5 of 6 Joint CLT/PHL Reps Update - Transparency: January 7, 2012
Beyond representing you in meetings with supervisors and helping to enforce your contractual rights, voting on various issues is perhaps the most important action taken by your Board of Pilot Representatives. Most of your Reps. entered into the political arena intent on representing the will of their constituency, but many pilots have inquired as to whether or not this is actually occurring. Monitoring the voting record is perhaps the best way to see if your Reps. have steered off track. To that end, this is the second of what we expect to make a continuing series of updates bringing you news from the BPR, particularly a review of actions taken by the BPR and a disclosure of how your Representatives voted on issues of interest to you.
Although the breakdown of every vote is eventually posted on the USAPA website, this does not occur until the minutes of each meeting are approved by the BPR - sometimes months later - making them stale by the time the membership gets to review them. Along with reporting how BPR members voted, we will include some other items of interest that are not necessarily tied to a vote by the BPR. We hope this format is welcomed as a timelier way to disseminate this information.
October 4 - 6 BPR meeting
(Recessed on October 6th and Continued on October 25th)
We will begin with a look at actions taken at the above meeting including the vote counts. In some cases we have included a portion of the resolutions, but for brevity's sake, it is generally only the "be it resolved" portion of the resolution, which should be of the most interest to our pilots because it is the meat of each resolution. As a reminder to you, the BPR cannot take any action nor make any policy outside of a meeting - either face to face or conference call - and any decision/policy the Board makes comes in the way of a motion, normally to "move" a resolution. Most motions/resolutions require a simple majority - at least 6 of 11 BPR members voting in the affirmative - to pass, but there are a few exceptions such as motions to amend the Union Operating Manual; they require a 2/3rds vote of the Board to pass.
Motion to Approve Agenda
Vote: Passes unanimously.
Comment: This is a requirement of the Union Operating Manual and allows BPR members a chance to add or remove Agenda Items prior to the Agenda being approved by the BPR. Items can still be added during the meeting after Agenda approval, but to do so requires a 2/3rds vote of the BPR.
Motion to Adjourn meeting at 12:30 Thursday in Order to attend Jim and Stephanie Hamilton's Funeral
Vote: Passes unanimously.
Approval of third party contracts by the BPR
This portion of the meeting is generally routine in nature, and is normally accomplished during the EVP's report; as was the case for all the agreements below with the exception of attorney Sue Edward's contract, which was voted on during the President's report. The BPR is required to approve or reject these contracts as part of the Constitutional "checks and balances" within the union.
BE IT RESOLVED THAT the attached retainer agreement for attorney Susan Edwards is approved.
Vote: Yes: CLT, PHL, Dugstad (DCA), Braid, Ferguson (PHX).
No: Stein (DCA), Velez (PHX).
Motion passes 9-2
Comment: According to those who work with Sue Edwards, she has done excellent work for USAPA for several years as an employee of Lee Seham's firm. She no longer works for Seham and will be much more accessible to USAPA under this new agreement as an independent contractor. This resolution was not actually voted on until after lunchtime due to concerns by a couple of BPR members about how the expense portion of the contract was written. An amendment to the expense language was offered and passed prior to voting on the final contract language.
Resolution to Switch USAPA's Mobile Phone Service
WHEREAS,
Significant cost savings and upgrades to service and technology can be realized with switching our cell phone service from AT&T to Verizon including international capability,
THEREFORE BE IT RESOLVED,
That the Board of Pilot Representatives direct the Executive Vice President to effect the change as soon as logistically possible to realize these savings.
Vote: Yes, all except Crimi (CLT) abstained
Motion to Close Meeting to Discuss Pilots Terminated for Distance Learning
Vote: Passes unanimously
Comment: This closed session lasted only 5 minutes
Motion to Approve Consulting Agreement of Therapist Used to Defend Terminated Pilots
Vote: Passes unanimously.
Motion to Approve HIMS consultant Steve Javaras's contract
Vote: Yes: 10
Abstain: 1, Braid (PHX).
Motion passes.
Motion to Approve Attorney Laura Backus's contract
Vote: Passes unanimously.
Comment: Laura Backus is an attorney who works out of Atlanta, and primarily works with the Grievance Committee. Her contract has a provision for either party to sever the relationship with 6 months written notice. This provision was important to several BPR members in light of our continued discussion about possibly hiring an in-house attorney.
Motion to approve the contract with Maryanne Demarco's work for the Pension Investigation Committee
Vote: Passes unanimously.
Motion to Approve Amendments to the Union Operating Manual (UOM)
Vote: Passes unanimously.
Comment: At each Regular Meeting, the UOM Committee is required to bring recommended amendments to the UOM for BPR review and approval. Amending the UOM requires a 2/3 vote of the BPR. Some amendments are a result of Committee, Officer, BPR, or member suggestions, and some are recommendations from the UOM Committee itself when it becomes aware of an issue that needs addressing. During debate over UOM amendments, the BPR reviews each amendment individually and then a vote to approve the entire document is taken after striking any recommended amendments that do not have 2/3 BPR support. All changes to the UOM are communicated to the membership within 24 hours as required by the UOM.
Vote to Establish an AdHoc Committee to Formalize Written Questions for the IBT
THEREFORE BE IT RESOLVED THAT the BPR begins the education process for the benefit of the US Airways pilots by directing the President to appoint an ADHOC Committee. Any expenses, if needed, for this ADHOC committee will be paid for by each domicile's budget allocation for their representative on the committee, but the spirit of volunteerism is strongly encouraged to minimize expenditures. This committee is tasked to formulate a list of direct written questions that will be formally sent to the IBT requesting written answers that will be disseminated to all pilots and BPR for preparation of an open presentation to the USAPA membership at a formal BPR meeting, and
BE IT FURTHER RESOLVED THAT the IBT Education ADHOC Committee be immediately staffed and begin their work by no later than October 15, 2011. This committee is to report back to the BPR with a progress report upon the continuation of Scheduled Fall Meeting with the goal of completing their tasks by the re-convening of the BPR meeting or, no later November 15, 2011, and
BE IT FINALLY RESOLVED THAT within 30 days of the return of the questionnaire the President will call for a face to face meeting to be held in the CLT Airport Terminal Conference Room inviting the IBT Airline Division President to make a formal presentation to the BPR and attending pilots. This presentation is to be followed by a full question and answer session providing the BPR and the membership an opportunity to explore all the benefits and consequences of closer ties and possible merger with the Teamsters.
Vote: Passes unanimously
Comment: The above resolution was a direct result of a grass roots effort by a group of US Airway's pilots from CLT and DCA and it received unanimous support by the BPR.
Motion to Postpone Office Security Policy Discussion Until After the Discussion of the Finance and Administration Committee
Vote: No: PHX, DCA, Jordan (PHL);
Yes: CLT, , Szpyrka, Gillies (PHL)
Motion fails.
Comment: CLT Vice Chair Crimi made this motion while the BPR was addressing the USAPA Office Security Policy - expressly who would be tasked with being in charge of the video security system. During this discussion, it was suggested that First Officer Dave Tobin - Finance and Administration Committee - be tasked. Crimi's concern was that continuing the discussion with the above suggestion was not appropriate considering one of the remaining Agenda Items for this meeting was a discussion of the staffing and workload of the Finance and Administration Committee, and Crimi planned on bringing to the BPR's attention what he believed to be improprieties in the Committee's existence and funding.
Motion to Approve Security Policy
Vote: Unanimous
Comment: The policy was passed with agreement that the Security Chairman and Vice Chairman would be in charge of video surveillance. During debate it was agreed that First Officer Dave Tobin would not receive further consideration.
Motion to Direct O'Dwyer and Bernstien, and Pat Szymanski to Represent USAPA in PHX District Court
BE IT RESOLVED THAT the firm of O'Dwyer and Bernstien and Pat Szymanski will represent USAPA in the pending Declaratory Judgment action and related matters currently in the PHX District Court.
Comment: The undersigned are unaware of any BPR member who is not comfortable and confident in the O'Dwyer and Bernstien firm to continue to litigate very competently on USAPA's behalf. This was not an action that the BPR took lightly, and hours of debate preceded this unanimous vote (PHX appropriately abstained).
Vote: Yes: All but PHX who abstained
Motion passes 8-0-3
Motion Directing the UOM Committee to Address the Requirement for Legal Retainer, Invoices and Payments in the UOM
BE IT RESOLVED that the following policy is adopted as requirements for legal retainers, invoices and payments and the Board direct the UOM Committee to incorporate the following language into the next UOM revision:
Vote: Passes unanimously.
Comment: This policy was brought to the Board by the President. The idea of this provision is for standardization and clarity. The language is quite lengthy and has yet to be incorporated by the UOM Committee. Before it is, it will be brought before the BPR for a vote to amend the UOM.
Motion to Approve New Member Applicants
Be it resolved that the applicants are approved for membership as presented by the Secretary/Treasurer
Vote: Passes unanimously.
Comment: This motion is a routine part of the Secretary-Treasurers report.
Motion to Direct the Negotiating Committee to Negotiate Language to Allow LTD Pilots Into the Training Department
WHEREAS Section 10 of our CBA does not contain specific language permitting pilots on sick or long term disability being hired into the US Airways training department, and
WHEREAS the addition and inclusion of such language in Section 10 could be negotiated that would allow for any interested pilots that have been forced out of the cockpit due to sick or loss of medical and placed on LTD to continue their employment at US Airways by transitioning into the training department as ground instructors and/or IP instructors.
THEREFORE Be it resolved that the Board of Pilot Representatives direct the Negotiating Advisory Committee to cost out and report back to the BPR the values calculated and benefits derived, and
BE IT FINALLY RESOLVED that any cost savings for the company be negotiated for the benefit of the entire pilot group and are to be added to benefit side of compensations or equivalent values to be distributed to the pilots in the current Section 6 Negotiating Process.
Vote: No: PHX, DCA, PHL
Yes: McKee, Ingram (CLT)
Abstain: Crimi (CLT)
Editorial: The CLT domicile Officers were directed by their members to bring the above resolution to the BPR for debate to explore the possibility of opening up training positions for LTD pilots. The sense of the BPR was that it would have a negative impact on jobs and the motion failed at the BPR level.
Motion to Accept Courtney Paquette's - Communication Specialist Contract:
Vote: Passes Unanimously
Editorial: USAPA hired a new Communication's Specialist to replace Whitney Moose. These contracts must be approved by the BPR and this one should have previously been approved but was overlooked.
Motion to Approve a Request from the Bereavement Committee
Be it resolved that the BPR approves the Bereavement Committee's request for financial donations in lieu of flowers when requested by the family.
Vote: Passes Unanimously.
Motion to Approve Minutes of Previous Meetings
Vote: Passes Unanimously.
Comment: Meeting minutes are approved by the BPR before they are published to the USAPA website. The UOM specifies a timeline requirement for minutes to be provided to the BPR for approval and subsequent posting to the USAPA website, but this timeline has not been met in recent months. There was discussion at the BPR meeting about correcting this oversight that is a responsibility of the Secretary-Treasurer, who works with the President to review minutes prior to BPR approval.
Motion Directing no Further Action be Taken on RICO lawsuit
THEREFORE BE IT RESOLVED, That the Board of Pilot Representatives directs that no further action be taken with respect to the claims alleged in that civil action, and
BE IT FINALLY RESOLVED, That it be stated, that the Board of Pilot Representatives undertakes this action in the hopes of breaking down supposed barriers between the former America West pilots (West) and the former US Airways pilots (East) and beginning the journey of working together towards gaining an industry standard contract and building a cohesive union.
Vote: Passes unanimously.
Motion to Close Meeting to Receive NAC Update
Vote: Passes unanimously.
Comment: NAC Chairman requested this closed session to brief BPR prior to passing USAPA's comprehensive proposal to company. This closed session was uncharacteristically long…approximately 2 hours.
Motion to Approve the Passing of Comprehensive Contract Proposal to Company
BE IT RESOLVED THAT the BPR accepts the NAC Comprehensive Proposal for presentation at the next negotiating session.
BE IT FINALLY RESOLVED THAT the proposal will be confidential until it is presented to the company at the next negotiating session.
Vote: Yes: CLT, DCA, PHL
No. PHX
Motion passes 8-3.
Comment: It appeared that PHX's objection was that the comprehensive proposal does not include the Nicolau Award, however it does not include section 22 - Seniority - at all.
Motion to Assess Value of All Concessions to Company in Current CBA and Incorporate Figure into USAPA's Retroactive Compensation Position.
THEREFORE BE IT RESOLVED that the Board of Pilot Representatives directs the Negotiating Advisory Committee to ensure that management and the mediator clearly understand that the full benefit gains and their assessed values in any concluded contract will be compensated to all US Airways pilots and be included as retroactive pay, and
BE IT FURTHER RESOLVED that retroactive compensations are nonnegotiable and will include all benefit calculations: to include but not limited to any and all contractual increases in salaries, vacation, duty rigs, medical benefits, sick compensation, LTD increases, training pay, or any other gains to the pilots that the company has absorbed due to their delay tactics in contract negotiations, and
BE IT FURTHER RESOLVED that these retroactive payments will be set to amendable date of the West Contract (December 30, 2006) and include equal parity compensation rates to all pilots to the September 21, 2006 merged certificate dates, and
BE IT FINALLY RESOLVED that the Board of Pilot Representatives directs the Negotiating Advisory Committee to monitor, maintain valuations, and report to the pilots during negotiations with the final calculations provided into the finalized agreement for ratification of the membership.
Vote: none.
Motion to Postpone Debate on Above Resolution
Motion to postpone until NAC reports next to the BPR.
Vote: Yes: McKee, Ingram (CLT), PHX, PHL, DCA
No: Crimi (CLT)
Comment: The above resolution was passed at a CLT domicile meeting directing the CLT Representatives to bring it to the BPR for debate. During discussion before the resolution was officially moved, the BPR was briefed by the NAC chairman that if the BPR directed the NAC to comply with the above resolution, it would essentially offset all the work the NAC had just completed with the comprehensive proposal. Because of this, the BPR elected to postpone debate until the NAC reported back after passing the comprehensive proposal to the company.
Motion to Approve New Members
Vote: Unanimous
Comment: This is generally done as a routine portion of the Secretary-Treasurer's report as was the case here. The vote is almost always unanimous.
During this meeting the BPR also passed significant budget cuts, but we could not locate the resolution in our notes. The budget cuts affected nearly every area of the 2011-2012 fiscal year budget. The BPR did however, postponed action on budget areas that will require budget increases - mainly Legal - until a date to be decided by the President. The postponement was to allow questions to be fielded by our Legal team, who was no longer available to the BPR at this meeting.
November 9th Special BPR Meeting
Motion to Approve Agenda
Vote: Passes unanimously.
Motion to Close Meeting
Vote: Passes unanimously.
Comment: The closed meeting was lengthy but necessary due to the sensitive nature of the discussion which was centered on legal strategy. The PHX Representatives removed themselves from the meeting at an appropriate time during discussion.
Motion to Approve Benchmark Contract
Vote: Passes unanimously
Comment: Benchmark is a firm being utilized by the Pension Investigation Committee at the committee's request.
Motion to Approve New Members
Vote: Passes unanimously.
Motion to Approve NAC Member Dean Colello for Full-Time Flight Pay loss Status
BE IT RESOLVED THAT the NAC Member Colello be approved for AFB status.
BE IT FINALLY RESOLVED THAT each committee chairman will be required to work with the President to ensure that Flight Pay Loss will be kept to an absolute minimum.
Vote: Passes unanimously.
Comment: The above resolution and the numerous others that follow relating to full-time flight pay loss status and stipends was a result of Vice Chair Crimi's calling the BPR's attention to the fact that there were numerous pilots on full-time status and receiving stipends of $1000/month without approval from the BPR. The Constitution and/or the UOM names only the 4 USAPA Officers, and the NAC, Grievance and Communications Chairmen as Full-Time Status. They are each paid 85 hours/month plus a stipend or 95 hours without a stipend if they choose the 95 hour option. Their stipends range from $1000 for the Committee Chairs to $1500 for the President. The UOM also allows other pilots not serving in the positions named above to be moved to full-time status with BPR approval. Anyone moved to full-time status under this provision automatically receives a $1000/month stipend as per the UOM language. However, after doing some research, Vice Chair Crimi discovered that there were 7 pilots who were receiving full-time pay by the union without prior BPR approval and also receiving the automatic $1000/month stipend. The BPR determined that each of these pilots on full-time status without BPR approval needed to be reviewed by the Board and a vote was taken for each individual to either approve or remove them from full time. For clarity, it is the full-time status that must be approved by the BPR, the stipend happens automatically according to the UOM once a pilot is moved to full-time. However, the language making the stipend automatic was recently amended by the BPR and the change went into effect January 1, 2012; now, no pilot on full-time status other than the 4 Officers and 3 Committee Chairs who are named in the UOM will be paid a stipend without BPR approval.
Motion to Approve Dave Tobin for Full-Time FPL Status
BE IT RESOLVED THAT Finance and Administration Subcommittee Member Tobin be approved for AFB status.
BE IT ALSO RESOLVED THAT the UOM Committee draft appropriate language for BPR approval to reflect the existence of this standing committee.
BE IT FINALLY RESOLVED THAT each committee chairman will be required to work with the President to ensure that Flight Pay Loss will be kept to an absolute minimum.
Vote: Yes: PHX, Dugstad (DCA), Jordan (PHL).
No: CLT, Szpyrka, Gillies (PHL), Stein (DCA).
Motion fails 5-6
Comment: Research by CLT Vice Chair Crimi into the propriety of this Committee led to the review of all full-time FPL recipients. Issues of concern about the committee were that although there is a record of the sole pilot on the committee being approved by the BPR for appointment to the committee in June of 2009, there is no record of the committee existing in the UOM; there also is no budget approved by the BPR for the committee even though the expense to the Association for this 1 pilot committee totaled $115,872.24 in the 12 months from September 2010 to August 2011 with significantly more expenses in previous months. All expenses for the committee were paid by the Secretary-Treasurer out of the Dues Collection Committee budget. However, this pilot was never appointed by the President or approved by the BPR to be on the Dues Collection Committee, and appointment and approval are requirements of the UOM . Related to this topic, there has been significant informal discussion among the signers of this letter to eliminate the Dues Collection Committee after USAPA hires and trains a new employee to handle the Committee's responsibilities. We believe this action will save a significant amount of dues money. The fiscal year 2012 budget for the Dues Collection Committee was set at: $239, 450.
November 15th Conference Call
Motion to Approve Agenda
Vote: Passes unanimously.
Motion to Approve New Members
Vote: Passes unanimously.
Motion to Increase Legal Budget by $802,844
Vote: Yes: CLT, PHL, DCA.
No: PHX.
Motion passes 8-3.
Comment: This is a very significant increase in budgeting for anticipated legal proceedings and no BPR member took this vote lightly. The BPR previously trimmed hundreds of thousands of dollars from the overall USAPA budget and we anticipate reducing the legal budget again in the near future as a result of the BPR's decision to settle the CLT litigation.
There are two significant legal battles that USAPA is engaged in - the seniority matter in PHX and the NY litigation where USAPA is alleging that US Airway's management is violating the status quo by intentionally frustrating the negotiations, grievance and arbitration process. We believe that the pilots absolutely want their union to fight these injustices rather than just walk away from them like our previous Collective Bargaining Agent did.
Motion to Increase NAC Budget
Vote: Yes: CLT, PHL, Dugstad (DCA).
No: Stein (DCA), PHX.
Motion passes 7-4.
Comment: Very lengthy debate preceded this motion at two separate BPR meetings. In our opinion, the BPR reluctantly passed this motion as a stop-gap to allow the Secretary-Treasurer to pay the NAC members whom are on full-time flight pay loss status. NAC funding will be revisited in the near future and funding is likely to be significantly reduced as a result of the recent reduction in NAC members.
Motion to Include the Following Action Item as a Late Agenda Item
BE IT RESOLVED that the Board of Pilot Representatives direct the UOM committee to draft revised language in the UOM to limit stipend pay to Officers as per the Constitution and By Laws, and the Chairs of the NAC, Grievance and Communication Committees and any other members on AFB status as approved individually by the BPR, and
BE IT FINALLY RESOLVED that the UOM Committee draft this language prior to the next BPR meeting for Board approval.
Vote: Passes unanimously
Comment: The language offered by the UOM Committee at the next meeting was approved as a UOM amendment and went into effect on January 1st.
Motion to Approve Grievance Vice Chair Dennis Brennan for Full-Time FPL Status
Vote: Passes unanimously.
Motion to Approve NAC member Manny Lopez for Full-Time FPL Status
Vote: Yes: CLT, Szpyrka, Gillies (PHL)
No: PHX, DCA, Jordan (PHL)
Motion fails 5-6
Motion to Approve Scheduling Chair and Strike Prep. Co-Chair Steve Smyser for Full-Time FPL
Vote: Yes: PHL, Dugstad (DCA)
No: CLT, PHX, Stein (DCA)
Motion fails 5-6
Comment: In all, the BPR reviewed 7 pilots on full-time status and voted to remove 3: NAC member Manny Lopez, Scheduling and Strike Prep. Chairman Steve Smyser, and Finance and Administration member Dave Tobin.
Vote to make the Full-Time Status Changes for the Above effective January 1, 2012
Vote: Passed unanimously.
We hope that you found this update informative. We realize it is very lengthy due to us playing a little catch up. In the future, we will attempt to publish these updates as soon after BPR meetings as practical which should substantially reduce the length.
Bill, Spike, Steve, DeWitt and Mike