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US Airways ALPA MEC CODE-A-PHONE UPDATE - July 7, 2007
This is Arnie Gentile with a US Airways MEC update for Saturday, July 7th, with two new items.
Item 1. MEC Chairman Jack Stephan released a Chairman’s Letter to the pilots today that discusses the many important issues facing our pilot group and reviews the work that was accomplished at the recent Second Quarter MEC Meeting. The Chairman’s letter is posted in What’s New and will be emailed to all pilots.
Captain Stephan reviews the past meetings and the upcoming meetings concerning the Nicolau award, including the resolutions that were passed by ALPA’s Executive Council. He reminds our pilots that the Nicolau award has created serious problems for all four parties involved, and as a matter of fact, our problem may not be as grave as others, as we control much of our own destiny.
The letter also discusses “Equal Pay for Equal Work.†Although the Nicolau award is the primary focus of the MEC, it will be in litigation for a period of time. Captain Stephan states that the US Airways East pilots can no longer subsidize corporate profits, other employee group’s profit sharing checks and lucrative executive compensation packages. He points out that all groups on the property including managers, union and non-union employees have all seen parity or pay raises. How management, the AWA pilot leadership or any other party can single out our pilot group and endorse this injustice is inconceivable and it is going to be up to us, the US Airways East Pilots, to put an end to it.
To be successful in achieving “Equal Pay for Equal Work,†our pilots need to re-double their efforts when it comes to following our “Three Pronged Approach.†He asks the pilots to “do your own job,†read the W.A.R. Reports, and answer SPC’s call when we need your participation.
The Negotiating Committee has sent parity pay rates to management and we expect to hear from them shortly.
Item 2. As a reminder, a Special MEC Meeting has been called by MEC Chairman Jack Stephan that will commence at 9:00 a.m., on Thursday, July 12 and adjourn on Friday, July 13, at 5:00 p.m. or at the completion of business.
The agenda for the meeting is as follows:
1. Preparation for the July 17 Special Meeting of the US Airways MEC called by President John Prater.
2. Report from the Joint Negotiating Committee regarding the current JNC negotiations.
3. Report from the Negotiating Committee regarding the proposed Parity negotiations.
The meeting will be held in at the Park Hyatt Washington, 24th and M Street NW, Washington, DC. Phone: 202-789-1234. There is no airport shuttle service, however you can take the Blue Airport Metro Line to the Foggy Bottom Metro Stop. Please be advised that portions of the meeting may be in closed session.
W.A.R. Item 706
US Airways F.O.M.
USAIRWAYS OPERATIONAL PRIORITIES:
1. SAFETY
2. Passenger Comfort
3. Schedule
4. Efficiency
Please remember as of June 25th, we still have 1,404 pilots on furlough, 316 pilots have been recalled, and all pilots on furlough have been offered recall.
Follow the three prong approach, fly safe and thanks for listening.
US Airways MEC Chairman’s Letter - July 07, 2007
Dear Fellow Pilots,
Since the beginning of May, your MEC and MEC Officers have been focused on overturning the Nicolau Award and I would like to start this letter off with a review of the more important events concerning the award. Just days after the award was released, the MEC held a special MEC meeting in Herndon VA, and made it very clear to ALPA President John Prater that all four parties involved, AAA pilots, AWA pilots, ALPA International and the Company, all had a serious problem. We also tried to impress upon him that it was not simply that we were dissatisfied with the outcome. We told him that we knew what “disappointment†was from previous mergers. We expressed the gravity of the devastation that would result for all the parties involved if the goals of ALPA Merger Policy were ignored going forward, as they were in the Nicolau Award itself, and our resolve to prevent that from happening.
Our pilots support in Herndon on May 21st, during the Executive Council meeting, clearly sent that message. We made the impact that was necessary to demonstrate to the Executive Council that the US Airways pilots will not merely go away and that we hold ALPA leadership responsible for the interpretation and administration of their policies, ALPA Merger Policy included. The resolution that was passed May 24th from this Executive Council meeting called for the parties to meet together and explore consensual approaches that promote career protection and mutual success. That led to another meeting called on June 6th by ALPA President, John Prater in compliance with the resolution of the Executive Council that was attended by both AAA/AWA MEC Officers and other ALPA International Officers and of course, their legal staff. Although the purpose of the meeting was to lay the groundwork for compliance with the EC resolution, it didn’t take long for the AWA MEC to notify Captain Prater of their refusal to engage and participate in this process. I was a little surprised later when Captain Prater mentioned that progress was slow at no fault to either side. It was certainly not our fault as we remain prepared to engage in the process directed by the Executive Council. I reminded Captain Prater that it “took two to tango†and that we were not interested in engaging in a process with a recalcitrant partner.
At the second quarter meeting held in Charlotte during the second week in June, the MEC continued to work on vacating and overturning the Nicolau Award. During this meeting the MEC interviewed several law firms outside of ALPA for council to the MEC for legal actions concerning this award. The MEC hired the Washington D.C. labor law firm of Baptiste and Wilder to fill this role. Recall that this is the firm that represented the former Shuttle pilots during the Shuttle/AAA merger.
June 26th ended up being an important day in our quest to right the wrong created by the Nicolau award. The US Airways MEC, with me being a named plaintiff in my capacity as MEC Chairman, filed a law suit in Superior Court of the District of Columbia against the America West MEC, with AWA MEC Chairman John Mc Ilvenna named as defendant. The suit seeks to have the Nicolau award vacated. It is our judgment that this was a necessary course of action in order to protect our pilots. As we progress through this process, we have asked ALPA International to uphold ALPA Policy, which includes ALPA remaining neutral in this dispute.
Also on June 26th, the Executive Council passed two resolutions concerning the US Airways and America West seniority arbitration. The first resolution delayed further action on this issue until the next regular Executive Council meeting on July 17th. During the interim, the second resolution directs ALPA International to do what we would expect from the Association, and that is to try and promote joint talks with the MECs and the JNC in order to work together on consensual approaches. This is exactly what was called for in the first EC resolution back on May 24th to which the AWA MEC responded by refusing to comply with the requirements of the EC resolution. This latest resolution goes further by directing ALPA President John Prater to jointly meet with the two MECs to address issues called for by the Executive Council and to address the concerns of the Executive Council and the respective MECs. It also directs the forming of a committee chaired by ALPA’s First Vice President, Paul Rice, to assist the MECs and the JNC in achieving the stated goals.
In conforming with these resolutions, Captain Prater is calling for a special joint MEC meeting to convene in Washington, DC on Tuesday, July 17th. In preparation for this meeting, I have called our MEC into special session July 12th and 13th. We will update you on the progress and disposition of these meetings via the code a phone.
After viewing Captain Prater’s June 25th video, I have concerns regarding another portion of the Executive Council’s resolution which calls for establishing an ALPA International communications program to provide “accurate information†to the US Airways, America West and all ALPA pilots. For Captain Prater to say on his video that the Nicolau award was simply “not to our liking,†raises much concern as to what kind of communications program we can expect from ALPA International. We can only hope that the recent Captain Prater video is not a example of the upcoming communications we are to receive from ALPA National and that we instead receive true, unbiased and “accurate information.â€
Now that we are down the path of litigation, anything we say, can and will be used against us. Your leadership must be cautious concerning all communications that other parties can use to their benefit and our detriment. We are on a long path that will have many twists and turns along with opportunities. We have been assigned a Judge and on October 5, 2007 there will be an initial conference which most likely will produce a schedule. Our attorney has already briefed us that our case will not likely be decided in 2007. As events unfold we remain committed to providing you with the latest developments.
Where does all this bring us and what can we expect? As I mentioned earlier, the Nicolau award has created serious problems for all four parties involved, and as a matter of fact, our problem may not be as grave as others. We control much of our own destiny and it will be you, the pilots, through your reps, that will determine our fate. Your MEC will have many avenues to explore as we move forward. We as leaders will ask ourselves; what are our chances for success in litigation and what other options could potentially arise during the process that will lead us to our stated goal? If we are successful in vacating the award, what changes if any should we make in a subsequent arbitration? Maybe most importantly we ask ourselves what can we expect from a new arbitrator. Certainly we will expect him to follow ALPA Merger Policy.
Equal pay for equal work and the “Three Prong Approachâ€
We have been patient for far too long on the parity issue. And the Nicolau Award, while our singular focus, may very well be in litigation for some period of time. Management's first comprehensive economic counterproposal was an insult: less than industry-average pay scales and no movement on our retirement plan. They recently further insulted us by offering crumbs in return for us bailing them out of an understaffing crisis that we had pointed out months ago, and in which they publicly denied right up to the moment they asked for relief.
As JNC negotiations have dragged out, our management has taken advantage of our disparate pay structure. US Airways East pilots can no longer subsidize corporate profits, other employee group’s profit sharing checks and lucrative executive compensation packages with our bottom of the barrel, bankruptcy garnered wages. Furthermore, all groups on this property including managers, union and non-union employees have all seen parity or pay raises. How management, the AWA pilot leadership or any other party can single out our pilot group and endorse this injustice is inconceivable and it is going to be up to us to put an end to it. If equal pay for equal work is the mantra for our senior executives, I say let it be ours! The Negotiating Committee has sent parity pay rates to management and we expect to hear from them shortly.
To be successful in achieving “Equal Pay for Equal Work,†our pilots need to re-double their efforts when it comes to following our “Three Pronged Approach.†It is solely up to the US Airways East pilots, so now, more than ever, I ask you to do your own job. Follow The WAR Reports, and answer the call when we need your participation. Management needs to know that the first step in fixing our abysmal operation is to properly acknowledge the group of individuals that made all this possible. That acknowledgement needs to come on the 15th and 30th of each month.
Recent MEC meetings
During the week of June 11-15 in CLT, the MEC completed a special MEC meeting on June 11 and then proceeded with the second quarter meeting.
Special MEC meeting
The special MEC meeting on June 11th was called as a result of the MEC's decision to carry over an agenda from a June 5 special conference call meeting. The agenda included providing direction to the MEC Officers, Merger Committee and Counsel with regard on how to: A. proceed in meetings with ALPA International Officers, ALPA attorneys, and the AWA MEC Officers and B. proceed with future negotiations involving solutions to the seniority integration between AWA and AAA. This meeting, which took up much of the day on Monday, was held in closed session due to strategy and legal considerations.
Second quarter regular MEC meeting.
The second quarter meeting began immediately after the special meeting, and included officer and committee reports. The MEC also heard reports from ALPA Executive Air Safety Chairman Terry McVenes, and ALPA Vice President of Finance Chris Beebe. Captain Beebe is also the chairman of the ALPA Age 60 Blue Ribbon Panel, and he spoke about Age 60 legislative issues, as well as ALPA’s Age 60 stance. More information on this issue can be found under ALPA International’s website at crewroom.alpa.org. He also talked about “CrewPass,†which is a system that will deliver CASS-like information to the security screening checkpoints allowing crewmembers to bypass security screening.
The next day, June 12, began with pilots in good standing addressing the MEC on issues of their own choosing both in person, and, on a trial basis, on the phone. About 30 pilots called in to listen, and more than 10 of them addressed the MEC with their concerns, which is the highest pilot participation rate we'd had in a few years. The majority of these pilots' concerns focused on the Nicolau award, with some pilots offering suggestions for moving forward. Other important topics brought forward by pilots included MEC unity, ALPA’s viability, negotiating snapbacks and MEC closed sessions.
I know that closed sessions carry a stigma with them, but I want to reiterate what I told pilots during this phone call: when closed sessions are held it is to prevent MEC strategies from being made public—not to keep them from our pilots. In fact, often when pilots show up at meetings in person, they have been permitted to sit in on certain closed sessions after they acknowledge confidentiality requirements.
For the rest of the day, the MEC conducted interviews for outside legal consultants and processed items in subcommittee.
On Wednesday, June 13, the MEC started with a briefing from the Negotiating Committee that included the MOU with the Company regarding our line check airmen, recall schedule of furloughed pilots, and the Negotiating Committee budget. The MEC directed me to contact Senior VP of Flight Ops Ed Bular to address the issue of furloughed pilots being forced to make career decisions regarding returning to US Airways without pertinent information, such as but not limited to, longevity credit, pay, and seniority. I have spoken to Captain Bular on this issue and unfortunately, management will not entertain other alternatives to processing the furlough list. He also informed me that they will continue to honor existing employment contracts only and will not accept future ones.
The Merger Committee also gave a report to the MEC in closed session which included further discussions on the effects and inequities of the Nicolau award.
The MEC then worked through agenda items in subcommittee and plenary, and continued to do so on Thursday, June 14. Several notable items include:
The MEC is demanding immediate pay increases in order to obtain parity with the AWA pilots, and that the Strike Preparedness Committee is reactivated in support of our efforts seeking “Equal Pay for Equal Work†for the US Airways East pilots.
After debate, the resolution calling for the recall of Negotiating Committee member, Captain Donn Butkovic, failed.
The MEC reconfirmed the corporation owing the original US Airways pilots $70 million dollars (two $35 million payments) as a contractual stipulation of LOA 93 and also called for an accelerated time frame for the distribution of those funds.
The MEC also took action on these following items:
· Directed the Negotiating Committee to continue Flow Through discussions among the US Airways MEC, US Airways wholly owned MECs, and US Airways.
· After finding management’s settlement offers acceptable for two Transition Agreement disputes, involving cross-flying and pilot training, the MEC authorizes all appropriate resources be utilized to process the remaining disputes under Section X. of the Transition Agreement.
· Adopted a change to the AAA MEC Policy Manual on Flight Pay Loss that puts the MEC's policy in compliance with the ALPA Constitution and By Laws.
· The Company’s latest change to the booking procedures and the addition of over 1800 pilots to the Jumpseat IVR system has the potential to seriously impact the ability of the US Airways pilots to book jumpseats. The MEC believes that these changes are a violation of the US Airways Pilots Working Agreement and LOA 96, and I am going to immediately inform the Company of this violation. If management fails to return to the procedures in effect prior to the June 1, 2007 changeover, then the MEC directs the MEC Grievance Chairman to immediately file a grievance concerning this issue. As always, subject to Captain's authority, all authorized pilots are welcome on US Airways jumpseats.
· The Company’s proposed Alcohol Misuse Prevention Policy (AMPP) and Substance Abuse Policy appears to be more concerned with harassing pilots and subjecting them to discipline than helping pilots who may have alcohol/substance abuse problems. The proposed policy contains numerous errors and has many provisions that could negatively impact our pilot group, and it appears to greatly diminish the role of ALPA and other Unions in assisting employees who may have alcohol/substance abuse problems. I have communicated to the Company our formal objection to the proposed Alcohol Misuse Prevention Policy (AMPP) and Substance Abuse Policy as currently written, and have instructed the AAA members of the Joint Negotiating committee to not finalize a tentative agreement on Section 15, “Physical Examinations and Standards,†until such time as the Company proffers an AMPP and Substance Abuse Policy that is recommended by the MEC’s Aeromedical Coordinating Committee and is approved by the MEC. Once again management’s treatment of themselves greatly differs from the treatment that the US Airways pilots receive. There should be no double standards.
· The MEC has tasked the Legislative Affairs Committee to send a delegation to the presidential candidates of both parties to lobby for Pension Restoration and reform.
· Dennis Brennan was approved to serve on the System Board of Adjustment Pilot Panel.
· Wayne Mann was approved as a member of the Training Committee.
On the final day of the meeting, Friday, June 15, the MEC spent a whole day in a strategy session and made the decision to retain the services of the Washington, DC law firm of Baptiste and Wilder to protect our interests during future seniority list proceedings and strategy.
Furlough update
The Furlough Administrator has posted an important update that reviews the recall process now that the Company has reached the bottom of the furlough list. It's been posted on both the pilots only website and on the public website, as well as being emailed to furloughed pilots.
Airbus Order
Last week, US Airways announced an aircraft order from Airbus for 92 total aircraft. The order included 60 narrowbody Airbus aircraft due to start arriving in 2010, and 10 widebody A-330-200 aircraft (convertible to -300 or A-340s) due to start arriving in 2009, and 22 A-350XWB, powered by Rolls Royce Engines, due to start arriving in 2014.
US Airways currently has 37 narrowbody Airbus aircraft already on firm order due to start arriving in 2009. With today’s order, the Company is committed to 97 narrowbody Airbus aircraft. As these aircraft are delivered, Boeing 737 aircraft will be eliminated.
In Closing
I’m asking our pilots to stick together and to continue to look out for each other. We remain in the fight for our lives and can ill afford distractions and detours that do not help us in our quest. Resist the red herring and any snake oil elixirs. For in the end, it will be our solidarity of purpose and the strength of our resolve that will define this moment in our storied careers.
I continue to need a solid MEC at my side and we cannot deliver what you so rightly deserve without your continued support. With all of us in the same boat, rowing in the same direction, we can accomplish much. That’s why I signed on to this job in the first place. And while I personally wouldn’t mind a lighter load, I am prouder than ever of all of you and the determination I see in your faces. Thank you for that. And while we ask that you keep your families first, your MEC and I will continue to keep you first; first in all the decisions we make and first in all the action we take.
Fraternally,
Captain Jack Stephan
US Airways MEC Chairman
AWA ALPA MEC Hotline - July 6, 2007
• Seniority Award
• Joint MEC Meeting
• Dues Check Off
• Staffing Shortage
• Jumpseat IVR System
• Calculating Training Pay
• Runway Name Change at ORD
• Negotiations Update
Seniority Award
On June 26, the AAA MEC filed a complaint against the AWA MEC in an attempt to overturn the arbitrated seniority award. While our merger attorney, Jeff Freund, is confident that the lawsuit has no merit and that ALPA will step in and defend us if it gets that far, we are, nonetheless, saddened that the AAA MEC felt that this ill-conceived notion was necessary in order to prove to their members that they are doing something about the seniority award. It is time for the AAA MEC to level with their pilots about the realities of the seniority list and focus their attention back on the only thing that will improve all of our well being—joint negotiations. We hope that the AAA MEC is not creating false expectations regarding this lawsuit or their chances of securing management’s agreement to a pay parity negotiation as clearly, management is only interested in a joint contract. We will continue to update pilots on this lawsuit to the extent possible without jeopardizing our legal position.
Joint MEC Meeting
To comply with a recent Executive Council resolution, ALPA President Captain John Prater has called for a joint MEC meeting of the East and West on July 17. ALPA National will pay for all expenses for MEC members to attend this meeting and our MEC has been very adamant that while we will support joint negotiations, we will not enter into any negotiations that amend the arbitrated seniority award. The Executive Council will also be present at the joint meeting.
Dues Check Off
Some pilots have recently indicated that they are canceling dues check off in order to send a message to ALPA about how frustrated they are with the Executive Council’s decision to further delay acceptance of the Nicolau award. While this might satisfy a pilot’s initial urge to “do something,†they should be aware of the consequences of going off of dues check off.
First of all, canceling dues check off makes the individual pilot responsible for remitting a monthly dues payment that is based on estimated, not actual, dues income. This inevitably leads to disputes which are the pilot's responsibility to resolve. Also, when ALPA conducts its year-end audit, any underpaid balance is charged to the pilot at the penalty rate of 2.15 percent instead of the 1.95 percent that everybody else is paying. Also, if the pilot falls behind for 60 days, he/she will go into bad standing and will no longer be able to attend meetings, vote or take advantage of other benefits afforded to active members in good standing.
Staffing Shortage
Management has informed us that they think the West is adequately staffed. They believe that no shortage exists unless flights are canceled due to crew shortages. There have been reports of creative scheduling regarding re-routes and a constant scramble to cover flights. We recommend that all pilots review the re-route provisions in our contract and report any irregularities to the Scheduling and/or Grievance Committees as soon as possible. It’s difficult to understand why the company would take measures to improve the operation including the hiring of consultants and adding spare aircraft, yet would wait to address crew staffing issues until they reach the point of causing operational degradation.
Jumpseat IVR System
Based upon pilots’ feedback, there seems to be some confusion at the gates with locating jumpseat reservation information in Shares. Management is working to provide the necessary information to all gate agents. In the meantime, if you reserved a jumpseat using the IVR System and the gate agent cannot locate the information, please ask him/her to look at the “Jumpseat List Display,†which if on Control F3, select option number five.
Calculating Training Pay
In April, the AWA MEC reached a Letter of Understanding (LOU) with management to address the change to our training program from a PT/PC system to AQP, which began this month. To recap:
- Pilots will receive three hours of pay and credit for each calendar day of ground school at their hourly pay rate.
- Pilots will be responsible for completing 12 hours per year of home study and will receive six hours of pay at their hourly pay rate.
- Home study in excess of the 12 hours will be paid at $40 per approved credit hour.
- Pilots will get paid for training in their first paycheck of the month following recurrent ground school.
Runway Name Change at ORD
Construction of the O’Hare Modernization Program is underway, and as such, runway name changes at ORD will be phased in as part of a re-designation program. Effective yesterday (July 5, 2007), ORD runway 9R-27L was renamed 10-28. Additional changes are scheduled to occur this year on August 30 and next year in November 2008. The MEC Central Air Safety Committee (CASC) distributed a flier yesterday with additional information on this project and a graphic of the airfield layout at ORD. This information is also posted on the AWA MEC website. Please contact the CASC with any questions or concerns.
Negotiations Update
The JNC will be back in negotiations next week on July 10 and 11. US Airways President Scott Kirby will be in attendance for part of the meeting, and the JNC plans to discuss philosophical issues relating to a variety of open items in several sections of the contract. Additionally, remaining open items in Section 7 (Vacations), 14 (Sick Leave) and 24 (Filling of Vacancies) are scheduled for discussions.
Captain Tania Bziukiewicz
Communications Committee Chairman
This is Arnie Gentile with a US Airways MEC update for Saturday, July 7th, with two new items.
Item 1. MEC Chairman Jack Stephan released a Chairman’s Letter to the pilots today that discusses the many important issues facing our pilot group and reviews the work that was accomplished at the recent Second Quarter MEC Meeting. The Chairman’s letter is posted in What’s New and will be emailed to all pilots.
Captain Stephan reviews the past meetings and the upcoming meetings concerning the Nicolau award, including the resolutions that were passed by ALPA’s Executive Council. He reminds our pilots that the Nicolau award has created serious problems for all four parties involved, and as a matter of fact, our problem may not be as grave as others, as we control much of our own destiny.
The letter also discusses “Equal Pay for Equal Work.†Although the Nicolau award is the primary focus of the MEC, it will be in litigation for a period of time. Captain Stephan states that the US Airways East pilots can no longer subsidize corporate profits, other employee group’s profit sharing checks and lucrative executive compensation packages. He points out that all groups on the property including managers, union and non-union employees have all seen parity or pay raises. How management, the AWA pilot leadership or any other party can single out our pilot group and endorse this injustice is inconceivable and it is going to be up to us, the US Airways East Pilots, to put an end to it.
To be successful in achieving “Equal Pay for Equal Work,†our pilots need to re-double their efforts when it comes to following our “Three Pronged Approach.†He asks the pilots to “do your own job,†read the W.A.R. Reports, and answer SPC’s call when we need your participation.
The Negotiating Committee has sent parity pay rates to management and we expect to hear from them shortly.
Item 2. As a reminder, a Special MEC Meeting has been called by MEC Chairman Jack Stephan that will commence at 9:00 a.m., on Thursday, July 12 and adjourn on Friday, July 13, at 5:00 p.m. or at the completion of business.
The agenda for the meeting is as follows:
1. Preparation for the July 17 Special Meeting of the US Airways MEC called by President John Prater.
2. Report from the Joint Negotiating Committee regarding the current JNC negotiations.
3. Report from the Negotiating Committee regarding the proposed Parity negotiations.
The meeting will be held in at the Park Hyatt Washington, 24th and M Street NW, Washington, DC. Phone: 202-789-1234. There is no airport shuttle service, however you can take the Blue Airport Metro Line to the Foggy Bottom Metro Stop. Please be advised that portions of the meeting may be in closed session.
W.A.R. Item 706
US Airways F.O.M.
USAIRWAYS OPERATIONAL PRIORITIES:
1. SAFETY
2. Passenger Comfort
3. Schedule
4. Efficiency
Please remember as of June 25th, we still have 1,404 pilots on furlough, 316 pilots have been recalled, and all pilots on furlough have been offered recall.
Follow the three prong approach, fly safe and thanks for listening.
US Airways MEC Chairman’s Letter - July 07, 2007
Dear Fellow Pilots,
Since the beginning of May, your MEC and MEC Officers have been focused on overturning the Nicolau Award and I would like to start this letter off with a review of the more important events concerning the award. Just days after the award was released, the MEC held a special MEC meeting in Herndon VA, and made it very clear to ALPA President John Prater that all four parties involved, AAA pilots, AWA pilots, ALPA International and the Company, all had a serious problem. We also tried to impress upon him that it was not simply that we were dissatisfied with the outcome. We told him that we knew what “disappointment†was from previous mergers. We expressed the gravity of the devastation that would result for all the parties involved if the goals of ALPA Merger Policy were ignored going forward, as they were in the Nicolau Award itself, and our resolve to prevent that from happening.
Our pilots support in Herndon on May 21st, during the Executive Council meeting, clearly sent that message. We made the impact that was necessary to demonstrate to the Executive Council that the US Airways pilots will not merely go away and that we hold ALPA leadership responsible for the interpretation and administration of their policies, ALPA Merger Policy included. The resolution that was passed May 24th from this Executive Council meeting called for the parties to meet together and explore consensual approaches that promote career protection and mutual success. That led to another meeting called on June 6th by ALPA President, John Prater in compliance with the resolution of the Executive Council that was attended by both AAA/AWA MEC Officers and other ALPA International Officers and of course, their legal staff. Although the purpose of the meeting was to lay the groundwork for compliance with the EC resolution, it didn’t take long for the AWA MEC to notify Captain Prater of their refusal to engage and participate in this process. I was a little surprised later when Captain Prater mentioned that progress was slow at no fault to either side. It was certainly not our fault as we remain prepared to engage in the process directed by the Executive Council. I reminded Captain Prater that it “took two to tango†and that we were not interested in engaging in a process with a recalcitrant partner.
At the second quarter meeting held in Charlotte during the second week in June, the MEC continued to work on vacating and overturning the Nicolau Award. During this meeting the MEC interviewed several law firms outside of ALPA for council to the MEC for legal actions concerning this award. The MEC hired the Washington D.C. labor law firm of Baptiste and Wilder to fill this role. Recall that this is the firm that represented the former Shuttle pilots during the Shuttle/AAA merger.
June 26th ended up being an important day in our quest to right the wrong created by the Nicolau award. The US Airways MEC, with me being a named plaintiff in my capacity as MEC Chairman, filed a law suit in Superior Court of the District of Columbia against the America West MEC, with AWA MEC Chairman John Mc Ilvenna named as defendant. The suit seeks to have the Nicolau award vacated. It is our judgment that this was a necessary course of action in order to protect our pilots. As we progress through this process, we have asked ALPA International to uphold ALPA Policy, which includes ALPA remaining neutral in this dispute.
Also on June 26th, the Executive Council passed two resolutions concerning the US Airways and America West seniority arbitration. The first resolution delayed further action on this issue until the next regular Executive Council meeting on July 17th. During the interim, the second resolution directs ALPA International to do what we would expect from the Association, and that is to try and promote joint talks with the MECs and the JNC in order to work together on consensual approaches. This is exactly what was called for in the first EC resolution back on May 24th to which the AWA MEC responded by refusing to comply with the requirements of the EC resolution. This latest resolution goes further by directing ALPA President John Prater to jointly meet with the two MECs to address issues called for by the Executive Council and to address the concerns of the Executive Council and the respective MECs. It also directs the forming of a committee chaired by ALPA’s First Vice President, Paul Rice, to assist the MECs and the JNC in achieving the stated goals.
In conforming with these resolutions, Captain Prater is calling for a special joint MEC meeting to convene in Washington, DC on Tuesday, July 17th. In preparation for this meeting, I have called our MEC into special session July 12th and 13th. We will update you on the progress and disposition of these meetings via the code a phone.
After viewing Captain Prater’s June 25th video, I have concerns regarding another portion of the Executive Council’s resolution which calls for establishing an ALPA International communications program to provide “accurate information†to the US Airways, America West and all ALPA pilots. For Captain Prater to say on his video that the Nicolau award was simply “not to our liking,†raises much concern as to what kind of communications program we can expect from ALPA International. We can only hope that the recent Captain Prater video is not a example of the upcoming communications we are to receive from ALPA National and that we instead receive true, unbiased and “accurate information.â€
Now that we are down the path of litigation, anything we say, can and will be used against us. Your leadership must be cautious concerning all communications that other parties can use to their benefit and our detriment. We are on a long path that will have many twists and turns along with opportunities. We have been assigned a Judge and on October 5, 2007 there will be an initial conference which most likely will produce a schedule. Our attorney has already briefed us that our case will not likely be decided in 2007. As events unfold we remain committed to providing you with the latest developments.
Where does all this bring us and what can we expect? As I mentioned earlier, the Nicolau award has created serious problems for all four parties involved, and as a matter of fact, our problem may not be as grave as others. We control much of our own destiny and it will be you, the pilots, through your reps, that will determine our fate. Your MEC will have many avenues to explore as we move forward. We as leaders will ask ourselves; what are our chances for success in litigation and what other options could potentially arise during the process that will lead us to our stated goal? If we are successful in vacating the award, what changes if any should we make in a subsequent arbitration? Maybe most importantly we ask ourselves what can we expect from a new arbitrator. Certainly we will expect him to follow ALPA Merger Policy.
Equal pay for equal work and the “Three Prong Approachâ€
We have been patient for far too long on the parity issue. And the Nicolau Award, while our singular focus, may very well be in litigation for some period of time. Management's first comprehensive economic counterproposal was an insult: less than industry-average pay scales and no movement on our retirement plan. They recently further insulted us by offering crumbs in return for us bailing them out of an understaffing crisis that we had pointed out months ago, and in which they publicly denied right up to the moment they asked for relief.
As JNC negotiations have dragged out, our management has taken advantage of our disparate pay structure. US Airways East pilots can no longer subsidize corporate profits, other employee group’s profit sharing checks and lucrative executive compensation packages with our bottom of the barrel, bankruptcy garnered wages. Furthermore, all groups on this property including managers, union and non-union employees have all seen parity or pay raises. How management, the AWA pilot leadership or any other party can single out our pilot group and endorse this injustice is inconceivable and it is going to be up to us to put an end to it. If equal pay for equal work is the mantra for our senior executives, I say let it be ours! The Negotiating Committee has sent parity pay rates to management and we expect to hear from them shortly.
To be successful in achieving “Equal Pay for Equal Work,†our pilots need to re-double their efforts when it comes to following our “Three Pronged Approach.†It is solely up to the US Airways East pilots, so now, more than ever, I ask you to do your own job. Follow The WAR Reports, and answer the call when we need your participation. Management needs to know that the first step in fixing our abysmal operation is to properly acknowledge the group of individuals that made all this possible. That acknowledgement needs to come on the 15th and 30th of each month.
Recent MEC meetings
During the week of June 11-15 in CLT, the MEC completed a special MEC meeting on June 11 and then proceeded with the second quarter meeting.
Special MEC meeting
The special MEC meeting on June 11th was called as a result of the MEC's decision to carry over an agenda from a June 5 special conference call meeting. The agenda included providing direction to the MEC Officers, Merger Committee and Counsel with regard on how to: A. proceed in meetings with ALPA International Officers, ALPA attorneys, and the AWA MEC Officers and B. proceed with future negotiations involving solutions to the seniority integration between AWA and AAA. This meeting, which took up much of the day on Monday, was held in closed session due to strategy and legal considerations.
Second quarter regular MEC meeting.
The second quarter meeting began immediately after the special meeting, and included officer and committee reports. The MEC also heard reports from ALPA Executive Air Safety Chairman Terry McVenes, and ALPA Vice President of Finance Chris Beebe. Captain Beebe is also the chairman of the ALPA Age 60 Blue Ribbon Panel, and he spoke about Age 60 legislative issues, as well as ALPA’s Age 60 stance. More information on this issue can be found under ALPA International’s website at crewroom.alpa.org. He also talked about “CrewPass,†which is a system that will deliver CASS-like information to the security screening checkpoints allowing crewmembers to bypass security screening.
The next day, June 12, began with pilots in good standing addressing the MEC on issues of their own choosing both in person, and, on a trial basis, on the phone. About 30 pilots called in to listen, and more than 10 of them addressed the MEC with their concerns, which is the highest pilot participation rate we'd had in a few years. The majority of these pilots' concerns focused on the Nicolau award, with some pilots offering suggestions for moving forward. Other important topics brought forward by pilots included MEC unity, ALPA’s viability, negotiating snapbacks and MEC closed sessions.
I know that closed sessions carry a stigma with them, but I want to reiterate what I told pilots during this phone call: when closed sessions are held it is to prevent MEC strategies from being made public—not to keep them from our pilots. In fact, often when pilots show up at meetings in person, they have been permitted to sit in on certain closed sessions after they acknowledge confidentiality requirements.
For the rest of the day, the MEC conducted interviews for outside legal consultants and processed items in subcommittee.
On Wednesday, June 13, the MEC started with a briefing from the Negotiating Committee that included the MOU with the Company regarding our line check airmen, recall schedule of furloughed pilots, and the Negotiating Committee budget. The MEC directed me to contact Senior VP of Flight Ops Ed Bular to address the issue of furloughed pilots being forced to make career decisions regarding returning to US Airways without pertinent information, such as but not limited to, longevity credit, pay, and seniority. I have spoken to Captain Bular on this issue and unfortunately, management will not entertain other alternatives to processing the furlough list. He also informed me that they will continue to honor existing employment contracts only and will not accept future ones.
The Merger Committee also gave a report to the MEC in closed session which included further discussions on the effects and inequities of the Nicolau award.
The MEC then worked through agenda items in subcommittee and plenary, and continued to do so on Thursday, June 14. Several notable items include:
The MEC is demanding immediate pay increases in order to obtain parity with the AWA pilots, and that the Strike Preparedness Committee is reactivated in support of our efforts seeking “Equal Pay for Equal Work†for the US Airways East pilots.
After debate, the resolution calling for the recall of Negotiating Committee member, Captain Donn Butkovic, failed.
The MEC reconfirmed the corporation owing the original US Airways pilots $70 million dollars (two $35 million payments) as a contractual stipulation of LOA 93 and also called for an accelerated time frame for the distribution of those funds.
The MEC also took action on these following items:
· Directed the Negotiating Committee to continue Flow Through discussions among the US Airways MEC, US Airways wholly owned MECs, and US Airways.
· After finding management’s settlement offers acceptable for two Transition Agreement disputes, involving cross-flying and pilot training, the MEC authorizes all appropriate resources be utilized to process the remaining disputes under Section X. of the Transition Agreement.
· Adopted a change to the AAA MEC Policy Manual on Flight Pay Loss that puts the MEC's policy in compliance with the ALPA Constitution and By Laws.
· The Company’s latest change to the booking procedures and the addition of over 1800 pilots to the Jumpseat IVR system has the potential to seriously impact the ability of the US Airways pilots to book jumpseats. The MEC believes that these changes are a violation of the US Airways Pilots Working Agreement and LOA 96, and I am going to immediately inform the Company of this violation. If management fails to return to the procedures in effect prior to the June 1, 2007 changeover, then the MEC directs the MEC Grievance Chairman to immediately file a grievance concerning this issue. As always, subject to Captain's authority, all authorized pilots are welcome on US Airways jumpseats.
· The Company’s proposed Alcohol Misuse Prevention Policy (AMPP) and Substance Abuse Policy appears to be more concerned with harassing pilots and subjecting them to discipline than helping pilots who may have alcohol/substance abuse problems. The proposed policy contains numerous errors and has many provisions that could negatively impact our pilot group, and it appears to greatly diminish the role of ALPA and other Unions in assisting employees who may have alcohol/substance abuse problems. I have communicated to the Company our formal objection to the proposed Alcohol Misuse Prevention Policy (AMPP) and Substance Abuse Policy as currently written, and have instructed the AAA members of the Joint Negotiating committee to not finalize a tentative agreement on Section 15, “Physical Examinations and Standards,†until such time as the Company proffers an AMPP and Substance Abuse Policy that is recommended by the MEC’s Aeromedical Coordinating Committee and is approved by the MEC. Once again management’s treatment of themselves greatly differs from the treatment that the US Airways pilots receive. There should be no double standards.
· The MEC has tasked the Legislative Affairs Committee to send a delegation to the presidential candidates of both parties to lobby for Pension Restoration and reform.
· Dennis Brennan was approved to serve on the System Board of Adjustment Pilot Panel.
· Wayne Mann was approved as a member of the Training Committee.
On the final day of the meeting, Friday, June 15, the MEC spent a whole day in a strategy session and made the decision to retain the services of the Washington, DC law firm of Baptiste and Wilder to protect our interests during future seniority list proceedings and strategy.
Furlough update
The Furlough Administrator has posted an important update that reviews the recall process now that the Company has reached the bottom of the furlough list. It's been posted on both the pilots only website and on the public website, as well as being emailed to furloughed pilots.
Airbus Order
Last week, US Airways announced an aircraft order from Airbus for 92 total aircraft. The order included 60 narrowbody Airbus aircraft due to start arriving in 2010, and 10 widebody A-330-200 aircraft (convertible to -300 or A-340s) due to start arriving in 2009, and 22 A-350XWB, powered by Rolls Royce Engines, due to start arriving in 2014.
US Airways currently has 37 narrowbody Airbus aircraft already on firm order due to start arriving in 2009. With today’s order, the Company is committed to 97 narrowbody Airbus aircraft. As these aircraft are delivered, Boeing 737 aircraft will be eliminated.
In Closing
I’m asking our pilots to stick together and to continue to look out for each other. We remain in the fight for our lives and can ill afford distractions and detours that do not help us in our quest. Resist the red herring and any snake oil elixirs. For in the end, it will be our solidarity of purpose and the strength of our resolve that will define this moment in our storied careers.
I continue to need a solid MEC at my side and we cannot deliver what you so rightly deserve without your continued support. With all of us in the same boat, rowing in the same direction, we can accomplish much. That’s why I signed on to this job in the first place. And while I personally wouldn’t mind a lighter load, I am prouder than ever of all of you and the determination I see in your faces. Thank you for that. And while we ask that you keep your families first, your MEC and I will continue to keep you first; first in all the decisions we make and first in all the action we take.
Fraternally,
Captain Jack Stephan
US Airways MEC Chairman
AWA ALPA MEC Hotline - July 6, 2007
• Seniority Award
• Joint MEC Meeting
• Dues Check Off
• Staffing Shortage
• Jumpseat IVR System
• Calculating Training Pay
• Runway Name Change at ORD
• Negotiations Update
Seniority Award
On June 26, the AAA MEC filed a complaint against the AWA MEC in an attempt to overturn the arbitrated seniority award. While our merger attorney, Jeff Freund, is confident that the lawsuit has no merit and that ALPA will step in and defend us if it gets that far, we are, nonetheless, saddened that the AAA MEC felt that this ill-conceived notion was necessary in order to prove to their members that they are doing something about the seniority award. It is time for the AAA MEC to level with their pilots about the realities of the seniority list and focus their attention back on the only thing that will improve all of our well being—joint negotiations. We hope that the AAA MEC is not creating false expectations regarding this lawsuit or their chances of securing management’s agreement to a pay parity negotiation as clearly, management is only interested in a joint contract. We will continue to update pilots on this lawsuit to the extent possible without jeopardizing our legal position.
Joint MEC Meeting
To comply with a recent Executive Council resolution, ALPA President Captain John Prater has called for a joint MEC meeting of the East and West on July 17. ALPA National will pay for all expenses for MEC members to attend this meeting and our MEC has been very adamant that while we will support joint negotiations, we will not enter into any negotiations that amend the arbitrated seniority award. The Executive Council will also be present at the joint meeting.
Dues Check Off
Some pilots have recently indicated that they are canceling dues check off in order to send a message to ALPA about how frustrated they are with the Executive Council’s decision to further delay acceptance of the Nicolau award. While this might satisfy a pilot’s initial urge to “do something,†they should be aware of the consequences of going off of dues check off.
First of all, canceling dues check off makes the individual pilot responsible for remitting a monthly dues payment that is based on estimated, not actual, dues income. This inevitably leads to disputes which are the pilot's responsibility to resolve. Also, when ALPA conducts its year-end audit, any underpaid balance is charged to the pilot at the penalty rate of 2.15 percent instead of the 1.95 percent that everybody else is paying. Also, if the pilot falls behind for 60 days, he/she will go into bad standing and will no longer be able to attend meetings, vote or take advantage of other benefits afforded to active members in good standing.
Staffing Shortage
Management has informed us that they think the West is adequately staffed. They believe that no shortage exists unless flights are canceled due to crew shortages. There have been reports of creative scheduling regarding re-routes and a constant scramble to cover flights. We recommend that all pilots review the re-route provisions in our contract and report any irregularities to the Scheduling and/or Grievance Committees as soon as possible. It’s difficult to understand why the company would take measures to improve the operation including the hiring of consultants and adding spare aircraft, yet would wait to address crew staffing issues until they reach the point of causing operational degradation.
Jumpseat IVR System
Based upon pilots’ feedback, there seems to be some confusion at the gates with locating jumpseat reservation information in Shares. Management is working to provide the necessary information to all gate agents. In the meantime, if you reserved a jumpseat using the IVR System and the gate agent cannot locate the information, please ask him/her to look at the “Jumpseat List Display,†which if on Control F3, select option number five.
Calculating Training Pay
In April, the AWA MEC reached a Letter of Understanding (LOU) with management to address the change to our training program from a PT/PC system to AQP, which began this month. To recap:
- Pilots will receive three hours of pay and credit for each calendar day of ground school at their hourly pay rate.
- Pilots will be responsible for completing 12 hours per year of home study and will receive six hours of pay at their hourly pay rate.
- Home study in excess of the 12 hours will be paid at $40 per approved credit hour.
- Pilots will get paid for training in their first paycheck of the month following recurrent ground school.
Runway Name Change at ORD
Construction of the O’Hare Modernization Program is underway, and as such, runway name changes at ORD will be phased in as part of a re-designation program. Effective yesterday (July 5, 2007), ORD runway 9R-27L was renamed 10-28. Additional changes are scheduled to occur this year on August 30 and next year in November 2008. The MEC Central Air Safety Committee (CASC) distributed a flier yesterday with additional information on this project and a graphic of the airfield layout at ORD. This information is also posted on the AWA MEC website. Please contact the CASC with any questions or concerns.
Negotiations Update
The JNC will be back in negotiations next week on July 10 and 11. US Airways President Scott Kirby will be in attendance for part of the meeting, and the JNC plans to discuss philosophical issues relating to a variety of open items in several sections of the contract. Additionally, remaining open items in Section 7 (Vacations), 14 (Sick Leave) and 24 (Filling of Vacancies) are scheduled for discussions.
Captain Tania Bziukiewicz
Communications Committee Chairman