US Airways ALPA PHL Council 41 Update - June 4, 2007
Why the List Can’t Be Fixed
Dear Philadelphia Pilots,
For those of you present at Herndon on May 21, 2007 that heard our Chairman, Jack Stephan, tell you and Captain Prater that we were not interested in fixing this list. You now need to know why your PHL Reps really do mean-it; the Nicolau “Award†can’t be fixed!
Numerous assumptions by the Arbitrator to build the list were base on fallacy. Obvious tenets of ALPA Merger policy were not applied by the Arbitrator as describe in our Presentation to the Executive Council of ALPA National. Mainly, and above all else the lack of application of avoiding windfalls at the expense of the other groups was completely missed. There was no test applied to the finished list as described to us by our pilot neutral. In addition the following items (to name a few) render the list un-repairable:
1. The lack of consideration for attrition brought to the merger by the AAA pilots. (4 to 1 ratio of attrition)
2. The MDA pilots being considered not active pilots at time of announced Merger. Arbitrator failed to recognize our certified list.
3. No active time applied for any furloughed pilots.
4. No consideration of staffing formula differences between the two airlines. US Airways currently has fewer pilots per aircraft working more hours causing a discrepancy in equipment ratios that harms the US Airways pilots.
5. The lack of disclosure of impending Bankruptcy filing of AWA under a plan called Project Zanzibar.
6. Procedural errors in the Arbitration process.
Any fix that is attempted would have to be tested against the next Merger or Consolidation. All of this leads to a broken list that can’t be fixed.
ALPA has but one choice, and that is to do the right thing and set this list aside. At that point, we can then consider the next steps to the process. Until that action is taken by National, we are not in a position to best represent out pilots in a fair and equitable manner.
The following is a letter sent to the Executive Council.
To: Capt. J. Prater, President, ALPA
ALPA Executive Board & Council Members
From: ALPA Council 41 PHL LEC
Date: May 21, 2007
Subject: US Airways/America West Merger and Nicolau Arbitration Award.
Council 41 has had literally hundreds of responses to the Arbitration Award. We have been asked to review the reasons why it is clear that Mr. Nicolau failed:
To comprehend and apply ALPA Merger Policy which Mr. Nicolau stated in writing in his Rules of Arbitration as his primary consideration; and
To accurately grasp the employment status of the MDA pilots; and
To recognize the simple difference between journeyman and apprentice pilot; and
To recognize seniority accrued as a result of tenure; and
To recognize exactly how windfalls arise at the expense of another pilot group and how specific Merger Policy provision expressly prohibits it.
Why he flagrantly digressed from reality; why he ignored ALPA Merger Policy provisions; why he failed to follow his own written statement of procedural rules specifically governing this arbitration is not fully known but is presently under investigation. We apologize if this arrives as repetitive information however it is imperative for you to have the following to include in your deliberations:
Mr. Jerry Glass provided sworn testimony stating, and we quote, “MDA is and always has been USAirways. The E-170 aircraft are nothing other than a fleet type at USAirways.†This testimony is available in certified form.
FAA has ruled that MDA does not exist separately from USAirways.
FAA shut down the E-170 ground school sending every pilot home because USAirways was attempting to operate MDA as a wholly-owned carrier called MidAtlantic Airlines.
FAA forced re-writing all E-170 training documents to fully comply with the USAirways FOM.
USAirways’ Training Department strictly prohibited MDA pilot use of the terminology, “MidAtlantic,†and were instructed to refer to themselves as a, “division of USAirways†whenever an FAA Inspector was present or might be listening.
Absolutely no one could define the division between MDA and US Airways mainline and, over time, we learned that there was in fact no division at all.
MDA did not possess a separate, unique operating certificate; it operated under the USAirways FAR Part 121 Operating Certificate.
USAirways had originally intended to operate MDA under the Potomac Air certificate but abandoned that entire concept.
The pilots were paid by USAirways through a payroll service located in Harrisburg, PA, and were, in fact, paid from the exact same payroll account as US Airways mainline pilots.
Annual W-2s received by every pilot at MDA identified USAirways as the employer.
The benefits at MDA were provided and paid for by USAirways and administered by a third party (SSO).
The pilots at MDA were listed as ‘ACTIVE AAA MEMBERS’ on the ALPA Website.
The pilots at MDA paid dues from day one to the AAA chapter of ALPA.
Official flying records for all MDA pilots were maintained by Teresa Bell of USAirways.
Teresa did NOT maintain records for ANY wholly owned carriers.
After nearly a year, the USAirways MEC finally agreed that MDA was USAirways and formally included the names of the CEL pilots on the official USAirways seniority list.
While working as an MDA Captain, F/O Portale was twice nominated for, and elected to, the position of AAA Council 41 Secretary Treasurer. No wholly-owned carrier could EVER have one of their pilots run for an election in the AAA chapter of ALPA – EVER – unless that pilot was on the current seniority list! He was able to lawfully accomplish this because MDA was USAirways!
ALPA recently admitted in Federal Court errs in the manners in which they administered MDA pilots - proffering a monetary settlement which was rejected.
We could continue, there is much more evidences, but we hope you understand the situation. There is NO doubt that MDA was USAirways and those pilots flying were USAirways ALPA pilots. The association’s lack of foresight during this critical period is certainly regrettable as it caused much harm to these pilots in terms of pay and longevity.
That is an argument best saved for another day. Currently we face a massive crisis: Mr. Nicolau’s decision to not credit time served at MDA - and to treat the MDA pilots as though they were furloughed at the time of the merger announcement - is simply contradictory to, and incompatible with, legal realities and current ALPA policy. Time will never heal this injurious decision. We believe this goes straight to the roots of ALPA as a labor union - including suitable responsibility.
It is simply not logical or practical to compound one error with yet another.
As we’ve mentioned, if any of you have the slightest doubt about the authenticity of any of the above statements, we request you notify one of us immediately so we may provide any evidence needed. The arbitrator’s award needs to be vacated simply because it is based upon incorrect information and failure to comply with specific doctrine contained within ALPA Merger Policy.
Many pilots are expressing a belief disbanding ALPA is the answer; the best course of action for them, individually, and our pilot group collectively. We are relatively certain you have seen such comments and heard of petitions in current circulation. This represents acute implications for the association and for all ALPA pilots.
We highly encourage you to appropriately vacate Mr. Nicolau’s Arbitration Award as currently published and to do so without delay. The award, as it stands, represents nothing less than a holocaust – to both pre-merger US Airways pilots and, ultimately our association. The only thing worse would be if this board failed to correct it.
Everyone here knows of politics, individual motivations and personal agenda. We ask that you approach this issue as an open-minded, professional - and representational leader; that you discern the difference between fact and innuendo; that due to the dynamics of our industry you recognize those implications inherent to membership injustice and the future of our union. Your decision at this juncture may impact your individual future.
We believe you recognize the potential of adhering to ALPA policies - or the failure to do so. This issue imparts a hazard of singular magnitude to ALPA: our policies either contain career equities and protections or they do not. Please do not underestimate the impact on the future of our association if failure to support ALPA philosophies and policies becomes absent today.
This issue is not about politics. It is about specifically provisioned justice entitled to every ALPA pilot. It is about adhering to policies which supposedly exist for all members from the top to the bottom. Policies and tenure must not be selectively ignored or purposefully disregarded or else they represent nonexistent value and point to increasingly discernable problems within our association.
It sets the stage for subsequent atrocities for members of ALPA.
Signed,
Capt. Eric Rowe, PHL LEC 41 Chairman
F/O David Ciabattoni, PHL LEC 41 Vice-Chairman
F/O James Portale, PHL LEC 41 Secretary/Treasurer
Why the List Can’t Be Fixed
Dear Philadelphia Pilots,
For those of you present at Herndon on May 21, 2007 that heard our Chairman, Jack Stephan, tell you and Captain Prater that we were not interested in fixing this list. You now need to know why your PHL Reps really do mean-it; the Nicolau “Award†can’t be fixed!
Numerous assumptions by the Arbitrator to build the list were base on fallacy. Obvious tenets of ALPA Merger policy were not applied by the Arbitrator as describe in our Presentation to the Executive Council of ALPA National. Mainly, and above all else the lack of application of avoiding windfalls at the expense of the other groups was completely missed. There was no test applied to the finished list as described to us by our pilot neutral. In addition the following items (to name a few) render the list un-repairable:
1. The lack of consideration for attrition brought to the merger by the AAA pilots. (4 to 1 ratio of attrition)
2. The MDA pilots being considered not active pilots at time of announced Merger. Arbitrator failed to recognize our certified list.
3. No active time applied for any furloughed pilots.
4. No consideration of staffing formula differences between the two airlines. US Airways currently has fewer pilots per aircraft working more hours causing a discrepancy in equipment ratios that harms the US Airways pilots.
5. The lack of disclosure of impending Bankruptcy filing of AWA under a plan called Project Zanzibar.
6. Procedural errors in the Arbitration process.
Any fix that is attempted would have to be tested against the next Merger or Consolidation. All of this leads to a broken list that can’t be fixed.
ALPA has but one choice, and that is to do the right thing and set this list aside. At that point, we can then consider the next steps to the process. Until that action is taken by National, we are not in a position to best represent out pilots in a fair and equitable manner.
The following is a letter sent to the Executive Council.
To: Capt. J. Prater, President, ALPA
ALPA Executive Board & Council Members
From: ALPA Council 41 PHL LEC
Date: May 21, 2007
Subject: US Airways/America West Merger and Nicolau Arbitration Award.
Council 41 has had literally hundreds of responses to the Arbitration Award. We have been asked to review the reasons why it is clear that Mr. Nicolau failed:
To comprehend and apply ALPA Merger Policy which Mr. Nicolau stated in writing in his Rules of Arbitration as his primary consideration; and
To accurately grasp the employment status of the MDA pilots; and
To recognize the simple difference between journeyman and apprentice pilot; and
To recognize seniority accrued as a result of tenure; and
To recognize exactly how windfalls arise at the expense of another pilot group and how specific Merger Policy provision expressly prohibits it.
Why he flagrantly digressed from reality; why he ignored ALPA Merger Policy provisions; why he failed to follow his own written statement of procedural rules specifically governing this arbitration is not fully known but is presently under investigation. We apologize if this arrives as repetitive information however it is imperative for you to have the following to include in your deliberations:
Mr. Jerry Glass provided sworn testimony stating, and we quote, “MDA is and always has been USAirways. The E-170 aircraft are nothing other than a fleet type at USAirways.†This testimony is available in certified form.
FAA has ruled that MDA does not exist separately from USAirways.
FAA shut down the E-170 ground school sending every pilot home because USAirways was attempting to operate MDA as a wholly-owned carrier called MidAtlantic Airlines.
FAA forced re-writing all E-170 training documents to fully comply with the USAirways FOM.
USAirways’ Training Department strictly prohibited MDA pilot use of the terminology, “MidAtlantic,†and were instructed to refer to themselves as a, “division of USAirways†whenever an FAA Inspector was present or might be listening.
Absolutely no one could define the division between MDA and US Airways mainline and, over time, we learned that there was in fact no division at all.
MDA did not possess a separate, unique operating certificate; it operated under the USAirways FAR Part 121 Operating Certificate.
USAirways had originally intended to operate MDA under the Potomac Air certificate but abandoned that entire concept.
The pilots were paid by USAirways through a payroll service located in Harrisburg, PA, and were, in fact, paid from the exact same payroll account as US Airways mainline pilots.
Annual W-2s received by every pilot at MDA identified USAirways as the employer.
The benefits at MDA were provided and paid for by USAirways and administered by a third party (SSO).
The pilots at MDA were listed as ‘ACTIVE AAA MEMBERS’ on the ALPA Website.
The pilots at MDA paid dues from day one to the AAA chapter of ALPA.
Official flying records for all MDA pilots were maintained by Teresa Bell of USAirways.
Teresa did NOT maintain records for ANY wholly owned carriers.
After nearly a year, the USAirways MEC finally agreed that MDA was USAirways and formally included the names of the CEL pilots on the official USAirways seniority list.
While working as an MDA Captain, F/O Portale was twice nominated for, and elected to, the position of AAA Council 41 Secretary Treasurer. No wholly-owned carrier could EVER have one of their pilots run for an election in the AAA chapter of ALPA – EVER – unless that pilot was on the current seniority list! He was able to lawfully accomplish this because MDA was USAirways!
ALPA recently admitted in Federal Court errs in the manners in which they administered MDA pilots - proffering a monetary settlement which was rejected.
We could continue, there is much more evidences, but we hope you understand the situation. There is NO doubt that MDA was USAirways and those pilots flying were USAirways ALPA pilots. The association’s lack of foresight during this critical period is certainly regrettable as it caused much harm to these pilots in terms of pay and longevity.
That is an argument best saved for another day. Currently we face a massive crisis: Mr. Nicolau’s decision to not credit time served at MDA - and to treat the MDA pilots as though they were furloughed at the time of the merger announcement - is simply contradictory to, and incompatible with, legal realities and current ALPA policy. Time will never heal this injurious decision. We believe this goes straight to the roots of ALPA as a labor union - including suitable responsibility.
It is simply not logical or practical to compound one error with yet another.
As we’ve mentioned, if any of you have the slightest doubt about the authenticity of any of the above statements, we request you notify one of us immediately so we may provide any evidence needed. The arbitrator’s award needs to be vacated simply because it is based upon incorrect information and failure to comply with specific doctrine contained within ALPA Merger Policy.
Many pilots are expressing a belief disbanding ALPA is the answer; the best course of action for them, individually, and our pilot group collectively. We are relatively certain you have seen such comments and heard of petitions in current circulation. This represents acute implications for the association and for all ALPA pilots.
We highly encourage you to appropriately vacate Mr. Nicolau’s Arbitration Award as currently published and to do so without delay. The award, as it stands, represents nothing less than a holocaust – to both pre-merger US Airways pilots and, ultimately our association. The only thing worse would be if this board failed to correct it.
Everyone here knows of politics, individual motivations and personal agenda. We ask that you approach this issue as an open-minded, professional - and representational leader; that you discern the difference between fact and innuendo; that due to the dynamics of our industry you recognize those implications inherent to membership injustice and the future of our union. Your decision at this juncture may impact your individual future.
We believe you recognize the potential of adhering to ALPA policies - or the failure to do so. This issue imparts a hazard of singular magnitude to ALPA: our policies either contain career equities and protections or they do not. Please do not underestimate the impact on the future of our association if failure to support ALPA philosophies and policies becomes absent today.
This issue is not about politics. It is about specifically provisioned justice entitled to every ALPA pilot. It is about adhering to policies which supposedly exist for all members from the top to the bottom. Policies and tenure must not be selectively ignored or purposefully disregarded or else they represent nonexistent value and point to increasingly discernable problems within our association.
It sets the stage for subsequent atrocities for members of ALPA.
Signed,
Capt. Eric Rowe, PHL LEC 41 Chairman
F/O David Ciabattoni, PHL LEC 41 Vice-Chairman
F/O James Portale, PHL LEC 41 Secretary/Treasurer
