US Airways ALPA MEC Chairman’s Message - May 21, 2007
This is MEC Chairman Jack Stephan with a Chairman's message to the pilots for Monday, May 21, 2007.
Today over 400 US Airways Pilots arrived in Herndon, VA, and delivered a message to our National union that if they are serious about “taking back†our union, no US Airways pilot can be left behind. It was truly an honor to witness the solidarity of our pilots, as they greeted the hundreds of pilots arriving by buses from the local DC airports as well as from PHL and CLT. As these pilots got off the buses and checked into the ALPA Herndon Office, they were greeted with applause by the hundreds of US Airways Pilots lining the sidewalks and entranceway into the ALPA Herndon Office. Prior to the presentations, the pilots were led outside where they marched single file, encircling the entire ALPA office building.
At around 1:00 pm in a small upstairs conference room that was filled to capacity with 40 US Airways pilots and staff, the AAA Merger Committee initiated their 30 minute presentation to the Executive Council followed by the AWA merger Committee’s presentation. Following these presentations, both committees had a 10 minute opportunity for rebuttal and then the Executive Council members asked questions of the presenters. The presentations, although not recorded were made available to our pilots in two conference rooms via live feed where hundreds of US Airways Pilots were able to witness the presentations.
I had the opportunity to speak with our pilots before and after the presentations. Also, after the presentations, ALPA President, Captain John Prater took the podium where he addressed an angry crowd of US Airways pilots. Their message to Captain Prater was clear, “Fix this now.†And, “You can’t take the union back without us.â€
I would like to offer a brief summary of the Merger Committee presentations that were made to the Executive council. Both the AAA and AWA presentations are posted in their entirety in “What’s New.â€
The US Airways Merger Committee’s presentation focused on gross windfalls to the America West Pilots at the expense of the US Airways Pilots which is in direct violation of ALPA merger policy. Due to the fact that ALPA merger policy was not complied with, the award should be struck down and invalidated. Some of the inequities presented were:
• Although US Airways supplies 80% of the attrition vacancies, many of our pilots never see the Captain seat or they suffer delays where as AWA pilots leap ahead up to six years.
• Total windfall gain in wide-body Captain years. AWA +2,373 years vs. AAA (-2,373) years.
• Total windfall gain in narrow body Captain years. AWA +2,090 years vs. AAA (-2,090) years.
• AAA Legal Council noted discrepancies in the certified lists that incorrectly placed some of our pilots in a furloughed status as well as highlighted that the arbitrator disregarded key evidence in the case regarding AWA’s certain downsizing and bankruptcy filing absent the merger.
Our presentation also reminded the Executive Council, that they indeed had the duty and obligation to interpret ALPA merger policy.
The AWA Merger Committee presentation basically relied on the premise that the award was “final and binding.†Their Merger Council cited ALPA’s role of neutrality, and that ALPA’s responsibility is to “defend and present†the award.
Towards the end of the day, the MEC convened its special meeting to discuss the events of the day. We then recessed to the call of the Chair in anticipation of the Executive Council’s action later this week. Regardless of their decision, it is important for you to know that your MEC will take whatever action is necessary to protect the careers of the US Airways Pilots.
In the meantime, stay informed and look out for each other. Keep your families first and as always, fly safe and thanks for listening.
Update on Executive Council Meeting – May 21, 2007
For those that could not attend, these were some of my observations. I was very impressed with the turn out. As many Captains as F/O's where there which makes me feel that we are all on the same page with this arbitration.
The hearing was in a separate room from the 2 conference rooms where the pilots watched the proceedings on large screen TV's.
Jack Stephan spoke first and as usual did a great job presenting an over view of why this travesty needs to be thrown out.
All three members of our committee spoke next. Each taking a different part of the presentation. They showed graphs and charts to explain the windfall the AWA pilots got. It was very impressive but difficult for those of us in the conference room to follow closely. Several points made were that in 2005, AWA lost money and we made a small profit. In 2006, AWA lost 360 million and we made enough in the East to overcome that 360 million lost and actually made a 300 million plus profit. Also, it was revealed this week that Scott Kirby was in charge of a secret program called Zanzibar. Zanzibar was the plan to put AWA into bankruptcy if the merger did not go through and reduce the airline by 15% immediately.
Next the AWA pilot's MEC Chairman got up and stated that the arbitration was set in stone and ALPA National had no right to even be looking into the ruling. In addition, he wanted the arbitration award certified by ALPA National and sent to the company as quickly as possible so we can get back to joint contract negotiations. He was roundly booed. For the AWA pilots, it's "let's not look at this ruling too closely." Just give it to the company so we can get back to the important things like getting raises. I think he is afraid it won't pass the smell test.
Then AWA attorney got up to present essentially the same argument that the arbitration stands and there is no reason ALPA National needs to examine it. He had no exhibitions and no real argument except that the arbitration should stand as is and should not be examined by ALPA.
Dan Katz, our attorney got up and gave examples of other arbitration's that were overturned by ALPA. He countered everything the AWA attorney said about ALPA not looking at this ruling.
Finally, Prater got up and thanked everyone and there was a question and answer period by the Executive Committee and the AWA and our people to clarify some points.
There was a 15 minute recess and then Prater came down to one conference room. That was when things got interesting. Prater said he didn't know what ALPA could do but had gotten hundreds of e-mails and messages. He said he knew how angry everyone was but that was to be expected.
He said he also monitored some of the web sites to see what was being said. He got a lot of heat when he suggested that a pilot with 1 week in the union has as many rights as a pilot with 25 years. He also said that it was not ALPA National's fault that we worked for a company that went bankrupt. His arguments just dug deeper holes for him.
Pilots in the room tried to explain their anger, but Prater just kept telling us that he understood their pain but he didn't know what he could or would do.
My feeling was he was hoping to placate us with BS and no one bought into it. Eventually he said that ALPA National would attempt to negotiate a settlement between the two groups but that probably no one would be happy with the outcome.
No decision was made while I was there and I don't hold out much hope that they will overturn this.
He did know we are threatening to leave ALPA and said before we did decertify them, he wanted to talk to each MEC. He made no converts that I could see.
BOS F/O Rep. Update – May 22, 2007
BOS Pilots,
John Prater's statement (to paraphrase)....that a pilot with one week in ALPA has as much rights as a pilot with 25 years...says it all.
With them now checking the "I feel your pain box," get ready for their solution... that we should attempt to mitigate the hardship through the JNC process.
So here are the options I see for the AAA Group:
1. Accept the award, and attempt to negotiate a better deal for the career F/O's, or...
2. Decertify ALPA, thereby reaffirming what we have said to the world, that this award is unacceptable.
I'm in favor of decertification. Enough of this beating our head against a wall. If we are going to take a stand, then let's win it, and stop subjecting ourselves to the humiliation of defeat.
If, on the other hand, you would prefer to address this through the JNC process, then you'll need to remain in ALPA in order to retain the maximum amount of leverage to do so.
Let me know, because if the BOS sentiment is to decertify, than I'll be resigning my position as your ALPA F/O Rep, as the two don't go together.
PHL LEC Update - May 21, 2007
Dear Philadelphia Pilots,
We have never been so proud to be a part of this pilot group than today when we arrived at the Herndon offices of ALPA. As our buses arrived from PHL, we were met by a chorus of applauding and cheering uniformed pilots in a 2 to 3 deep L-formation stretching from one end of the building to the other. Our pilots added about another 150 to the roughly 350 on hand to attend the meeting of YOUR Executive Council.
Our heartfelt thanks goes out to those of you who turned out - in and out of uniform - as well as those pilots from other airlines attending as well. Yes, there were more colors than merely silver and blue! To those of you unable to attend, you were respectfully represented and should be proud of your fellow pilots in attendance!
We hope the members of the Executive Council 'heard the cry' and will take into consideration what they saw:
It's one thing to show up in your own crew base to support informational picketing. It's something else, entirely, when 500 plus pilots go far out of their way to get to Herndon.
We believe our message was loud and clear: The Nicolau Arbitration Award does not conform to ALPA Merger Policy and provides career windfalls at the unending expense of you - the US Airways pilot group.
Further, if allowed to stand, this award represents not only future adverse precedent for ALPA pilots at their respective companies, but has the potential to gravely harm the association administration and, ultimately, ALPA as a union.
We wish to state for the record: Either ALPA policies stand, and are enforced, for equitable treatment of all ALPA pilots or they aren't worth the paper they're written on.
Now, a decision is in the hands of the ALPA Executive Board, but regardless of that decision, we will prevail!
We hope the board members understand how the America West pilots are now like a group of bank robbers who have escaped prosecution on a 'technical point' and are now sitting at home gloating over their potential 'loot.' But what they fail to realize is those checks remain highly uncashable and remain dependant upon future deposits from you - the US Airways pilots.
Hint, hint.
Fraternally,
Eric Rowe
Dave Ciabattoni
Jim Portale
DCA Council 138 Update – May 21, 2007
From: [email protected]
Date: May 21, 2007 8:15:29 PM EDT
To: aaa138-fastread <[email protected]>
Subject: Herndon Executive Council Meeting
Reply-To: aaa138-fastread [email protected]
May 21, 2007
Dear Fellow Pilots;
Today, more than four hundred USAirways pilots turned out at the ALPA Herndon Offices to demonstrate that we firmly believe that the Nicolau Award violates ALPA Merger Policy.
As pilots arrived by busses, they were met by applause by two lines of uniformed pilots as they offloaded. Once all of the pilots arrived, we marched several times in single file around the perimeter of the building.
At 1:00 p.m. the pilots gathered in two conference rooms to watch via closed circuit television the AAA and AWA presentations to the Executive Council.
The Executive Council allocated thirty minutes for each side to present their case followed by a ten minute rebuttal. Our case is based on the fact that the America West pilots gain a windfall at our expense. We argued that this violates ALPA Merger Policy and therefore the Executive Council should overturn the Nicolau Award.
As predicted, the AWA merger counsel claimed that the Executive Council does not have the authority to overturn this award and must uphold it even if it doesn't comport with ALPA Merger Policy.
We expect the Executive Council to rule on this matter later this week. Our MEC is recessed to the "call of the chair" to reconvene when the Council makes it's ruling.
When the Executive Council took a recess at the end of the presentations, while the MEC and Pilot-to-Pilot volunteers took the opportunity to speak to individual Executive Council members, ALPA President John Prater met with our pilots to answer questions.
Though he was somewhat noncommittal, he saw face to face the outrage of the pilots whose lives are affected by this award. The large attendance of pilots are the flesh and blood examples of who he just viewed as statistics a few minutes earlier.
The Executive Board, which is made up of all the MEC Chairmen within ALPA, will be meeting simultaneously this week. This allows more opportunity for our MEC Officers to speak with more ALPA pilots about the inequities and the violation of merger policy contained in this award.
Our EVP, Tom Zebarini, understands and supports our position. He's been overwhelmed by the volume of your e-mails and wished he could have responded to each one of them prior to the meeting.
As we do expect the Council to make a ruling this week, their decision will be reported on the Code-a-phone.
Thanks again for our DCA-base Strike Prep Committee members, Pilot-to-Pilot volunteers, and all the pilots who took the time on their day off to attend this important event today.
Fraternally,
Bob Sauer, Chairman
Don Baier, Vice Chairman
Steve Boveri, Sec/Treasurer
Business News Briefs - Pittsburgh Business Section - Tuesday, May 22, 2007
Pilots meeting affects flights
US Airways said 58 flights were canceled yesterday due to crew shortages, as about 200 US Airways pilots attended a meeting hosted by the executive council of the national Air Line Pilots Association in Herndon, Va. Unions representing the old US Airways and America West Airlines gave presentations, with the America West pilots arguing that a seniority list issued recently by a federal arbitrator should stand and the pilots from the old US Airways urging ALPA to throw out the ruling, saying it was unfair to the pilots who have sacrificed through two bankruptcies. No decision was reached by ALPA.
USA320Pilot's Comments – May 22, 2007
I am all for decertifying ALPA if an acceptable solution is not found to the Nicolau Award problem, but before the East pilots take any action I believe it would be best to wait until the end of the week.
Here are some thoughts:
* I believe a sitting MEC member (Officer or Representative) probably cannot hold that position and lead a decertification attempt. If they did ALPA could legally put the union into receivership.
* According to a colleague of mine, ALPA President John Prater said "that ALPA National would attempt to negotiate a settlement between the two groups but that probably no one would be happy with the outcome.â€
* Jack Stephan said, “Towards the end of the day, the MEC convened its special meeting to discuss the events of the day. We then recessed to the call of the Chair in anticipation of the Executive Council’s action later this week. Regardless of their decision, it is important for you to know that your MEC will take whatever action is necessary to protect the careers of the US Airways Pilots.â€
* The last bus of approximately 100 pilots from PHL arrived and the pilots already outside ALPA Headqurters began clapping as the PHL pilots marched single file into the building. One of the many security guards leaned over to a colleague of mine and said he was a "very concerned" with a look on his face and then he said, “In my 2 years working here, I ain’t never seen nothing like this before!â€
* AWA states that ALPA has never interfered and invalidated an award. East attorney Dan Katz said that hile ALPA has had issues with other arbitrations, this is the first time there has been a request to ALPA to invalidate an award.
* The award must be signed off by ALPA and Doug Parker. There was a case (Alaska merger?) where the CEO stepped in and adjusted an award or had the parties work it out.
* Mark Seal, a United Pilot and EVP asked a question regarding the method used to pick the arbitrator (alternate strike method). I believe he addressed our merger council when he asked if we ever questioned or evaluated Nicolau’s competency.
* National Officer Paul Rice asked about Parker’s bankruptcy statements being discarded and about their only "plan B" being bankruptcy.
* The AWA attorney, for about the forth time, reiterated that the award was final and binding and ALPA must defend it. Our attorney countered by stating that is just one of ALPA’s many rules. There is also no leap-frogging, etc. If there are conflicting rules, then it is the responsibility of the EC to interpret them and make a decision.
* I believe they stated that there was an arbitration in Canada (Air Canada ?) that was invalidated. A new arbitrator was used and a totally different award was rendered. The AWA attorney countered by stating that the Canadian legal system is different than ours.
Interestingly, it was revealed yesterday at the EC meeting Scott Kirby was placed in charge of an AWA program called "Project Zanzibar". If the merger had not proceeded "Project Zanzibar" would have been immediately implemented, which was an AWA Chapter 11 bankruptcy filing.
USA320Pilot's Additional Comments/Further EC Update: At the beginning of today's ALPA’s Executive Council (EC) meetingng ALPA president John Prater made opening remarks. His remarks covered a number of topics, but the topic he spent the most time on was the US Airways – America West seniority integration award. Prater indicated the EC must find a solution to the problem or there would be dire consequences.
Separately, I have heard rumblings that the Executive Council may try to negotiate a fence agreement and present their proposal to both MEC’s later this week. A couple of EVP’s have indicated they would support throwing the award out, but apparently many of the EVP’s remain non-committal. If meaningful EC action this does occur this week then I believe it might be best for the East MEC deliberate the best course of action before any “grass roots†effort(s) begin.
In regard to a potential fence agreement, in my opinion, it must be long enough to protect the East pilot's career expectations", but short enough to get agreement from the West pilots – not an easy task.
If the East pilots go down the decertifying path there are a couple of points that need to be considered: If the pilots elect to start an in-house union, this action would require a lot of start up capital and would probably require a fairly large pilot assessment to acquire office space, equipment, hire an administrative staff, hire attorney’s for contract and representational work, HIMMS equivalents, aero medical support, E&FA staff/economists, etc. Is that something the East pilots want to do?
Would it make sense to seek a union that already has an Airline Division in place like the Teamsters? The Teamsters are a large powerful union with the financial resources to start a new local, which would not require a large up front rank-and-file assessment to generate capital.
Finally, I believe it might be best for the East pilots to wait until the end of the week before they take any action to see if the EC throws out the Nicolau Award because it violated ALPA Merger Polciy or it finds another acceptable solution. On Thursday the East MEC may reconvene in Crystal City at the Gateway Marriott to consider further action.
Regards,
USA320Pilot
This is MEC Chairman Jack Stephan with a Chairman's message to the pilots for Monday, May 21, 2007.
Today over 400 US Airways Pilots arrived in Herndon, VA, and delivered a message to our National union that if they are serious about “taking back†our union, no US Airways pilot can be left behind. It was truly an honor to witness the solidarity of our pilots, as they greeted the hundreds of pilots arriving by buses from the local DC airports as well as from PHL and CLT. As these pilots got off the buses and checked into the ALPA Herndon Office, they were greeted with applause by the hundreds of US Airways Pilots lining the sidewalks and entranceway into the ALPA Herndon Office. Prior to the presentations, the pilots were led outside where they marched single file, encircling the entire ALPA office building.
At around 1:00 pm in a small upstairs conference room that was filled to capacity with 40 US Airways pilots and staff, the AAA Merger Committee initiated their 30 minute presentation to the Executive Council followed by the AWA merger Committee’s presentation. Following these presentations, both committees had a 10 minute opportunity for rebuttal and then the Executive Council members asked questions of the presenters. The presentations, although not recorded were made available to our pilots in two conference rooms via live feed where hundreds of US Airways Pilots were able to witness the presentations.
I had the opportunity to speak with our pilots before and after the presentations. Also, after the presentations, ALPA President, Captain John Prater took the podium where he addressed an angry crowd of US Airways pilots. Their message to Captain Prater was clear, “Fix this now.†And, “You can’t take the union back without us.â€
I would like to offer a brief summary of the Merger Committee presentations that were made to the Executive council. Both the AAA and AWA presentations are posted in their entirety in “What’s New.â€
The US Airways Merger Committee’s presentation focused on gross windfalls to the America West Pilots at the expense of the US Airways Pilots which is in direct violation of ALPA merger policy. Due to the fact that ALPA merger policy was not complied with, the award should be struck down and invalidated. Some of the inequities presented were:
• Although US Airways supplies 80% of the attrition vacancies, many of our pilots never see the Captain seat or they suffer delays where as AWA pilots leap ahead up to six years.
• Total windfall gain in wide-body Captain years. AWA +2,373 years vs. AAA (-2,373) years.
• Total windfall gain in narrow body Captain years. AWA +2,090 years vs. AAA (-2,090) years.
• AAA Legal Council noted discrepancies in the certified lists that incorrectly placed some of our pilots in a furloughed status as well as highlighted that the arbitrator disregarded key evidence in the case regarding AWA’s certain downsizing and bankruptcy filing absent the merger.
Our presentation also reminded the Executive Council, that they indeed had the duty and obligation to interpret ALPA merger policy.
The AWA Merger Committee presentation basically relied on the premise that the award was “final and binding.†Their Merger Council cited ALPA’s role of neutrality, and that ALPA’s responsibility is to “defend and present†the award.
Towards the end of the day, the MEC convened its special meeting to discuss the events of the day. We then recessed to the call of the Chair in anticipation of the Executive Council’s action later this week. Regardless of their decision, it is important for you to know that your MEC will take whatever action is necessary to protect the careers of the US Airways Pilots.
In the meantime, stay informed and look out for each other. Keep your families first and as always, fly safe and thanks for listening.
Update on Executive Council Meeting – May 21, 2007
For those that could not attend, these were some of my observations. I was very impressed with the turn out. As many Captains as F/O's where there which makes me feel that we are all on the same page with this arbitration.
The hearing was in a separate room from the 2 conference rooms where the pilots watched the proceedings on large screen TV's.
Jack Stephan spoke first and as usual did a great job presenting an over view of why this travesty needs to be thrown out.
All three members of our committee spoke next. Each taking a different part of the presentation. They showed graphs and charts to explain the windfall the AWA pilots got. It was very impressive but difficult for those of us in the conference room to follow closely. Several points made were that in 2005, AWA lost money and we made a small profit. In 2006, AWA lost 360 million and we made enough in the East to overcome that 360 million lost and actually made a 300 million plus profit. Also, it was revealed this week that Scott Kirby was in charge of a secret program called Zanzibar. Zanzibar was the plan to put AWA into bankruptcy if the merger did not go through and reduce the airline by 15% immediately.
Next the AWA pilot's MEC Chairman got up and stated that the arbitration was set in stone and ALPA National had no right to even be looking into the ruling. In addition, he wanted the arbitration award certified by ALPA National and sent to the company as quickly as possible so we can get back to joint contract negotiations. He was roundly booed. For the AWA pilots, it's "let's not look at this ruling too closely." Just give it to the company so we can get back to the important things like getting raises. I think he is afraid it won't pass the smell test.
Then AWA attorney got up to present essentially the same argument that the arbitration stands and there is no reason ALPA National needs to examine it. He had no exhibitions and no real argument except that the arbitration should stand as is and should not be examined by ALPA.
Dan Katz, our attorney got up and gave examples of other arbitration's that were overturned by ALPA. He countered everything the AWA attorney said about ALPA not looking at this ruling.
Finally, Prater got up and thanked everyone and there was a question and answer period by the Executive Committee and the AWA and our people to clarify some points.
There was a 15 minute recess and then Prater came down to one conference room. That was when things got interesting. Prater said he didn't know what ALPA could do but had gotten hundreds of e-mails and messages. He said he knew how angry everyone was but that was to be expected.
He said he also monitored some of the web sites to see what was being said. He got a lot of heat when he suggested that a pilot with 1 week in the union has as many rights as a pilot with 25 years. He also said that it was not ALPA National's fault that we worked for a company that went bankrupt. His arguments just dug deeper holes for him.
Pilots in the room tried to explain their anger, but Prater just kept telling us that he understood their pain but he didn't know what he could or would do.
My feeling was he was hoping to placate us with BS and no one bought into it. Eventually he said that ALPA National would attempt to negotiate a settlement between the two groups but that probably no one would be happy with the outcome.
No decision was made while I was there and I don't hold out much hope that they will overturn this.
He did know we are threatening to leave ALPA and said before we did decertify them, he wanted to talk to each MEC. He made no converts that I could see.
BOS F/O Rep. Update – May 22, 2007
BOS Pilots,
John Prater's statement (to paraphrase)....that a pilot with one week in ALPA has as much rights as a pilot with 25 years...says it all.
With them now checking the "I feel your pain box," get ready for their solution... that we should attempt to mitigate the hardship through the JNC process.
So here are the options I see for the AAA Group:
1. Accept the award, and attempt to negotiate a better deal for the career F/O's, or...
2. Decertify ALPA, thereby reaffirming what we have said to the world, that this award is unacceptable.
I'm in favor of decertification. Enough of this beating our head against a wall. If we are going to take a stand, then let's win it, and stop subjecting ourselves to the humiliation of defeat.
If, on the other hand, you would prefer to address this through the JNC process, then you'll need to remain in ALPA in order to retain the maximum amount of leverage to do so.
Let me know, because if the BOS sentiment is to decertify, than I'll be resigning my position as your ALPA F/O Rep, as the two don't go together.
PHL LEC Update - May 21, 2007
Dear Philadelphia Pilots,
We have never been so proud to be a part of this pilot group than today when we arrived at the Herndon offices of ALPA. As our buses arrived from PHL, we were met by a chorus of applauding and cheering uniformed pilots in a 2 to 3 deep L-formation stretching from one end of the building to the other. Our pilots added about another 150 to the roughly 350 on hand to attend the meeting of YOUR Executive Council.
Our heartfelt thanks goes out to those of you who turned out - in and out of uniform - as well as those pilots from other airlines attending as well. Yes, there were more colors than merely silver and blue! To those of you unable to attend, you were respectfully represented and should be proud of your fellow pilots in attendance!
We hope the members of the Executive Council 'heard the cry' and will take into consideration what they saw:
It's one thing to show up in your own crew base to support informational picketing. It's something else, entirely, when 500 plus pilots go far out of their way to get to Herndon.
We believe our message was loud and clear: The Nicolau Arbitration Award does not conform to ALPA Merger Policy and provides career windfalls at the unending expense of you - the US Airways pilot group.
Further, if allowed to stand, this award represents not only future adverse precedent for ALPA pilots at their respective companies, but has the potential to gravely harm the association administration and, ultimately, ALPA as a union.
We wish to state for the record: Either ALPA policies stand, and are enforced, for equitable treatment of all ALPA pilots or they aren't worth the paper they're written on.
Now, a decision is in the hands of the ALPA Executive Board, but regardless of that decision, we will prevail!
We hope the board members understand how the America West pilots are now like a group of bank robbers who have escaped prosecution on a 'technical point' and are now sitting at home gloating over their potential 'loot.' But what they fail to realize is those checks remain highly uncashable and remain dependant upon future deposits from you - the US Airways pilots.
Hint, hint.
Fraternally,
Eric Rowe
Dave Ciabattoni
Jim Portale
DCA Council 138 Update – May 21, 2007
From: [email protected]
Date: May 21, 2007 8:15:29 PM EDT
To: aaa138-fastread <[email protected]>
Subject: Herndon Executive Council Meeting
Reply-To: aaa138-fastread [email protected]
May 21, 2007
Dear Fellow Pilots;
Today, more than four hundred USAirways pilots turned out at the ALPA Herndon Offices to demonstrate that we firmly believe that the Nicolau Award violates ALPA Merger Policy.
As pilots arrived by busses, they were met by applause by two lines of uniformed pilots as they offloaded. Once all of the pilots arrived, we marched several times in single file around the perimeter of the building.
At 1:00 p.m. the pilots gathered in two conference rooms to watch via closed circuit television the AAA and AWA presentations to the Executive Council.
The Executive Council allocated thirty minutes for each side to present their case followed by a ten minute rebuttal. Our case is based on the fact that the America West pilots gain a windfall at our expense. We argued that this violates ALPA Merger Policy and therefore the Executive Council should overturn the Nicolau Award.
As predicted, the AWA merger counsel claimed that the Executive Council does not have the authority to overturn this award and must uphold it even if it doesn't comport with ALPA Merger Policy.
We expect the Executive Council to rule on this matter later this week. Our MEC is recessed to the "call of the chair" to reconvene when the Council makes it's ruling.
When the Executive Council took a recess at the end of the presentations, while the MEC and Pilot-to-Pilot volunteers took the opportunity to speak to individual Executive Council members, ALPA President John Prater met with our pilots to answer questions.
Though he was somewhat noncommittal, he saw face to face the outrage of the pilots whose lives are affected by this award. The large attendance of pilots are the flesh and blood examples of who he just viewed as statistics a few minutes earlier.
The Executive Board, which is made up of all the MEC Chairmen within ALPA, will be meeting simultaneously this week. This allows more opportunity for our MEC Officers to speak with more ALPA pilots about the inequities and the violation of merger policy contained in this award.
Our EVP, Tom Zebarini, understands and supports our position. He's been overwhelmed by the volume of your e-mails and wished he could have responded to each one of them prior to the meeting.
As we do expect the Council to make a ruling this week, their decision will be reported on the Code-a-phone.
Thanks again for our DCA-base Strike Prep Committee members, Pilot-to-Pilot volunteers, and all the pilots who took the time on their day off to attend this important event today.
Fraternally,
Bob Sauer, Chairman
Don Baier, Vice Chairman
Steve Boveri, Sec/Treasurer
Business News Briefs - Pittsburgh Business Section - Tuesday, May 22, 2007
Pilots meeting affects flights
US Airways said 58 flights were canceled yesterday due to crew shortages, as about 200 US Airways pilots attended a meeting hosted by the executive council of the national Air Line Pilots Association in Herndon, Va. Unions representing the old US Airways and America West Airlines gave presentations, with the America West pilots arguing that a seniority list issued recently by a federal arbitrator should stand and the pilots from the old US Airways urging ALPA to throw out the ruling, saying it was unfair to the pilots who have sacrificed through two bankruptcies. No decision was reached by ALPA.
USA320Pilot's Comments – May 22, 2007
I am all for decertifying ALPA if an acceptable solution is not found to the Nicolau Award problem, but before the East pilots take any action I believe it would be best to wait until the end of the week.
Here are some thoughts:
* I believe a sitting MEC member (Officer or Representative) probably cannot hold that position and lead a decertification attempt. If they did ALPA could legally put the union into receivership.
* According to a colleague of mine, ALPA President John Prater said "that ALPA National would attempt to negotiate a settlement between the two groups but that probably no one would be happy with the outcome.â€
* Jack Stephan said, “Towards the end of the day, the MEC convened its special meeting to discuss the events of the day. We then recessed to the call of the Chair in anticipation of the Executive Council’s action later this week. Regardless of their decision, it is important for you to know that your MEC will take whatever action is necessary to protect the careers of the US Airways Pilots.â€
* The last bus of approximately 100 pilots from PHL arrived and the pilots already outside ALPA Headqurters began clapping as the PHL pilots marched single file into the building. One of the many security guards leaned over to a colleague of mine and said he was a "very concerned" with a look on his face and then he said, “In my 2 years working here, I ain’t never seen nothing like this before!â€
* AWA states that ALPA has never interfered and invalidated an award. East attorney Dan Katz said that hile ALPA has had issues with other arbitrations, this is the first time there has been a request to ALPA to invalidate an award.
* The award must be signed off by ALPA and Doug Parker. There was a case (Alaska merger?) where the CEO stepped in and adjusted an award or had the parties work it out.
* Mark Seal, a United Pilot and EVP asked a question regarding the method used to pick the arbitrator (alternate strike method). I believe he addressed our merger council when he asked if we ever questioned or evaluated Nicolau’s competency.
* National Officer Paul Rice asked about Parker’s bankruptcy statements being discarded and about their only "plan B" being bankruptcy.
* The AWA attorney, for about the forth time, reiterated that the award was final and binding and ALPA must defend it. Our attorney countered by stating that is just one of ALPA’s many rules. There is also no leap-frogging, etc. If there are conflicting rules, then it is the responsibility of the EC to interpret them and make a decision.
* I believe they stated that there was an arbitration in Canada (Air Canada ?) that was invalidated. A new arbitrator was used and a totally different award was rendered. The AWA attorney countered by stating that the Canadian legal system is different than ours.
Interestingly, it was revealed yesterday at the EC meeting Scott Kirby was placed in charge of an AWA program called "Project Zanzibar". If the merger had not proceeded "Project Zanzibar" would have been immediately implemented, which was an AWA Chapter 11 bankruptcy filing.
USA320Pilot's Additional Comments/Further EC Update: At the beginning of today's ALPA’s Executive Council (EC) meetingng ALPA president John Prater made opening remarks. His remarks covered a number of topics, but the topic he spent the most time on was the US Airways – America West seniority integration award. Prater indicated the EC must find a solution to the problem or there would be dire consequences.
Separately, I have heard rumblings that the Executive Council may try to negotiate a fence agreement and present their proposal to both MEC’s later this week. A couple of EVP’s have indicated they would support throwing the award out, but apparently many of the EVP’s remain non-committal. If meaningful EC action this does occur this week then I believe it might be best for the East MEC deliberate the best course of action before any “grass roots†effort(s) begin.
In regard to a potential fence agreement, in my opinion, it must be long enough to protect the East pilot's career expectations", but short enough to get agreement from the West pilots – not an easy task.
If the East pilots go down the decertifying path there are a couple of points that need to be considered: If the pilots elect to start an in-house union, this action would require a lot of start up capital and would probably require a fairly large pilot assessment to acquire office space, equipment, hire an administrative staff, hire attorney’s for contract and representational work, HIMMS equivalents, aero medical support, E&FA staff/economists, etc. Is that something the East pilots want to do?
Would it make sense to seek a union that already has an Airline Division in place like the Teamsters? The Teamsters are a large powerful union with the financial resources to start a new local, which would not require a large up front rank-and-file assessment to generate capital.
Finally, I believe it might be best for the East pilots to wait until the end of the week before they take any action to see if the EC throws out the Nicolau Award because it violated ALPA Merger Polciy or it finds another acceptable solution. On Thursday the East MEC may reconvene in Crystal City at the Gateway Marriott to consider further action.
Regards,
USA320Pilot
