US Pilots Labor Discussion

[luvn737s]

That is why the date Dec 31, 2009 was put in. To keep the criminals that run this company from keeping their thieving hands in one more day.

But St. Donn wrote:

Management wrote the pay rate clause, not Doug Mowery. They did it with a specific ending date and time.

He must have been one of those un-trustworthy ALPA types! Don't listen to him. Unless it's time to worship him.

 

[aquagreen73s]

Poor BS - destined to be spanked again, this time by another arbitrator.

Speaking of dashed hopes, who's got the suicide watch for Hate and BS? I'm worried those guys are going to totally lose it when the decision is (formally) released.

 

[luvn737s]

"Thus, even under the district court’s injunc-
tion mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilots’ preferred seniority system ever
would be effectuated." 9th Court of Appeals, San Francisco.

Made only certain through the vote USAPA is obliged to pursue and provide.

Pick up the shreds of your self-esteem and quick backing a loser like USAPA.

 

[jimntx]

You are an f/a for American, your company is going bankrupt. US Airways will save you. New hire US Airways f/a's that went through ground school last year are ecstatic they will go above you in seniority.

No, they won't. Thanks to what my union did to the TWA f/as, the McCaskill-Bond Act prevents that ever happening again. Have a nice day. Oh, and since AMR is sitting on something like $4 billion in cash, bankruptcy any time soon to save US Airways is highly unlikely.

 

[USA320Pilot]

I believe the single biggest issue facing the East pilot group, which does not exist at any other legacy airline, is that all of our problems have been "escalated" due to individuals who make "inaccurate blanket statements" out of emotion, rather than taking the time to educate themselves. Now this attitude is effecting our PHX-based colleagues.

Whether it was not informing the pilots of Seth Schofield's offer to freeze our DB Plan, LOA 93 discussions giving management a concession greater than the "ask", the Nicolau Award(s), no joint contract, and now the Preliminary Injunction; each of these major issues was compounded by the uninformed emotional pilots who wants to lash out. Instead of seeking solutions this group just wants to say "no", point the finger at management, or now sue at the blink of the eye, even if it means bankrupting the union.

I believe it is fair to say any pilot hired by US Airways before 1990 has lost over $1 million due to not freezing the DB Plan, not accepting the company's LOA 93 contract offer, not agreeing to or mitigating the Nicolau Award, and not closing a joint contract.

And, we now have the prospect of dozens and dozens of pilots being terminated as a result of USAPA’s illegal job action with no where to go because of the FAA's Pilot Records Improvement Act (PRIA) and Privacy Act Verification Letters (PA), where pilot employment records are required by law to be sent to a future employer as part of a background check.

Click here to read about the PRIA and PA.

For all of those heroes the CLT Reps identified I wonder how these pilots will fair in the job market if they get terminated for one additional misstep?

 

[Move2CLT]

Poor BS - destined to be spanked again, this time by another arbitrator. Yes, "freeze" and 12/31/2010 are in there for a reason - a reason I've explained before and it has nothing to do with any snap-back or whatever synonym for snap-back you want to use.

BTW, is your backside still tender from that last spanking?

Jim

BS = owned

 

[USA320Pilot]

BPR Meeting Recap - Day 1

Yesterday, October 4, the Board of Pilot Representatives convened the first day of the scheduled fall regular meeting. President Mike Cleary called the meeting to order at approximately 1035.

After voting to approve an amended agenda, the meeting began with Officer reports.

President's Report - Captain Mike Cleary

President Cleary informed the Board of the recent deaths of Captains Jim and Stephanie Hamilton. Jim was hired by Piedmont Airlines in 1969, and retired from US Airways in 1994. Stephanie was a current US Airways Captain, and began her flying career with Piedmont in 1982. The funeral services are scheduled for Thursday at 1500 ET. After a moment of silence President Cleary proposed, and the Board agreed, that the Board and Officers attend the funeral service as a whole. (Click here to view the bereavement notice.) The meeting will recess early Thursday as a result.

The meeting briefly entered Executive Session to discuss the two pilot terminations over Distance Learning.

Returning to Open Session, President Cleary addressed his attendance at the most recent CAPA meeting; his schedule over last month; and the Preliminary Injunction issued against USAPA by the US District Court for the Western District of North Carolina.

President Cleary read the complete Order to the Board, explained the seriousness of the Order, and emphasized that USAPA is squarely focused on, and committed to, strict compliance with the Court's Order. Attorneys Brian O'Dwyer and Pat Szymanski also briefed the Board, explaining the necessity of strict compliance and with the steps USAPA has taken to comply with the Order. They then fielded questions from the Board, and sought its input.

USAPA has complied with the October 4th deadline to file, by sworn affidavit, the actions taken to comply with the Court's Order. This affidavit is available on the USAPA website in the Legal Library.

Prior to the lunch break, members in attendance addressed the Board.

Following a break for lunch, President Cleary addressed a contract for Attorney Sue Edwards' continued work on grievance cases, reflecting a significant cost savings for USAPA versus continued billing through a law office. The Board then approved a contract offer for grievance work; the term of the agreement is for a three-year contract with the ability of either side to cancel or terminate with proper notification.

President Cleary then asked to suspend his President's report to accommodate guest speakers and Committee members who had travelled to CLT for the meeting.

Guest Speaker - Captain Rick Brown

Special Guest Captain Rick Brown addressed the Board on Larnaca, Cyrus ETOPS violations by the Company, and the status as far as the FAA and PHL Chief Pilot's office is concerned. Captain Brown gave a detailed briefing of all conversations with PHL Chief Pilot Stawnychy and his dealings with the FAA and Senator Toomey's office.

Following Captain Brown's briefing, agenda items were addressed, beginning with Committee reports:

ACARS Ad Hoc Committee Report

ACARS Ad Hoc Committee Chair Captain Steve Kline addressed the BPR on issues dealing with the ACARS times, both early and late departures, as well as changed times.

ACARS issues were discussed with concerns that could affect Flight Time/Duty Time (FTDT) limits. Capt. Kline also addressed issues with false IN times as a result of setting the parking brake when stopped during taxi-in to the gate. He then discussed many of the options and inconsistencies between aircraft and how each fleet has differences along with each plane in each type.

Retirement & Insurance (R&I) Committee - Bud Nevers

Captain Bud Nevers addressed the BPR as Chairman of the R&I Committee. He stressed his Committee's commitment to customer service, and the excellent work of Benefits/LTD Advisor Sherry Taylor in helping our pilots.

Captain Nevers reminded the Board that 2012 Open Enrollment will take place October 13 through October 31, 2011, with enrollment closing at 11:59 pm ET (8:59 pm PT) Monday, October 31, 2011. As in prior years, you can participate by logging on to www.ebenefitsus.com.

Safety Committee - Tom Kubik

Safety Committee Chairman Captain Tom Kubik then addressed the BPR on the installation of the Self Assessment Flight Review (SAFR) system. SAFR will use FOQA data to send a message to the ACARS printer notifying the pilots of an unstable approach. SAFR is currently installed on four A320 aircraft -3 East and 1 West.

USAPA currently has three pilots serving as FOQA gatekeepers in PHX (2 East and 1 West).

The meeting recessed at approximately 1715, and reconvened this morning. The agenda for day 2 is:

Auditors Report
Retirement and Insurance Committee Report
Agenda item work
Union Operating Manual Committee Report
Today's meeting recessed at about 1708 ET. An update on today's meeting will be posted as soon as possible. Day 3 of the meeting will reconvene tomorrow at the USAPA office at 0900 ET. All members in good standing are encouraged to attend.

USAPA Communications

BPR Meeting Recap - Day 2

The Board of Pilot Representatives resumed the Regular Scheduled BPR meeting yesterday, October 5, in CLT. The meeting was called to order at approximately 0843 ET, and began with resumption of the Officer reports.

Secretary-Treasurer (S-T) - Rob Streble

Association Financial Audit Report - Captain Streble introduced Keith Hendrix, CPA with Elliot Davis. Mr. Hendrix reviewed the Association's report on financial statements for the years ending March 31, 2011 and 2010. Mr. Davis then answered questions from the Board. This was not the Secretary-Treasurer report as that will be completed later in the meeting.

Vice President (VP) - Randy Mowrey

WEST LOA 12, Efficiency Recovery Program (ERP) - A preliminary analysis of Block/Pay Hour data received from the Company indicates that there is money due to West pilots. Captain Mowrey requested that the PHX Reps recommend a pilot familiar with issue to help review the Company's data. The PHX Reps pledged to provide a name as soon as possible.

Executive Vice President (EVP) - Gary Hummel

Captain Hummel reviewed, and the Board approved, consulting agreements for work performed/to be performed for various Committee work such as Grievance, Scheduling, Aeromedical and Contract Administration. Captain Hummel then reviewed the status of existing contracts on file with vendors. Upon completion of this review, the Board voted to switch mobile phone/data providers from AT&T to VERIZON. The change estimated to result in annual cost savings for the Association.

Pension Investigation Committee (PIC) - Dave Westberg and Dave Koseruba

PIC Co-Chairs First Officer Dave Westberg and Captain Dave Koseruba briefed the Board on the status of the PIC's investigation and expenses. Reviewing the litigation process in the case of USAPA v PBGC, the discovery phase was completed in June with Summary Judgments filed in July. The Committee reviewed a series of cross filings that spanned through August. The case is now in the Court's hands, which could rule for either side; or rule for neither side, in which the case would proceed to trial.

Regarding expenses, the PIC provided the Board with a complete financial update and accounting of where funds have been spent and what the income will be looking forward, and reported that their income is on track to cover their expenses.

The PIC will visit the relevant bases to provide the same presentation made to the BPR today. The first stop will be at the upcoming PHL meeting on October 11, 2011 at the PHL Airport Ramada from 1000-1400 ET.

At the conclusion of the PIC presentation, the Board voted to unanimously approve a consulting contract with Maryanne DeMarco to assist the PIC's investigation.

Grievance - Tracy Parrella

Grievance Chair Tracy Parrella briefed the Board on the status of various grievances:

Base Closures - Captain Parrella reported that there is an executed agreement regarding the Base Closures. Unfortunately, the Arbitrator did not support the Union's positions in TA 11, 12 or 13. Once the document is fully executed, it will be placed on the USAPA website.

Displacement Rights per LOA 5 – PHX Vice Chairman, Eric Ferguson asked a question about LOA 5 and the status of this grievance now that a final determination has been made regarding the LAS base closing. Captain Parrella stated she would research the current disposition and report back.

TA #10 - USAPA and US Airways meet with Arbitrator Bloch in Washington, D.C., for the continuation of remedy hearings for TA #10, the Company's failure to fly the minimum agreed to block hours per day. Nearly two years ago, Arbitrator Bloch ruled that the Company had violated the terms of the Transition Agreement when they failed to fly a minimum of 9.87 hours per day for each aircraft operating in the West System and 8.79 hours per day for each aircraft operating in the East System.

The Arbitrator remanded the determination for the calculation of a remedy to the parties. After several meetings between the Union and the Company, the parties were approximately three-quarters of a million dollars apart. Therefore, USAPA requested additional hearing days from Arbitrator Bloch so that the System Board could resolve the differences in not only the amount of monies owed to individual pilots as well as the distribution of block hours.

Dr. Darin Lee testified for the Company in May that the Company's position on remedy was "nearly perfect." However, after hearing USAPA's rebuttal to the Company's arguments, Mr. Lee increased the "perfect" remedy by approximately $250,000. The Company's increases in remedy now leave our difference at approximately $500,000.

The System Board will meet in Washington, D.C., with Arbitrator Bloch on November 16, in order to develop a final remedy. It is USAPA's intention to complete the remedy phase of this grievance by the end of the year.

The issues that are in dispute, and will be resolved by the System Board, concern the distribution of the flying for the affected reserve pilots, as well as the certain methodologies used by the company. By way of example, the Company admits that they would have flown the AB 330 and attributed a portion of the remedy to that equipment, but remarkably they emphatically proclaimed that they would only have flown trips that did not require an IRO. When it was pointed out to them that there were no trips on the 330 that didn't require an IRO, they then replied that they would have redeployed the 330 to fly to Miami.

LOA 93 - There is no new news at this time to report as far as a schedule or timeline for the completion of LOA 93. Pilots should ignore any "rumors" they hear regarding this grievance. The only source of reliable information is official communication from USAPA. The Grievance Committee will immediately notify all pilots when they receive a final award.

UOM Committee - Rich Peters

UOM Committee Chair Rich Peters gave a briefing, and changes were approved. Most changes were per BPR Resolution or the suggestion of USAPA counsel, and the updated UOM has been emailed to all members.

Discussion then on took place on changing the current process of who has access to the pilot group through Allied Campaign material.

UOM Amendment Notification

In accordance with UOM requirements, the UOM Committee would like to notify you of the following amendments to the UOM:

Added language defining when committee reports are due
Added language requiring Board Members to submit an Agenda Item or Resolution form when adding an Agenda Item to Regular and Special meetings
Added language allowing text messaging in lieu of phone calls for notification to BPR of Special Meeting
Struck language prohibiting USAPA Officers, Representatives, Committee Members and/or staff persons from using their USAPA titles in campaign material during elections
Added the requirement for the following language to be included in standard USAPA contracts: "Service(s) covered by this consulting agreement is (are) authorized by the Board of Pilot Representatives and performed under the direction and control of the President and (insert appropriate Committee Chairman or responsible individual)".
Merged the Furlough Committee and the Membership Services Committee
Raised the maximum number of members on the Negotiating Advisory Committee from 3 to 5 members
Established the RSP Investment Committee and a summary of duties
Added a summary of Bereavement Committee duties

The Board then passed the changes to the UOM suggested by the Committee.

IBT Relationship

The Board then began discussion on a resolution to consider inviting the IBT to make an informational presentation to the pilots of USAPA.

Orders of the day were called at approximately 1705 ET. Business, including the IBT resolution, resumed this morning at 0900 ET.

The remaining agenda items will be dealt with to the extent allowed possible, however please note that the BPR will recess to the call of the Chair at approximately 1230 today to attend the funeral of Captains Jim and Stephanie Hamilton.

 

[Black Swan]

BS = owned

BS knows the Nic is DOA. As much as you say it, all one has to do is access the 9ths discussion, and it is right there for anyone who can read, to read. As much as you say the Nic has to be it, everyone obviously knows, it does not have to be. It can be, but only if the pilots vote for it, and they will not, obviously. So every time you want to bring it, I will rebut it. And easily so.
By the way, I am hearing the LOA 93 victory party has wrapped up on the 20th floor. Seems the music stopped abruptly. Anybody out there on the mean streets of PHX know what is going on? If the company knows they won, you might think someone like Parker would like to add a little NAV to the company, and spill the goods. Wonder why not?
Speaking of the 9th and the Nic, here is some more reading, just to keep the home fires burning......



"[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implement-
ing the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots fur-
loughs, Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA’s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.3 "


So much for the binding arbitration...........

 

[Move2CLT]

BS knows the Nic is DOA. As much as you say it, all one has to do is access the 9ths discussion, and it is right there for anyone who can read, to read. As much as you say the Nic has to be it, everyone obviously knows, it does not have to be. It can be, but only if the pilots vote for it, and they will not, obviously. So every time you want to bring it, I will rebut it. And easily so.
By the way, I am hearing the LOA 93 victory party has wrapped up on the 20th floor. Seems the music stopped abruptly. Anybody out there on the mean streets of PHX know what is going on? If the company knows they won, you might think someone like Parker would like to add a little NAV to the company, and spill the goods. Wonder why not?
Speaking of the 9th and the Nic, here is some more reading, just to keep the home fires burning......



"[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implement-
ing the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots fur-
loughs, Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA’s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.3 "


So much for the binding arbitration...........

20th floor?

You are now pwned.

 

[luvn737s]

"[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implement-
ing the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots fur-
loughs, Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA’s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear,

Or may not. USAPA's delay of a vote in order to provide what the arbitrator deemed unfair, will be the crux of the next DFR.

If you think that Nic will "obviously" not pass, then there will be no need for the east pilots to bother participating. Like everything else, they'll find someone else to do the work for them.

So much for the binding arbitration...........

I think the courts will differ with you there, sparky.

 

[Phoenix]

BS knows the Nic is DOA. As much as you say it, all one has to do is access the 9ths discussion, and it is right there for anyone who can read, to read. As much as you say the Nic has to be it, everyone obviously knows, it does not have to be. It can be, but only if the pilots vote for it, and they will not, obviously. So every time you want to bring it, I will rebut it. And easily so.
By the way, I am hearing the LOA 93 victory party has wrapped up on the 20th floor. Seems the music stopped abruptly. Anybody out there on the mean streets of PHX know what is going on? If the company knows they won, you might think someone like Parker would like to add a little NAV to the company, and spill the goods. Wonder why not?
Speaking of the 9th and the Nic, here is some more reading, just to keep the home fires burning......



"[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implement-
ing the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots fur-
loughs, Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA’s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.3 "


So much for the binding arbitration...........

Its obvious that "Nic is final and binding." Thats why Leospanker keeps begging us to agree.

 

[john john]

America West had 144 planes before the merger and was hiring. In a showing of good will, we agreed to suspend hiring so that East furloughees could return and then we drew the minimum fleet line on the West at 122 - that's a 15% reduction.

HP pilot contract was change to allow this
Who agree to this was it voted on

 

[BoeingBoy]

BS knows the Nic is DOA.

Technically you're right BS. USAPA could take the Nic, change every occurance of "ALPA" to "USAPA", change the arbitration panel names to "Mike Cleary" and the merger committee members, and call it "Mikey's Award" instead of the Nic award. Put it in section 22, get the contract ratified and voila - no Nic and no DFR (from the westies at least). So "the Nic" absolutely doesn't have to be in a ratified contract for USAPA to escape an "unquestionably ripe" DFR suit from the westies.

Less than that and USAPA risks doing the harm the west fears (you never emphasize that part - wonder why?) and will face an "unquestionably ripe" DFR suit.

Remember the warning from the 9th - represent both sides equally. Pick one side to win and the other to lose and USAPA's toast.

Jim

 

[nevergiveup]

Technically you're right BS. USAPA could take the Nic, change every occurance of "ALPA" to "USAPA", change the arbitration panel names to "Mike Cleary" and the merger committee members, and call it "Mikey's Award" instead of the Nic award. Put it in section 22, get the contract ratified and voila - no Nic and no DFR (from the westies at least). So "the Nic" absolutely doesn't have to be in a ratified contract for USAPA to escape an "unquestionably ripe" DFR suit from the westies.

Less than that and USAPA risks doing the harm the west fears (you never emphasize that part - wonder why?) and will face an "unquestionably ripe" DFR suit.

Remember the warning from the 9th - represent both sides equally. Pick one side to win and the other to lose and USAPA's toast.

Jim

Nic does not represent both sides equally, nor does DOH. Sounds like separate ops for many years unless DP needs it for his big picture. Clemson could be it!

 

[Black Swan]

I believe the single biggest issue facing the East pilot group, which does not exist at any other legacy airline, is that all of our problems have been "escalated" due to individuals who make "inaccurate blanket statements" out of emotion, rather than taking the time to educate themselves. Now this attitude is effecting our PHX-based colleagues.

Whether it was not informing the pilots of Seth Schofield's offer to freeze our DB Plan, LOA 93 discussions giving management a concession greater than the "ask", the Nicolau Award(s), no joint contract, and now the Preliminary Injunction; each of these major issues was compounded by the uninformed emotional pilots who wants to lash out. Instead of seeking solutions this group just wants to say "no", point the finger at management, or now sue at the blink of the eye, even if it means bankrupting the union.

I believe it is fair to say any pilot hired by US Airways before 1990 has lost over $1 million due to not freezing the DB Plan, not accepting the company's LOA 93 contract offer, not agreeing to or mitigating the Nicolau Award, and not closing a joint contract.

And, we now have the prospect of dozens and dozens of pilots being terminated as a result of USAPA’s illegal job action with no where to go because of the FAA's Pilot Records Improvement Act (PRIA) and Privacy Act Verification Letters (PA), where pilot employment records are required by law to be sent to a future employer as part of a background check.

Click here to read about the PRIA and PA.

For all of those heroes the CLT Reps identified I wonder how these pilots will fair in the job market if they get terminated for one additional misstep?

Let's see. You get your job back with help from USAPA after openly advocating a job action, they lose theirs for merely forgetting to do distance learning.....What are the historical statistics for pilots who forget each cycle? I am sure they are not the first, and the others were never fired. They will be back for disparate treatment, with full pay. Amazing isn't it, your CEO can spend a day in jail with no repercussions, and two guys who don't complete a computer based training are fired. What a place. Going to make it even better when Kasher spanks them.