It's Federal law, state courts can GENERALLY adjudicate it (limited pre-emption) and, in short, it goes like this...."He who has the gold makes the rules". New union, new country, new negotiations, new treaty...(contract).

Get it? (quick and dirty). It will soon be USAPA country.
 
Need some help from the veterans on this board: End_of_ALPA and others, please chime in. This was apparently a post on our webboard that is no longer there?!? How is this possible?!? This seems like a rouge post to me, but I need some clarification: Is USAPA really going to offer a cost neutral contract in order to get the seniority list they want?

You guys that keep track of stuff more than I do, please chime in. Thank you.

top reply quote

Subject: Overturning Nicolau Award
Author: XXXXX XXXXXXXX
Date: 12 Feb 2008 01:28 PM

As many of you know, we have been promising for some time to overturn the Nicolau Award. Our law firm has from the very beginning of this process assured us that this would be “highly, highly, likely†Through a more thorough review of the legal landscape and court precedences we have to come to realize that overturning the award has a slim chance of success.

I'm not sure who put this out there, but it looks like a "bogus" post. However, overturning the award has slim chance at BEST if the East MEC lawsuit is pursued against the West. I think they are confusing the ALPA MEC part, "our law firm" is refering to Baptiste and Wilder. That's not a "USAPA" suit.

I know that this will be disheartening news to many of you, particularly when we are so close to the NMB vote allowing us to control our future. Take heart. Our plan to protect your career has now shifted from completely overturning the award, to an approach which would essentially make an end-run around the list. This list will still be out there, however our intention is to make it very hard to ever implement it. This is an approach which really is “highly, highly likely.â€

Some of you may be questioning our change in focus with respect to the Nicolau award. We have had a titanic shift in thinking with regard to our herculean effort to get you the protections you are rightly justified in having concerns. Let me take the time to explain our plan moving forward.

Once we become the bargaining agent for all US Airways pilots, we will take over contract negotiations. As we have reported to you (and supported by past court cases) your seniority does not “belong†to you. Rakestraw v. United demonstrated this (see PHL Roadshow videos). Seniority is a negotiable item, and is only good until the next barganing cycle. ALPA has set this legal precedent itself. In the United case ALPA paid United $200 million to correct the seniority of the pilots that honored the picket lines. Moving the 539 scabs behind the 570 pilots that honored the strike set the standard for the cost associated with renegotiating seniority. $200million divided by 539 pilots comes out to approximately $371,058 per pilot. With approximately 1800 America West pilots, we’ll need about $668 Million to re-order the seniority list. While this may seem like an unrealistic amount of money, please realize that you won’t have to pay for ANY of it.

Doug Parker has shown time and time again that this merger was simply about finances. Well, two can play at that game. You may recall his cost-neutral stance when his negotiators were last at the barganing table. Our plan is simple: give Doug what he wants, and we get what we want. A cost neutral contract will easily save the company $668 million. All that we ask for in return is to order the seniority list on a date of hire basis, with reasonable adjustments made for time of service. True, this will cause SOME reordering of our own seniority list, but I think we can all agree that those of us that loose a little will benefit from the fact that most of us will gain 1800 numbers of furlough protection.

To close out this post, and to further demostrate to you how different USAPA is from ALPA I want to share with you several court summaries that we received from one of our pilot volunteers. I think they demostrate that we really pay attention to input from our pilot group, that we are not so set in our ways that we can’t change direction, and that we truly are a transparent union. Some of the language is not at polished as we strive for in our communications, but I wanted you to see the unfiltered emotion which drives our great movement. When reading these summaries ask yourself this question: “Would ALPA allow information that is critical of itself to be widely distributed?†I think we all know the answer to that question, and that is why we were able to submit over 3000 cards to the NMB. Remember: USAPA is about giving US Airways pilots the right to make a choice!

The rest of this stuff looks like it was put out there to make the leadership look bad. In short, the first part contains PART fact (names some cases) and the second part contains "NO" fact. USAPA isn't interested in a cost neutral contract any more than ALPA is. Heck, the Company ALREADY SAIF IT WOULD PONY UP 122 Million to even stuff out. It's not enough, i'll grant you, but NO WHERE has USAPA said anything about "cost neutral". The "money" part is BS. USAPA isn't "renegotiating" anything. USAPA is "picking up" the negotiations. The company accepted the list.....from ALPA. SO WHAT? Anyone can submit a list to the company that meets the transition agreement as of now, they can accept it and it can meet the terms of the transition agreement.

HOWEVER...THE ONE THAT THEY MUST IMPLIMENT IS THE ONE FROM THE CURRENT COLLECTIVE BARGAINING AGENT. PERIOD.

Today, if any transition agreement is ratified....it would be the Nicolau award.

If after the election, and USAPA takes over, THEY control the negotiations and THEY submit THEIR proposed list. IF it meets whatever restrictions that remain in the transition agreement, even if THAT isn't renegotiated, the company will accept it....AS LONG AS IT IS COST NEUTRAL. The company DOESN'T CARE ABOUT SENIORITY....ONLY SO LONG AS IT IS COST NEUTRAL. THAT IS WHY THEY LEFT IT UP TO ALPA. THAT DOESN'T ME THEY CAN'T OR WON'T EXTEND THE SAME CONTROL TO USAPA. THEY WILL.

You submit one, I submit one, ALPA submits one, USAPA submits one. If ALL meet the terms of the transition agreement (even the Transition agreement is up for RENEGOTIATION if the Company and the CBA agree) who's list gets the FINAL SAY in any TENTATIVE AGREEMENT?

Think about it!
 
Outside of ALPA, there is NO PLACE TO ENFORCE THE AWARD. It's ALPA, and ALPA negotiated the Transition agreement. IT CAN BE RENEGOTIATED! PERIOD!

Renegotiated? :lol:

More like imposed by a rookie CBA. Renegotiation implies two parties sitting down and finding "consensual solutions" which both sides have been doing sporadically since last May. What do we have to show for it so far? Zip. With both sides not moving toward the center right now, if USAPA wins this election than the prospects for a magical renegotiating period that would satisfy what Bradford has written about is just puppy dogs and ice cream dreams.
 
Renegotiated? :lol:

More like imposed by a rookie CBA. Renegotiation implies two parties sitting down and finding "consensual solutions" which both sides have been doing sporadically since last May. What do we have to show for it so far? Zip. With both sides not moving toward the center right now, if USAPA wins this election than the prospects for a magical renegotiating period that would satisfy what Bradford has written about is just puppy dogs and ice cream dreams.

The union is new....the experience remains. ALPA national doesn't provide anything but dues money. Your dues money, I might add. Consensual solutions WERE between the two groups..EAST and WEST. That doesn't exist anymore.....with EITHER union. Remember the "single-carrier" status ruling. Just calling it like it is. Now it's back to old-school negotiating.
 
That only means that you don't have to belong to the union to work, but paying the administrative fee can still be required of non-members.

Speaking of precedent, however, wasn't there a thread several months ago with a series of posts about how no US pilot had been fired for non-payment? I think even Sharktooth was saying that the "pay or be fired" threat was a farce......

Jim

Yes, we did. I will tell you from PERSONAL experience they can....and they WILL! It is a "farce"....but only for so long.

Agency shop is the LAW under RLA. DON'T PAY DUES...GET TERMINATED.
 
No you dont have to pay dues, they become an agency fee payer,the RLA permits a closed shop.

But the Supreme Court Case, Beck VS the CWA and Whirlpool VS the IAM, permits an employee in a closed shop to be a dues objector, they only have to pay what is germane to the CBA, they lose the right to vote on anything and attend meetings and become a non-member.
 
If USAPA wants to force a contract on the west they will have to get out of the Transition Agreement, because both sides have to agree on a new contract to bring it to a vote. Getting out of the TA may be possible but the big deal is that the only thing stopping the Nic Award from being implemented is the TA!

Pertinent parts of the TRANSITION agreement:

"THIS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended (the “Actâ€), by and between AMERICA WEST HOLDINGS CORPORATION (“AWHCâ€), AMERICA WEST AIRLINES, INC. (“AMERICA WESTâ€), US AIRWAYS GROUP, INC. (“US AIRWAYS GROUPâ€), US AIRWAYS, INC. (“US AIRWAYSâ€), and the AIR LINE PILOTS in the service of AMERICA WEST and US AIRWAYS, respectively, as represented by the AIR LINE PILOTS ASSOCIATION (hereinafter referred to as “the Associationâ€) by and through the Master Executive Councils of the America West and US Airways pilots (“America West MEC†and “US Airways MEC†respectively) (collectively referred to as the “Partiesâ€).

"A. The Airline Parties and the Single Carrier, as defined in Section III. A. below, will continue to recognize the Association as the collective bargaining representative of the America West and US Airways pilots under the Act following the consummation of the Merger Agreement.

B. The Parties will continue to recognize each of the America West and US Airways MECs as to their authority and responsibility with respect to their respective collective bargaining agreements until the merger of the two MECs."

Read paragraphs A and B above. NO MERGER OF THE TWO MEC'S OCCUR IF USAPA GETS VOTED IN. USAPA REPRESENTS ALL PILOTS..... NMB "SINGLE-CARRIER STATUS"...REMEMBER? The Airline parties have NO MEC'S to recognize. THEY DON'T EXIST.

C. The combining of the America West and US Airways MECs will be governed by the Association’s Constitution and By-Laws and its Merger and Fragmentation Policy (“ALPA Merger Policyâ€).

The force and effect of THIS LOA has little connection or applicability to USAPA in relation to ALPA merger policy. USAPA doesn't HAVE MEC'S. Read the Constitution and Bylaws....the have Domicle officers which constitute a Board of Pilot representatives. THERE ARE NO MORE MEC'S!!!

That means ALL MEMBERS IN GOOD STANDING OF ALL PILOTS WILL VOTE FOR A TENTATIVE AGREEMENT! Of THAT group, the majority will either APPROVE or reject a tentative agreement....no matter WHAT list is in it!
 
No you dont have to pay dues, they become an agency fee payer,the RLA permits a closed shop.

But the Supreme Court Case, Beck VS the CWA and Whirlpool VS the IAM, permits an employee in a closed shop to be a dues objector, they only have to pay what is germane to the CBA, they lose the right to vote on anything and attend meetings and become a non-member.

You are correct EXCEPT that "agency shop" and "closed" shop are not the same.

Agency shop means you can be a "non-member" but MUST pay the germane dues. That is what you have here.

Closed shop means all persons in the represented "craft or class" MUST be a member. Taft-Hartley Act (LMRDA) abolished "closed" shops in the US. Most states abolish "closed" shops anyway.

Beck said:
Thus, the Taft-Hartley Act was [487 U.S. 735, 749]

"intended to accomplish twin purposes. On the one hand, the most serious abuses of compulsory unionism were eliminated by abolishing the closed shop. On the other hand, Congress recognized that in the absence of a union-security provision `many employees sharing the benefits of what unions are able to accomplish by collective bargaining will refuse to pay their share of the cost.'" NLRB v. General Motors Corp

Otherwise, you are correct....the effect is the same.
 
Closed shop means all persons in the represented "craft or class" MUST be a member.
Specifically, a "closed shop" means only people who are already union members may be hired in the first place. In other words, you have to join the union before being hired, as a precondition of employment. That is what was made illegal by Taft-Hartley, not the idea that all employees must become members after being hired (Supreme Court decisions, not legislation, changed that).
 
Guys, if you want to learn about you legal rights under Labor Law, go here:

http://www.nrtw.org

You can read ALL you want about NLRB and RLA history. Answers most questions about JUST what is happening here.
 
Specifically, a "closed shop" means only people who are already union members may be hired in the first place. In other words, you have to join the union before being hired, as a precondition of employment. That is what was made illegal by Taft-Hartley, not the idea that all employees must become members after being hired (Supreme Court decisions, not legislation, changed that).

Compulsory union membership is ILLEGAL. How's that!
 
USAirlinePilots.org
US Airline Pilots Association Representing the pilots of US Airways



Comm. Chair Report
"Now it's about to get interesting"

Fellow pilot,

Before I get started, there’s a lot to talk about, and a lot of air to clear. This letter is very long, and deals with many subjects; I thought it preferable to get all of the following out in the open so we can move on to other topics. If you don’t have 15-20 minutes to devote to this now you may want to come back later, or perhaps print this and take it with you.

As I’m sure you know, USAPA, with your support, has just cleared one of the biggest hurdles in the process of becoming your new bargaining agent – the determination by the NMB that a dispute exists. Layman’s terms: the NMB has counted the cards and we have enough! Already, the US Airways pilots have made history, as this is the first time in nearly 45 years that ALPA has been put into dispute.

So… what’s next? The NMB has set a date of March 20th for the election, and once the election starts the balloting will be open until April 17th. (Today the NMB rejected ALPA’s second request for delays.) Voting will be via telephone or the Internet. It is imperative that the Company has your current address to ensure your ability to vote in the upcoming election. Change of address forms are available in the crew room, Chief Pilot Offices, and online at http://thehub.usairways.com/. Between now and the election a period of time will be given to clear-up who will be allowed to vote. Here, again, you will have an opportunity to watch your two alternatives at work – USAPA will be arguing on the pilots’ behalf in an effort to allow as many pilots as possible to voice their opinion. ALPA, on the other hand, will attempt to keep pilots from voting. Whatever the outcome, never forget this contrast.

For those concerned about whether they will be allowed to vote: we will, as mentioned above, be afforded the opportunity to ask that names be added to the Eligible List if they are not on the Eligible List already. Furloughed employees are eligible as well so employees returning to active duty during the 90 days may already be on the Eligible List. If not, then they should be added when the NMB schedules challenges and objections from the applicant (USAPA) and the incumbent (that other union). Know this – USAPA will fight for your right to vote. Click here to view the Company’s Eligible List as presented to the NMB {http://1.usairlinepilots.org/Eligible_List.htm]. IF YOU ARE NOT ON THIS LIST, CONTACT US IMMEDIATELY!! (The list is big so loads slowly. Alternatively, right-click, "save-as" on this link.)

Also, file this away and don’t forget it - while a voter is in the Telephone or Internet Voting system, he/she will be prompted to confirm his/her choices and can make changes accordingly. Once the ballot is successfully cast, the voter cannot re-access the TEV or Internet Voting system and "change" the vote. The system will recognize this as an attempt to vote more than once. Bottom line, once you have confirmed your vote, that’s it, it cannot be changed.

As the calls from the Press came pouring in following news of the Finding of Dispute, I was asked by one reporter how our strategy would change from this point forward. I replied that it wouldn’t; our “strategyâ€￾ has been, is and will be, simply, to educate the pilots and then allow them to exercise their free will. She then asked a question that went closer to the heart of the task at hand, “What do you think your biggest challenge will be?â€￾ To that I replied, “Cutting through the increasing misinformation and deception so that the pilots can make a truly informed decision.â€￾ And that, my fellow pilots, both East and West, is actually now your challenge. Space does not allow me to list all of the deceit we’re facing, but that other CBA is, in apparent desperation, using your dues dollars in a misinformation campaign. If you take a moment as you’re reading the stuff being put out, at your expense, most of the blather is pretty transparent. As you read, consider the motivations of the authors.

We have, from the beginning, given you the straight facts. First and foremost, we’re just a bunch of line pilots, like you. We want, as we believe you do as well, un-conflicted representation for the US Airways pilots. We’re creating a structure that we will hand to you in about 54 days; a structure that will finally put you in charge of your future. A structure that, when a decision is made, will not leave you wondering if that decision was made with only your interests in mind. The reason for the “line pilotsâ€￾ comment above? This isn’t rocket science folks; ALPA does not hold the secret keys to effective representation. When they tell you that you, the US Airways pilot, that you are incapable of forming an effective union, they are disparaging not just you, along with all of your peers; they are disparaging the Southwest pilots, the UPS pilots, the American pilots, and every other independent pilot group out there. When the President of ALPA states, “Only one organization has the resources and the ability to protect the futures of all US Airways pilots in these perilous times - and that's ALPA,â€￾ it is nothing but pompous pontificating. The audacity of that thought process alone should offend you; “only we can save you.â€￾ Find an AA, Braniff, TWA, Pan Am or EAL pilot and ask them about ALPA. Never forget, ALPA’s the one that got you into this predicament, watched over the destruction of your contract and advised that your retirement plan had to be terminated without your input.

So, back to your challenge – cutting through the muck to find the truth. Later in this lengthy (sorry) note, I’ll address directly some of the “hot topicsâ€￾ circulating. But first, I’d like to illustrate the problem at hand by using a couple of examples. In the first (no name, you’ll recognize yourself, sorry to use you as an example), on a recent trip we’d just leveled at cruise, and the First Officer (a great guy, excellent stick and die-hard USAPA supporter) asked, “Mind if I ask you a question?â€￾ (I actually look forward to that opening, knowing it is an opportunity to dispel rumor and innuendo, and pass along a little information.) Of course I said, “Sure.â€￾ Then he asks the question, “So, when USAPA is voted-in, we’re going to have a professional negotiator, right?â€￾ I couldn’t believe it. Here, a die-hard supporter hasn’t read even the home page of the USAirlinePilots.org web site, or any one of the many emails, or watched any of the videos, that clearly explain that the USAPA Constitution mandates a professional negotiator. I didn’t know what to say. Then, just two days ago, again; another die-hard supporter; This time the question prefaced at least with this acknowledgement, “I already know how I’m going to vote, so I haven’t read any of that stuff.â€￾

Guys (and gals), PLEASE! Thank you for your support, but this movement REQUIRES an educated pilot group. If you think the level of misinformation from that other union “concernedâ€￾ about their revenue stream is high now, you ain’t seen nothin’ yet. USAPA is you, and the pilot next to you, and the ones you see in the crew room and hallways; the ones who signed cards in the cockpits. USAPA is NOT just the officers and a few volunteers. Someone, somewhere, needs some information on what’s going on; what’s true and correct information and what’s not. YOU need to be in a position to deliver that information or dispel that rumor. The web site is filled with information, but you have to read it! Effective now, you work for your fellow pilots, each of you a mini fountain of correct information. So listen up, there’ll be a test at the end.

Having established that every pilot, from this point forward must make it their mission to stay informed, let’s move to some “hot topics.â€￾ In no particular order, these are random issues and rumors that I’m going to put to bed right now. For complete information and substantiating documentation, see the web site.

“If USAPA becomes the new union, by default the Nicolau Award goes into effect almost immediately.â€￾ This is completely false. This one seems to stem from a total misunderstanding of the Railway Labor Act. The rambling discussions of how many pilots will defect from the East to comprise a majority are, literally, the invention of the ignorant. The facts:

1. Upon certification of USAPA, Nicolau is rendered moot. It doesn’t have to be changed, renegotiated, fenced, modified, etc etc. It’s moot. Negotiations will start with a DOH list, combined with Conditions and Restrictions to protect (primarily) the West pilots. The Award will sit in the Library of Congress; a piece of paper gathering dust, a testament to failed representation.

2. The Interim USAPA Reps will be “fresh out of the box,â€￾ ready to do good work for the pilots. This laughable theory requires you to believe they, backed by the 9 out of 10 East pilots who put USAPA in office, suddenly, on day one, decide to resurrect a dead, moot award, and use that as a starting point. (This is analogous to thinking they will use the Mesa contract as a starting point.)

3. The Nicolau award violates the USAPA Constitution, and therefore cannot be presented, even if a majority of the interim Reps, for reasons only the authors of this bizarre theory can explain, lost their minds.

4. Finally, the CCT (“Concerned Conspiracy Theoristsâ€￾) forgot something; 1,780 dues protesters - they don’t vote. Oops, another wild theory shot to pieces. Don’t ya just hate that?

“The best solution to the issues at hand is separate operations.â€￾ This one is incredible. It would violate ALPA policy, and negate most of the efficiencies desired by the Company, thereby ensuring zero support from either. Further, separate operations will trigger a DFR lawsuit against ALPA for failure to defend the Nicolau award in its present form. “Separate Operationsâ€￾ is a smokescreen. It requires that you believe that it somehow negates the Nicolau award, but in fact, “Separate Operationsâ€￾ comes with Nicolau intact, because ALPA must defend the award. Don’t ever forget, ALPA=Nicolau. No matter what you hear, if it involves ALPA, Nicolau’s hiding in there somewhere. For those who like conspiracy theories, try this one on: a joint contract is signed with Nicolau hiding in the background. Separate operations are arranged for, let’s say, three years. A week after the contract is signed, a “pre-arrangedâ€￾ DFR suit is brought by a single West pilot. ALPA responds by defending the Award, as they have to, with a, “sorry guys, we had no choice.â€￾ The pilot group is left standing dazed, Nicolau fully in force, an inferior contract in place, wondering what the heck happened. Like it? Me neither.

"I heard leaving ALPA Means Leaving Aeromedical Behind" Oops, they forgot four letters, read it now: “Leaving ALPA means leaving ALPA Aeromedical behind.â€￾ Reads a bit different, doesn’t it? Two things here, first, we had no intention of using ALPA Aeromedical; second, the only reason ALPA’s contracted supplier won’t make their program available to USAPA is because they’re being strong-armed by ALPA. Consider that ALPA’s supplier works happily with the APA and draw your own conclusions.

"I heard the new law, H.R. 2764, doesn't protect me if I stay in ALPA." This is a true statement; but the details are too lengthy to list here. Please click here for more info.

“USAPA will be unable to collect dues and assessments, and will not be able to force the collections.â€￾ Every time we turn around someone has invented a new theory; who knows where this one came from. False.

"I heard USAPA will need a huge startup assessment." False. USAPA is operating in the black and anticipated dues flow will more than cover our financial needs.

“Once USAPA’s voted in a new Transition Agreement will have to be negotiated.â€￾ False. Per Railway Labor Act the status quo is maintained, including all agreements.

"I heard that with USAPA's limited roll call provision, roll call can still prevent the membership from voting.â€￾ False, in fact a roll call actually requires the membership to vote!

"I heard that if USAPA renegotiates the list using DOH, it will be grounds for a DFR lawsuit." This is false; the case law is on the site.

“USAPA’s law firm is (fill in the blank).â€￾ We’re happy ALPA’s so “concernedâ€￾ about our law firm; you needn’t be concerned. Click here to read what others, including the ALPA President, have said about USAPA’s law firm.

"I heard that ALPA merger policy is the same as Allegheny-Mohawk LPPs.â€￾ This is false. It’s important for pilots to understand they now have two choices, a merger policy that, by precedence CANNOT consider date-of-hire, and one that has used and continues to use DOH as a reference (most recently in the decision affecting the AAA/AWA dispatchers – straight DOH via Allegheny-Mohawk). There is another merger coming, which one sounds better? No matter where you are on the list, do you really want to face the next merger with a completely arbitrary merger policy?

By now many of you have seen a communication from Council 90 (Charlotte) which makes numerous allegations regarding USAPA insurance programs and third-party plan administration. The fundamentals of this missive seem to revolve around the allegedly “freeâ€￾ liability insurance from ALPA (untrue – it’s funded by your dues dollars) and the fund-picking skills of the pilots who administer the plans. In this disinformation piece, left out was any meaningful comparison of what ALPA skims as an administrative fee and how much of our dues are used to buy liability insurance. They go on to over-cook a fanciful projection of what it might cost a USAPA third-party-administrator to perform the same service. We gather that ALPA’s uncomfortable with the fact that we’d prefer professional plan administration, available at comparable to less cost.

Shortly we will provide details of the insurance commitments received from our insurance vendors, including a commitment to insure pre-existing conditions for those already covered. In other news regarding insurance, those at the USAPA Road Show will recall it was revealed that ALPA charges its members $.26 per thousand for AD&D coverage, where the going rate is $.06. It was also noted that ALPA charges an “administrationâ€￾ fee of 5.5% for life insurance products. These are not reasonable fees for any group anywhere; in fact the speaker from Harvey Watt mentioned that they provide lower-cost AD&D coverage to the E.A.A. and, in his words, “These guys fly upside down on Saturdays in airplanes they built in their garages!â€￾

“The ALPA PHL Reps will become the USAPA PHL Reps.â€￾ This falsehood is apparently being spread by those with no other arguments. Here’s the scoop – first, as far as we know the PHL Reps are embroiled in all the things going on “over there.â€￾ Second, we have Base Steering Committees who are in the process of finishing interim Reps interviews. We have not yet received all of the recommendations however I can tell you that the list does not include the ALPA PHL Reps or the ALPA President. Third, the Steering Committees’ goal, based upon the pilots’ wishes, is to find “new blood;â€￾ pilots not currently sitting as ALPA Reps, willing to think way outside the box and do business in a completely different fashion. So, while we don’t have all of the names yet, this should give you some feel for our direction.

This last rumor has also spun off some “peripheral rumorsâ€￾ I’d like to squash right now. USAPA is USAPA, ALPA is ALPA. No one on the MEC has had anything to do with the USAPA Constitution, nor has anything to do with the direction or inner workings of USAPA, period. Precisely as we’ve stated, the core of the USAPA Constitution came from the APA Constitution. The Officers and volunteers then spent about 3 months adding, subtracting and changing various parts of the Constitution to address the specific needs of the US Airways pilots. Off it then went to our law firm for further review, and finally it has been posted on the USAPA site for review and suggestion by the pilot group. Have a look at it and send us your thoughts.

Committee structure and staffing – more rumors circulating regarding staffing of the various committees. Again, while staffing is well underway and will be completed soon, not all staffing decisions have been made in this area. There is tremendous talent and experience, both in and out of the existing committee structure, into which we will certainly tap. Pilots who, for years, have been ably serving their fellow pilots in various positions will likely be willing to carry on serving. Some we have spoken to, some we haven’t. Some pilots in existing committees, though experienced and talented, are tired and want a break. That combined with our desire to bring the aforementioned “new bloodâ€￾ into the mix, will mean a mixture of “oldâ€￾ and “newâ€￾ guard. Further, committee staffing will occur within a newly restructured and much more efficient committee structure. We anticipate rolling out our committees in the coming weeks; much thought and debate has and will go into every decision; we’re certain you’ll be pleased. Rep and committee structure and staffing will be made available soon, well before the election.

Let’s talk about this jumpseat thing for a moment. (Remove Comm. Chair hat.) I’m personally asking every pilot on the property, and in particular, the East pilots, to suck it up – regardless of what you hear going on, no matter what’s happened to you or friends of yours, take the high road; show your fellow pilots the courtesy and respect we all deserve. All are entitled to an opinion, even if it does not align with your own. Specifically, I am asking East pilots to continue to act professionally and carry all fellow pilots who meet the requirements on the jumpseat; do not retaliate, period. There is nothing confrontational about wearing a lanyard that says “Seniority Matters,â€￾ any more than wearing an ALPA pin. Seniority does matter to both East and West pilots. If you choose, wear your ID holder with pride, with the pins and the USAPA lanyard. On the other hand, it is not cowardice to avoid confrontation; if you are more comfortable removing your “USAPA stuffâ€￾ on West metal, be your own man; doesn’t hurt my feelings one bit. Like it or not, be aware that (due to the lingering anger left by our illustrious merger committee) there are those West pilots that think we are out to take their jobs. Let your conscience be your guide, but there’s nothing wrong with understanding someone’s sensitivity about something, even if you know it to be based upon false information. Let management deal with no-commutes as a result of denied jumpseat. If you are denied the jumpseat, we'd like to know about it, but please disengage gracefully. East or West pilot, please respect the fact that the crew that has offered you a ride may not agree with you politically. If you support USAPA, please do not use the jumpseat to attempt to convince your captive audience of your views. Likewise if you do not support USAPA. Bottom line (and I’m hoping my peers will prove me right) there is no jumpseat war, because it takes two to have a war, and we’re not having it. Coincidentally, having already written most of this letter, a very professional and courteous West crew carried me and another East pilot home a couple days ago (thank you). West pilots, you are welcome on my jumpseat, with or without your ALPA pins, ID backers and bag tags.

OK, so that’s me. (Reinstall Comm. Chair hat.) USAPA is committed to fair representation of all pilots, East and West. It starts with respect in the cockpit. Our goals, our mandates:

1. Represent all pilots fairly, both East and West
2. Actively seek West participation in committees and representation
3. Be inclusive for all West pilots
4. Represent all West pilots in the Chief pilot’s office, even if they initially refuse to pay dues
5. Commit to a PHX office and staff
6. Actively fight divisive issues such as the jumpseat issue and other unprofessional and damaging events
7. Respect every pilot’s opinion; work as a true democracy
8. Promote good unionism, we will be a union
9. Display and promote unity, integrity and honor

Now I’m going to move on to the “Dirtâ€￾ flying around in the West. Hey, I lived out there; they don’t call it hot and dusty for nothing! Those West pilots with whom I’ve had dialog in the past know I’ve personally worked very hard to unite these two pilot groups. I feel, believe it or not, we all feel, exactly the same – we just want a quality contract, a decent place to work, and the right to have what we had before. The latter, by the way, is guaranteed in the USAPA Constitution. Essentially, because the ALPA merger committees on both sides failed us, we now have what we may as well call “the court case.â€￾ That court case simply isn’t over.

Here’s the thing – believe it or not, the East really isn’t out to get the West. We don’t want your jobs. Well... let me rephrase – sure, I wouldn’t mind moving west. But you know what, that job in PHX isn’t mine to have. That job belongs to a pilot who was hired in PHX and had/has a very reasonable expectation that he would remain in PHX. So, that job should be his, protected by a very high fence. Likewise, that pilot knows how many pilots he has on his list hired before him; he knows what the fleet plan was, and therefore he has a reasonable expectation based upon those numbers where he would be on his list at any given time. Those expectations should be protected. Finally, that pilot, already base and status protected, bids his schedule and vacation based upon his relative seniority. That relative seniority was completely predictable, and that should be protected. All of this, by the way, should apply in the East as well. In the end, what you had before (to the greatest degree possible), you still have. We will be requesting the assistance of West pilots to identify the protections required to protect their fellow pilots’ pre-merged career expectations.

Those willing to say that all they want is what they had will be thrilled with the representation they will receive from USAPA. Candidly, those who believe they have a right to another’s job (and this applies to both East and West) will be very disappointed. That’s it in a nutshell. I will tell you that statements such as “people who are out to destroy our careers and familiesâ€￾ (“Dirt,â€￾ January 31) are pure fiction, written specifically to inflame and anger, as is “The negative impact of USAPA will be felt for years to come.â€￾ (I defy the author of that piece to provide examples supporting their hyperbole. Please send specific examples supporting these two inflammatory and fictional statements to Info@USAirlinePilots.org.) The goal, if the West pilots will engage, is to provide a solution where neither the West nor East can even tell a merger’s taken place from a career perspective. People who scream otherwise are operating on false premise and are not serving their fellow pilots. I urge those interested in serving their fellow pilots in this capacity to contact us.

We’ve been planning a Road Show to PHX for some time so we can explain these concepts in person, and simply have not been able to schedule it. Unlike ALPA, who is, as I write this, wining and dining pilots and their wives using your dues dollars, and taking pilots off the schedule with Flight Pay Loss to attend meetings and strategy sessions, USAPA volunteers are working full schedules, and have been denied by the Company the use of FPL. We sometimes have 2-3 weeks go by where we can’t even schedule a conference call due to schedule conflicts, let alone setup and attend a Road Show. So… the location and status of the next Road Show is now up to the Company.

The following questions were posed to the former AWA pilots in their January 30 MEC publication “Alert Heightâ€￾:

1. “How aggressively will USAPA defend the AWA contract with management? And what is the grievance process going to look like?â€￾ Answer: Just as aggressively as we defend the East contract. We anticipate that West pilots will be willing to assist in the defense of their own contract, and we are, effective immediately, requesting those pilots contact us. We don’t care if you’re anti-USAPA, just that you are willing to help your fellow pilots. Absent that assistance, we will aggressively defend the West contract with East personnel.

2. “If USAPA is able to achieve pay parity for the AAA pilots, how hard do you think they’ll try to negotiate improved rates for AWA pilots?â€￾ Answer: Parity pay rates are well below market rate, and unacceptable for either East or West pilots. While not for the duration or depth of the East pilots, West pilots have labored under a concessionary contract for years. The entire group must be brought to market rates; it is not the pilots’ job to subsidize an inefficient operation.

3. “What sort of tricks is management going to start playing after the world’s largest pilots’ union is removed from the property?â€￾ Answer: the “world’s largest pilots’ unionâ€￾ has, on both East and West properties, proved impotent. We anticipate that an aggressive, substantially more engaged independent union will prove much more effective at defending the pilots’ Working Agreement, and improving upon it.

4. “Will the Company honor our existing agreements, or will they take this opportunity to make unilateral changes, knowing how weak USAPA is?â€￾ Answer: The Railway Labor Act clearly states that the status quo is maintained until new agreements are ratified. Re the latter inflammatory comment, all will be surprised at just how strong USAPA is.

5. “How will AWA pilots defend themselves against the certain attempt that USAPA is going to make to renegotiate the Nicolau seniority list?â€￾ This we will leave to the former AWA pilots to answer. From above, those willing to say that all they want is what they had will be thrilled with the representation they will receive from USAPA. Those who believe they have a right to another’s job (and this applies to both East and West) will be very disappointed.

6. “Where will the money come from to fund the lawsuits that are sure to arise from the scenarios listed above?â€￾ Answer: former AWA pilots will have to assess themselves, unless they are able to find a law firm willing to work on a contingent basis. We believe that once interviewed law firms research the case law, they will be unwilling to work on that basis.

7. “Without ALPA’s war-chest, and if we have to strike the Company, how will you get paid? This translates to leverage for the company and would most likely result in a sub-standard contract.â€￾ Answer: Both Democratic and Republican Presidents have proven that extended airline strikes will suffer Presidential intervention, rendering the question moot. To the latter, both the East and West are laboring under sub-standard contracts now, and that’s with ALPA’s much vaunted “war-chest,â€￾ proving once again, ALPA’s impotence. Ask the Mesa (ALPA) pilots how they like their working conditions.

8. “How much longer will we have to wait for a new contract if USAPA is voted in? The JNC estimates that if talks were to resume in earnest, we could close out a TA in one month!â€￾ The Company has indicated several times that they are willing to work with USAPA to gain a new contract in an expeditious manner, and USAPA has experienced staff and is ready to start negotiations today. The question itself, along with the JNC estimate, is disingenuous considering it was the West that most recently walked away from the table. Finally, the authors contradict themselves; while postulating that USAPA could gain only sub-standard contracts, they apparently stand ready to sign the language on the table today, language which contains concessions to the West contract. USAPA finds the current language unacceptable for this pilot group, both East and West. Pay and working conditions (the two most difficult sections on which to reach an agreement) have yet to be discussed, making the entire premise of this question a bit silly. Finally, the “prowessâ€￾ of ALPA seems to be absent, given the lack of progress over a period of 10 months.

9. “What happens in the event of downsizing and furloughs? Ugly.â€￾ Answer: We agree, for all US Airways pilots.

Addressing AlertHeight’s comment, “Its only intention is to get you to accept low-quality representation,â€￾ we suggest those actually interested in facts vs. hyperbole ask the next SWA or AA pilot they run in to if they feel they are receiving “low-quality representation,â€￾ and if they have accepted “missing or nonfunctional options, and hidden maintenance costs.â€￾ If you’re afraid to ask the question, or think you know how they would answer, then I would suggest you ask the author of these unsupported statements why they made them.

That other CBA has been scrambling, unsure of how to address their failure to represent the US Airways pilots. First, they tried to cram a joint contract down, and neither side would have it. Next, they’ve been floating trial balloons of “separate operations.â€￾ Assuming that fails, which it will, look for the next Big Move, and it will be big. Having been unable to get either side to go for their “cram downâ€￾ ideas, watch for the “Big Tâ€￾ (trusteeship) to rear its ugly head. Unable to get either side to do its bidding, National will be obliged to put both MECs in trusteeship for a “cram downâ€￾ you’ll never forget. This will happen so that, using the ALPA President’s own words, “… our fellow pilots will realize how much they are valued as our Union sisters and brothers.â€￾ (John Prater, February 1, 2008, Letter to BOD)

I have to ask of the West pilots, do you think this can’t happen? Do you think you’ll be better off? Do you think that a “unionâ€￾ that would take away your right to make your own decision will suddenly be in your corner next time you need them? These are the reasons USAPA exists, not Nicolau.

ALPA IS DESPERATE TO COME UP WITH SOMETHING, ANYTHING. IF YOU ARE NOT IN GOOD STANDING, WITHIN THE NEXT COUPLE OF WEEKS, YOU WILL LIKELY LOSE CONTROL OF YOUR FUTURE.

Addressing ALPA’s response to the NMB election decision, there are several little nuggets: “significant progress is underway.â€￾ Really? What progress? Last time I checked the parties left the table. “Some US Airways pilots, however, petitioned the NMB for an election to replace ALPA.â€￾ Hmmm… is that “someâ€￾ as-in a few, or “someâ€￾ as-in over three thousand? “These efforts will also push badly needed and deserved improvements to the pilot contract well into the future.â€￾ Again, the ALPA representatives are the ones who left the table; USAPA has nothing to do with that process.

Folks, and I’m addressing both East and West here, if you’ve already made your decision, if you’re more comfortable believing rhetoric and hyperbole, if it makes you feel better issuing inflammatory edicts rather than fully investigate the facts, if you prefer approaching this incredibly important issue emotionally rather than intellectually, then I have just wasted a fair amount of your time. If, on the other hand, no matter your leanings, you are willing to step outside your current comfort zone and listen to some facts, you will find that all is not as you have been told. The choice, as it should be, is yours. I hope you will take the time to educate yourself, send that email asking a question and make that phone call with a concern, before you make a decision as important as the one you are facing. You wouldn’t shoot that minimums approach without all the information, don’t make this decision without it either.

I apologize again for the length of this letter. It is though, imperative that all pilots, regardless of their opinions, take the time to educate themselves. Read everything out there, not just the stuff put out by “your side.â€￾ And, as always, bring your questions, concerns and suggestions. 877-678-7272 x706 or Info@USAirlinePilots.org



Scott Theuer | Communications Chairman | US Airline Pilots Association
 
The union is new....the experience remains. ALPA national doesn't provide anything but dues money. Your dues money, I might add. Consensual solutions WERE between the two groups..EAST and WEST. That doesn't exist anymore.....with EITHER union. Remember the "single-carrier" status ruling. Just calling it like it is. Now it's back to old-school negotiating.

End,

You continue to make the leap that the combining of the groups for representation purposes is the de-facto merging or combining of the groups and that is not correct.

The two groups, east and west, are separate and identifiable groups with their own collective bargaining agreements and contractual rights and obligations. Under usapa will a former west pilot now get a check from the PBGC when he or she retires? No. Both east and west must have their collective bargaining agreements administered and represented. The party’s rights in a seniority arbitration award do not go away with a change in the collective bargaining agent prior to implementation of that award. You say consensual negotiations would not be possible. Why? You again do not observe that we are two separate groups that would be negotiating with each other in consensual negotiations concerning rights in an arbitration award. Yes, the ALPA MEC’s would no longer exist, but the two groups may certainly nominate persons for negotiating on their behalf.


 
1. Upon certification of USAPA, NICOLAU IS RENDERED MOOT. It doesn’t have to be changed, renegotiated, fenced, modified, etc etc. It’s moot. Negotiations will start with a DOH list, combined with Conditions and Restrictions to protect (primarily) the West pilots. The Award will sit in the Library of Congress; a piece of paper gathering dust, a testament to failed representation.
 
1. Upon certification of USAPA, NICOLAU IS RENDERED MOOT. It doesn’t have to be changed, renegotiated, fenced, modified, etc etc. It’s moot. Negotiations will start with a DOH list, combined with Conditions and Restrictions to protect (primarily) the West pilots. The Award will sit in the Library of Congress; a piece of paper gathering dust, a testament to failed representation.

So what happens if these new "negotiations" fail to find an agreeable solution for two different groups flying with two different collective bargaining agreements? Also there was mention made by USAPA of protecting expectations that said pilots had based on fleet plans. So who gets protected on all of the equipment and routes added since this merger was announced? What about the Airbuses that were on order at AWA that end up mostly East? Since it was in the fleet plan of AWA are those airframes going to be protected for solely West pilots?
 
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