The comedy just keeps getting funnier. Thanks easties for all the laughs!
Looks like Tracy hates easties too.
An anonymous submission on: http://www.yousapa.com/index.php/cam...e-3-issue.html
The 3% issue
What is it? A raise due the pilots, 3% each May 1st, after amendable date of the current contract.
Where does it come from?
From the July 2002 restructuring agreement:
Contract Extension:
• The amendable date of the 1998 US Airways pilot collective bargaining agreement (Agreement) will be extended to December 31, 2008. The parties will commence bargaining for a new collective bargaining agreement no later than January 15, 2008 and will make every reasonable effort to complete such bargaining in time to secure a new, fully ratified, collective bargaining agreement prior to the amendable date. If the parties have not reached a tentative agreement by August 1, 2008, they will, no later than August 10, 2008, jointly apply for mediation with the National Mediation Board.
Revisions to Hourly Pay Rates:
The hourly pay rates contained in Section 3 of the Agreement will be revised as follows:
• The hourly pay rates in effect on June 30, 2002 will be known as the Book Rates. The actual rates will each be reduced on the Effective Date to the rates that were in effect on April 30, 2001. The parity review scheduled for May 1, 2003, and Letter of Agreement 47, as amended, will be canceled.
• Eliminate the LOA #61 1% lump sum increase scheduled for 2003.
• Hourly pay rates will be increased by a compounded 1% effective on May 1, 2003, May 1, 2004, May 1, 2005, and May 1, 2006, and further increased by a compounded 2% effective 1, 2007 and May 1, 2008, and 3% on May 1 of the succeeding status quo period (i.e., the period past the Agreement amendable date).
From LOA 93:
NOW THEREFORE the parties mutually agree to amend the Contract,
Restructuring Agreement, and the subsequent Letters of Agreement as stated in the Transformation Plan Term Sheet, below. Other than as specifically modified in these documents, all terms and conditions of the ALPA-US AIRWAYS Collective Bargaining Agreement effective January 1, 1998 as amended shall remain in full force and effect.
And further from LOA 93:
Duration: Amendable date December 31, 2009.
Background:
The association believed that the LOA 93 agreement regarding pay rates expired on December 31, 2009 and the pay rates were to be restored to the rates prior to the LOA 93 agreement. The Company disagreed and the matter went before an arbitrator in Feb 2010.
The “question” in dispute and thus asked of the arbitrator was this:
“What are the pay rates on January 1, 2010?”
The 3% issue was separate from the LOA 93 issue. (It is in the 2002 restructuring agreement, not LOA 93)
The previous restructuring agreement, known as the July 2002 Restructuring Agreement stipulated that there were to be raises of 3% each May 1st after the amendable date of the agreement. The July 2002 restructuring agreement extended the amendable date of the current pilot’s contract to December 31, 2008.
LOA 93 extended this amendable date to December 31, 2009.
Many pilots believed that these were 2 separate issues.
I The LOA 93 pay rate restoration
II The 3% raises due the pilots – per the July 2002 restructuring agreement – each May 1st after the amendable date (December 31, 2009 – per LOA 93)
Many pilots decided that these were 2 separate issues and argued this before the USAPA grievance committee to arbitrate these 2 issues separately.
The LOA 93 pay restoration hearings took place in Feb 2010 before arbitrator Kasher. The question asked Kasher was “What are the pilot pay rates supposed to be on January 1, 2010?” Nothing was asked of Kasher pertaining to the 3% raises due each May 1st after the amendable date.
On May 15th, the pilot were paid for the April pay month which included May 1st. There was no adjustment of pay shown on the pay sheets for this pay month. At that time, it was clear that the company was not going to comply with the July 2002 restructuring agreement.
Over the next few months, there was much debate among the BPR and grievance as to whether this issue was included in the LOA 93 grievance, or if another grievance needed to be filed. Grievance argued against filing another grievance.
Several pilots believed that this issue was not included and filed individual grievances with USAPA.
After the transcripts were released, and after the final briefs were filed with the arbitrator in June 2010, it was clear that the testimony, the witnesses, the hearing did not address the 3% raises, but grievance continued to claim that they were covered.
Several pilots, who had filed individual grievances with USAPA insisted that their grievances be filed with the company prior to the 120 day window expiring. Grievance Chair Parrella refused to file the grievances, and only when 3 pilots insisted, the grievances were filed under protest from Chairman Parrella, and these grievances were declared unsupported by USAPA (the pilots were on their own, and would have to financially support the grievances, and also spend their own time defending the grievance.)
In March of 2011, the first hearing was held in front of Ed Schmidt in Pittsburgh. 2 of the 3 pilots traveled to PIT on their own expense, along with Doug Mowery at his own expense, and another witness attending at his own expense. Tracy Parrella and Dennis Brennan attended to represent the union, and argued extensively against the grievance and the 3 pilots who had filed the grievance. They argued that this issue was covered under the LOA 93 grievance.
Tracy Parrella documented her position in front of the company and promised to send Ed Schmidt documents supporting the union’s position on this matter. Tracy Parrella refused to copy in the 3 pilots, and refused to send the 3 pilots the documents that she sent to the company regarding their individual grievances. After numerous requests in writing, Tracy Parrella refused to supply the documents supplied to the company regarding this grievance.
Ed Schmidt denied the grievance and agreed, in writing, with the union, that the company believed that the issue was covered under the LOA 93 grievance.
As of this date, the 3 pilots are still waiting for their grievance to be heard by Lyle Hogg.
