Dear Fellow Pilot,
The MEC held most of their meeting in closed session so its seniority list integration strategy does not become public. This email is long, but listed below are some of the MEC’s public actions and some additional options, some of which have been discussed before.
Apparently, there is no mechanism for ALPA National to reject the Nicolau award, which is binding per the Constitution and by-laws. However, the MEC directed the Merger Committee and Council to provide an in depth briefing involving charts and graphs depicting the severe impact of the Nicolau award. According to last night’s code-a-phone “ALPA’s (Internationals) Executive Council receive a presentation regarding the Nicolau Award from our Merger Committee at its next regular meeting two weeks from now, and that the full resources of the (International) Association be made available to support the US Airways’ pilots in connection with the turmoil generated by the Nicolau Award.
With that said, ALPA is a political body and will likely act as such, but with the threat of decertifying ALPA on this property and attempting to do so on the AWA property, this could give us some leverage. Regardless, this will take at least two weeks to unfold.
It appears one area of leverage we have over a body is with the Company because Doug Parker can reject the new seniority list if it will cause damage to the business enterprise. Our leverage: operating without enthusiasm and not agreeing to a new combined contract. Will the company want to operate without new joint agreements? No, but they can. In addition, this could prevent the other labor groups from getting new deals because without every union obtaining new CBA’s, US Airways cannot complete its merger integration and realizing further needed cost and revenue synergies.
Therefore, the MEC drected the Strike Prep Committee (SPC) to stand down all activities, which include the coast-to-coast “rolling thunder†picketing and all other activity designed to help the pilots obtain a new CBA. In addition, the US Airways MEC and US Airways JNC members cancelled meetings to be held next week and beyond with their AWA MEC and JNC counterparts that were being held to develop ALPA’s counter proposal to the company’s first comprehensive contract proposal, which is being delivered to the Association today.
Meanwhile, according to MEC chairman Jack Stephan he is "joining the JNC in Washington D.C. as they receive management’s first economic counter-proposal. But make no mistake; my number one priority remains your well being and our corresponding response to the devastating effects of the Nicolau award." These talks are being led by US Airways president Scott Kirby, who along with Doug Parker, has the right to set aside the Nicolau award.
In my opinion, the MEC is taking a number of steps to get the Nicolau award set aside, but it is going to take a couple of weeks to get this undone and I believe our greatest asset in this fight is that Nocolau's Opinion & Award was so egregious that he left the door wide open for appeal and counter action. As far as the East pilot’s power, I believe we need to look no further than the Delta pilots and how they reacted to US Airways' hostile takeover bid. According to Bruce Lakefield, the Delta pilots were the ones who killed the deal, and I bet there were those that said there was nothing they could do, but in the end, their solidarity prevented them from succumbing to US Airways and we can do the same thing too.
Finally, in a previous email to Jack Stephan another option has surfaced, with a portion show below:
In previous emails to our group, I have written at length on the benefits, both from a seniority and economic view, of not obtaining a new joint contract with the company and the America West pilots to prevent inequities like the ones described by Jed.
However, there is another option that is surfaced, which I understand is being discussed by the US Airways MEC meeting and that is to decertify and “kick†ALPA off of the property. This action is profound and has a number of implications for ALPA International, the America West pilots, US Airways, and the other US Airways represented employee groups, and is one I will wholeheatedly support and I encourage you to pursue with vigor.
If the US Airways pilots elect to decertify ALPA from the property and we did not reach a joint combined contract with the America West pilots and the company, senior management could not implement George Nicolau’s seniority list and the ALPA constitution and by-laws and policy manual would no longer be controlling. Thus, the requirement for an Arbitrators decision being binding may no longer exist.
Then US Airways ALPA would have the legal right to solicit another outside union or form an inside union to represent the interests of the US Airways pilots. With a union separate from ALPA then the company, US Airways and America West pilots would need to petition the NMB to order a representational election to see what union would represent the East and West pilots.
Here is the interesting part. The US Airways pilots are a larger group than the America West pilots and would have effective control over what union could represent the combined group pilots, and equally important the “East†pilots could kick ALPA off of the America West property too.
The ramifications of this action are enormous and profound, which could include:
ALPA International would lose over 6,400 members and this could cause other disgruntled pilot groups to leave ALPA as well, causing a major loss of ALPA dues revenue, and unwinding of the union.
If the US Airways pilots leave ALPA and force the America West pilots to leave ALPA too, then the US Airways pilots could dictate what union represents the America West pilots. For example, one option would be the Teamsters – Airline Division. For more information on this union click onto the two links below:
Click here for the link.
Click here for the link.
Click here for the link.
Meanwhile, the new seniority list could not be implemented during this process. Moreover, the US Airways pilots would maintain all widebody flying, the vast majority of attrition based career expectation advancement and pay raises, the America West pilots would have significant stagnation, the company could not combine operations, and without an operational/labor integration, the company would not have much motivation to reach new agreements with the other labor groups that could boost employee pay and benefits.
Also noteworthy, during the process US Airways pilots would have improved pay, benefits, and quality of life because the East attrition is about a 4:1 ratio over the West pilots.
Another interesting development would be that the America West pilots and the company would be required by federal law to enter into Section VI negotiations, which could lead to direct negotiations, mediation, a “30-day†cooling off period, and then a strike. And, during this process there would be no new joint contract between the company and the East and West pilots until the representational and seniority integration was resolved, which could take a very, very long time.
In the long run, I do not believe US Airways East pilots, the US Airways West pilots, or the company would like to see this option proceed and ALPA decertified on either property, but since you’re discussing this very real option today I wanted to prose an alternative
Thus, what can be done to prevent the decertification of ALPA? I believe a negotiated option could be for the US Airways East and West pilots; along with the company, to agree to place permanent fences around West and East Coast Crew bases. These fences would prevent a pre-merger US Airways pilot from bidding PHX or LAS and a former America West pilot from bidding BOS, CLT, DCA, LGA, PHL, or PIT. Each pilot group would maintain their pre-merger career expectation and DOH and the combined union and company could negotiate a new joint pilot working agreement, which would benefit the company, the East and West pilots, and the other labor groups.
In addition, there would have to be a number of conditions on the new seniority list and fences such as how would new flying to China, Japan, Israel would be split, how would positions for growth widebody aircraft such as the A340 be shared by each employee group (not replacement aircraft) or in the event of a furlough how would this pain be shared? Other areas would be how to handle shared EMB-190 flying or scope issues such as minimum fleet counts and block hours.
Regardless, the US Airways East pilots have options that will prevent the implementation of the new combined seniority list such as not reaching a new joint contract, pulling out of ALPA, and preventing the seniority list from being implemented cannot be stopped by US Airways’ “executive suite†or the former America West pilots. Furthermore, the decertification of ALPA could be executed by other airline labor unions in any future merger, which may prevent industry consolidation from occurring in the future.
Finally, thank you for your actions, which include from your chairman's message today, "I will keep you informed of the events taking place in light of the travesty handed to us in the Nicolau arbitration ruling. Two conference calls took place yesterday, the first one being a Pilot to Pilot conference call which produced feedback and ideas that are critical to our process moving forward. Next was a conference call with the MEC Officers, key committees and legal. The purpose of the call was to share information in preparation for today’s special MEC meeting involving developing strategy and setting priorities. When examining how to challenge the integration award, we are looking at all options at our disposal, nothing has been ruled out."
Regards,
USA320Pilot
The MEC held most of their meeting in closed session so its seniority list integration strategy does not become public. This email is long, but listed below are some of the MEC’s public actions and some additional options, some of which have been discussed before.
Apparently, there is no mechanism for ALPA National to reject the Nicolau award, which is binding per the Constitution and by-laws. However, the MEC directed the Merger Committee and Council to provide an in depth briefing involving charts and graphs depicting the severe impact of the Nicolau award. According to last night’s code-a-phone “ALPA’s (Internationals) Executive Council receive a presentation regarding the Nicolau Award from our Merger Committee at its next regular meeting two weeks from now, and that the full resources of the (International) Association be made available to support the US Airways’ pilots in connection with the turmoil generated by the Nicolau Award.
With that said, ALPA is a political body and will likely act as such, but with the threat of decertifying ALPA on this property and attempting to do so on the AWA property, this could give us some leverage. Regardless, this will take at least two weeks to unfold.
It appears one area of leverage we have over a body is with the Company because Doug Parker can reject the new seniority list if it will cause damage to the business enterprise. Our leverage: operating without enthusiasm and not agreeing to a new combined contract. Will the company want to operate without new joint agreements? No, but they can. In addition, this could prevent the other labor groups from getting new deals because without every union obtaining new CBA’s, US Airways cannot complete its merger integration and realizing further needed cost and revenue synergies.
Therefore, the MEC drected the Strike Prep Committee (SPC) to stand down all activities, which include the coast-to-coast “rolling thunder†picketing and all other activity designed to help the pilots obtain a new CBA. In addition, the US Airways MEC and US Airways JNC members cancelled meetings to be held next week and beyond with their AWA MEC and JNC counterparts that were being held to develop ALPA’s counter proposal to the company’s first comprehensive contract proposal, which is being delivered to the Association today.
Meanwhile, according to MEC chairman Jack Stephan he is "joining the JNC in Washington D.C. as they receive management’s first economic counter-proposal. But make no mistake; my number one priority remains your well being and our corresponding response to the devastating effects of the Nicolau award." These talks are being led by US Airways president Scott Kirby, who along with Doug Parker, has the right to set aside the Nicolau award.
In my opinion, the MEC is taking a number of steps to get the Nicolau award set aside, but it is going to take a couple of weeks to get this undone and I believe our greatest asset in this fight is that Nocolau's Opinion & Award was so egregious that he left the door wide open for appeal and counter action. As far as the East pilot’s power, I believe we need to look no further than the Delta pilots and how they reacted to US Airways' hostile takeover bid. According to Bruce Lakefield, the Delta pilots were the ones who killed the deal, and I bet there were those that said there was nothing they could do, but in the end, their solidarity prevented them from succumbing to US Airways and we can do the same thing too.
Finally, in a previous email to Jack Stephan another option has surfaced, with a portion show below:
In previous emails to our group, I have written at length on the benefits, both from a seniority and economic view, of not obtaining a new joint contract with the company and the America West pilots to prevent inequities like the ones described by Jed.
However, there is another option that is surfaced, which I understand is being discussed by the US Airways MEC meeting and that is to decertify and “kick†ALPA off of the property. This action is profound and has a number of implications for ALPA International, the America West pilots, US Airways, and the other US Airways represented employee groups, and is one I will wholeheatedly support and I encourage you to pursue with vigor.
If the US Airways pilots elect to decertify ALPA from the property and we did not reach a joint combined contract with the America West pilots and the company, senior management could not implement George Nicolau’s seniority list and the ALPA constitution and by-laws and policy manual would no longer be controlling. Thus, the requirement for an Arbitrators decision being binding may no longer exist.
Then US Airways ALPA would have the legal right to solicit another outside union or form an inside union to represent the interests of the US Airways pilots. With a union separate from ALPA then the company, US Airways and America West pilots would need to petition the NMB to order a representational election to see what union would represent the East and West pilots.
Here is the interesting part. The US Airways pilots are a larger group than the America West pilots and would have effective control over what union could represent the combined group pilots, and equally important the “East†pilots could kick ALPA off of the America West property too.
The ramifications of this action are enormous and profound, which could include:
ALPA International would lose over 6,400 members and this could cause other disgruntled pilot groups to leave ALPA as well, causing a major loss of ALPA dues revenue, and unwinding of the union.
If the US Airways pilots leave ALPA and force the America West pilots to leave ALPA too, then the US Airways pilots could dictate what union represents the America West pilots. For example, one option would be the Teamsters – Airline Division. For more information on this union click onto the two links below:
Click here for the link.
Click here for the link.
Click here for the link.
Meanwhile, the new seniority list could not be implemented during this process. Moreover, the US Airways pilots would maintain all widebody flying, the vast majority of attrition based career expectation advancement and pay raises, the America West pilots would have significant stagnation, the company could not combine operations, and without an operational/labor integration, the company would not have much motivation to reach new agreements with the other labor groups that could boost employee pay and benefits.
Also noteworthy, during the process US Airways pilots would have improved pay, benefits, and quality of life because the East attrition is about a 4:1 ratio over the West pilots.
Another interesting development would be that the America West pilots and the company would be required by federal law to enter into Section VI negotiations, which could lead to direct negotiations, mediation, a “30-day†cooling off period, and then a strike. And, during this process there would be no new joint contract between the company and the East and West pilots until the representational and seniority integration was resolved, which could take a very, very long time.
In the long run, I do not believe US Airways East pilots, the US Airways West pilots, or the company would like to see this option proceed and ALPA decertified on either property, but since you’re discussing this very real option today I wanted to prose an alternative
Thus, what can be done to prevent the decertification of ALPA? I believe a negotiated option could be for the US Airways East and West pilots; along with the company, to agree to place permanent fences around West and East Coast Crew bases. These fences would prevent a pre-merger US Airways pilot from bidding PHX or LAS and a former America West pilot from bidding BOS, CLT, DCA, LGA, PHL, or PIT. Each pilot group would maintain their pre-merger career expectation and DOH and the combined union and company could negotiate a new joint pilot working agreement, which would benefit the company, the East and West pilots, and the other labor groups.
In addition, there would have to be a number of conditions on the new seniority list and fences such as how would new flying to China, Japan, Israel would be split, how would positions for growth widebody aircraft such as the A340 be shared by each employee group (not replacement aircraft) or in the event of a furlough how would this pain be shared? Other areas would be how to handle shared EMB-190 flying or scope issues such as minimum fleet counts and block hours.
Regardless, the US Airways East pilots have options that will prevent the implementation of the new combined seniority list such as not reaching a new joint contract, pulling out of ALPA, and preventing the seniority list from being implemented cannot be stopped by US Airways’ “executive suite†or the former America West pilots. Furthermore, the decertification of ALPA could be executed by other airline labor unions in any future merger, which may prevent industry consolidation from occurring in the future.
Finally, thank you for your actions, which include from your chairman's message today, "I will keep you informed of the events taking place in light of the travesty handed to us in the Nicolau arbitration ruling. Two conference calls took place yesterday, the first one being a Pilot to Pilot conference call which produced feedback and ideas that are critical to our process moving forward. Next was a conference call with the MEC Officers, key committees and legal. The purpose of the call was to share information in preparation for today’s special MEC meeting involving developing strategy and setting priorities. When examining how to challenge the integration award, we are looking at all options at our disposal, nothing has been ruled out."
Regards,
USA320Pilot
B)
