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Gary Hummel's latest email:


How Do We Get a New Contract?

It has been my privilege during the past several weeks to meet and speak with so many union members. I have heard your concerns and it has been my pleasure to engage in conversations and consider the many constructive ideas for improving our collective future.

By far the most common question posed by our membership has been about how USAPA will obtain an industry standard contract. I would like to share my thoughts with you on that topic today.

First, let me be clear, going forward “industry standard” will be defined and directed by the entire USAPA membership. A clear collective goal will move us forward quicker than anything you have witnessed to date.

There are three probable scenarios for achieving an industry standard contract in a timely fashion.

First Scenario: For a variety of reasons, US Airways may decide that they are ready to negotiate in earnest toward an agreement with USAPA. There would most likely be a new, external and urgent reason or motivator for this change in their past behavior. Due to SEC Rules, the true reasons for their willingness to now conduct meaningful negotiations would remain unknown as would the true financial wellbeing of the airline. USAPA is currently unprepared for this fast moving scenario. It is precisely because of the unknowns in the timing and structure of any deal that we need to have our Union’s infrastructure prepared and available for serious negotiations at all times. We currently exist precariously within a flood plain and do not have the frontend loader standing by to build the dike. If the rains begin and we are unprepared, we are certain to be washed away.

The USAPA Constitution mandates the presence of a professional negotiator during any meeting with management having the intent of amending, modifying, or extending the basic collective bargaining agreement. It has been over two months since the firm associated with our union’s professional negotiator advised USAPA that they wished to sever all relationships with our union. Without a professional negotiator the frontend loader is gone and we are unable to meet a company tsunami, rogue wave or rising tide.

I encourage our BPR to immediately begin the process of distributing a Request For Proposal for a new professional negotiator before we drown. Our RFP criteria for a new professional negotiator should include the reason for their desire for employment with USAPA and not only the terms of a promise to deliver a paycheck in return for a service. A paycheck is not the only motivator for superior performance. If you don’t believe that, just ask any US Airways pilot. They are the best in the business and continue to work for less. That is going to change.

I suggest as an option that the USAPA BPR invite the Teamsters to apply for the professional negotiator position at USAPA. As you may recall, the BPR recently invited the Airline Division of the Teamsters to answer your questions concerning our mutual alliance and this would be a logical continuance of the discovery process. The Teamsters have the motivation to deliver a contract for USAPA as it would help them prove that their professional airline division is a model for success. This arrangement would fulfill the desires of our membership to enhance our relationship with a multi-craft union and at the same time motivate the Teamster professional negotiators to deliver a new industry standard contract for USAPA. It is a win-win pay as you go “test drive”. Show us your horsepower and we might come back for more.

Second Scenario: An outright and public merger announcement would obviously motivate a renewed effort by management to engage USAPA in negotiations. Those negotiations could be for either a complete new contract or a transition agreement as the Company combines airlines. The purpose of these negotiations would be for the Company to seek relief from the current Scope provisions in both East and West contracts. Like Scenario One, the possibility of a public announcement mandates that USAPA be prepared on a moment’s notice.

A public announcement of any “transaction” could be subject to certain conditions contained within your contract. A “transaction” would include US Airways purchasing another airline, being purchased by another airline, selling or transferring more than 15% of their operating revenue, block hours or ASMs during a 12-month period prior to the transaction date. A transaction might also involve the transfer of routes, transfer of aircraft, or a change in control of the company. It is important to note that the aforementioned are only a partial list of possible complex “transactions” that will most likely be dictated by external events.

Perhaps the most discussed, immediate and beneficial transaction for our membership involves one that would affect a change in control of US Airways. Language contained within our Restructuring Agreement of July 13, 2002 memorialized that should a change of control occur, the “book rates” in effect on June 30, 2002 would be triggered and therefore double your current paycheck. US Airways will of course attempt to structure any deal to avoid these contractual provisions and once again, USAPA needs to be prepared to meet that challenge head on.

The negotiations involved in any merger, triggering a change of control or not, will be multi-lateral, complex and technical. USAPA must maintain and present a non-emotional, educated and professional presentation. We must not only be the experts of our own contractual scope provisions, but those existing in the agreements of our larger merger partner as well.

In any merger/negotiation situation we need to be a participant in the solution and not just a consequence of the decision. Emotional discipline is paramount to success. We must ensure that respectful and reasonable communications are established between US Airways, USAPA and our new merger partner. Although we can empathize with this highly charged emotional environment, we can ill afford to continue having those at the helm of our future losing control. My colleague Bill McKee recently informed you in his campaign piece that he “will not tolerate being summoned at the last minute in the 11th hour of a merger deal.” This is Bill’s style both past and present and with rhetoric like that, I don’t think that we can expect anything better from US Airways in return. How’s it going so far?

Final Scenario: We need to be prepared for self-help, the least desirable scenario. This is not a path that the Union or the Company should want to traverse. If released to self help, the Company can immediately invoke their last contract proposal and we either work or walk. Are you convinced that we currently have the solidarity, the war chest and the personal finances to fight this battle? We have been parked by the NMB and assuming we do procure a new professional negotiator and resume negotiations, the next recess required could be for self-help. We cannot sit idly by waiting for scenario one and hoping for scenario two. Preparation and education for self-help and a strike vote must begin today.

Division among our pilots is the single largest obstacle that we will need to overcome during self-help. We are divided North South, East West, Junior Senior, and even over 60 pilots who vie for the same blocks. I recently attended a PHL base meeting and had a hard time finding two pilots in the same room that could agree on anything. It can no longer be someone else’s problem. It is our collective problem and it needs to be addressed today.

We need strategy today which will change our paradigm and promote our mutual success. We need to embrace simple solutions such as one pay rate for all equipment with incremental raises based on years of service currently utilized by British Airways and UPS as our model. The junior pilots on the E190 would be removed from welfare, senior pilots would no longer be forced to kill themselves flying the long haul all night for a few extra bucks and simultaneously the over age 60 problem goes away. We need to consider solutions that work and promote unity for all if we hope to survive the Final Scenario.

Detractors often say that it is impossible to achieve our required unity of purpose. I disagree and we must begin our efforts to achieve it today. The USAPA Constitution mandates that a strike vote must be taken before any action is employed against our company. We must be prepared and the first step in that process can be your vote in this election. Your choice for change verses three more years of the same union leadership is crystal clear.

Reading campaign literature and watching campaign videos is useful in determining the personality and philosophy of your new union officers. Some have preferred to offer you the Crisis du jour. It’s like the soup, you never know just what it’s going to be but they cook up a new one every day. I prefer to offer you a change and ask you to vote for mature, predictable and responsible leadership. Please visit ChangeUSAPA.com

You can choose to be a participant in the process of obtaining an industry standard contract or remain a consequence of one that will surely be imposed. As disgusting as any management style might be, as disingenuous as the company’s negotiating strategies are perceived to be, we must never the less continue the process with a professional demeanor and build consensus. With focused leadership and member driven priorities we can quickly prevail. You must begin to repair and develop your professional relationships with each other and our business relationship with the Company today. Our success in any scenario will depend on it. I encourage you to start with your vote for Gary Hummel for President and Steven Bradford for Vice-President of the US Airline Pilots Association.

Thank you for your support,

Captain Gary Hummel

ChangeUSAPA.com
 
Let’s review.

Some west guys ask for a SENIORITY list. The company very lax with security and personal information hands over a list that unknowingly contained data. Usapa pops a blood vessel and screams to every agency they can find. Spends a ton of money deposing a couple of the guys. Get the east membership all wound up that they have been ripped off. Usapa demands that they get fired and they are absolutely certain that seniority list contained personal data. (How did they know that?)
Once the company found out what was in the file they call those guys in and confirmed the data was had not gone to anyone else. They contained the number of people that had access.

The VP of the union was the merger chairman has access to those same seniority lists. The same VP that has ethical problems to start with, “losses” or has stolen a laptop that contains that same data. He failed to contact the security committee to tell them his laptop had been stolen from HQ. The tapes are reviewed and no one broke in and they can’t determine where or when it was “stolen”.

Now that laptop that contained the same data you east guys lost your minds over is now gone to unknown places controlled by unknown people. But in this case you have no concern, not demanding action and in fact still blaming west pilots.

Can you guys not see the complete hypocrisy of your actions?
 
And no answers from Hummel. He IDs the issue but offers no solutions.

The west has the solution. It's the Nic.
Exactly. Who the hell does he think he's fooling? Guess what? No section 22 NO CONTRACT. He vows to keep fighting after every loss...we can all do the math and easily see 3+ more years of loa93/c2004 under the Hummel plan. He's worried about the gutters and ignoring the fact that there is no foundation. Ferguson Koontz have the stones to tell everybody out loud what they already probably know. Nic. Is the only legal way fwd. ignore that....hope for mitigation....worry about your stupid "professional negotiator, (who btw has failed to produce a single solitary benefit at enormous cost...but Hummel ignores that too) and be prepared to live on Loa93 until a merger steamrolls you.

How can these East guys be so F'ing consistently stupid? Hummel is as worthless as McKee.

P.S. Hummel, the IBT told YOU to shove it already...just like CAPA Is about to.
 
P.S. Hummel, the IBT told YOU to shove it already...just like CAPA Is about to.

Actually Res, that is not what the IBT said.

Look for a much stronger and productive relationship with CAPA after mid April. Look for an even better one with the IBT. We all know why those alliances have soured, and it has nothing to do with any of the current candidates.

The idea of bringing the IBT in as professional negotiators seems innovative, unless of course good ideas can only originate in the PHX crewbase.

RR
 
Actually Res, that is not what the IBT said.

Look for a much stronger and productive relationship with CAPA after mid April. Look for an even better one with the IBT. We all know why those alliances have soured, and it has nothing to do with any of the current candidates.

The idea of bringing the IBT in as professional negotiators seems innovative, unless of course good ideas can only originate in the PHX crewbase.

RR

I wonder why SWAPA threatened to leave CAPA. Ideas?
 
Exactly. Who the hell does he think he's fooling? Guess what? No section 22 NO CONTRACT. He vows to keep fighting after every loss...we can all do the math and easily see 3+ more years of loa93/c2004 under the Hummel plan. He's worried about the gutters and ignoring the fact that there is no foundation. Ferguson Koontz have the stones to tell everybody out loud what they already probably know. Nic. Is the only legal way fwd. ignore that....hope for mitigation....worry about your stupid "professional negotiator, (who btw has failed to produce a single solitary benefit at enormous cost...but Hummel ignores that too) and be prepared to live on Loa93 until a merger steamrolls you.

How can these East guys be so F'ing consistently stupid? Hummel is as worthless as McKee.

P.S. Hummel, the IBT told YOU to shove it already...just like CAPA Is about to.

I'll ask you since MSU won't (can't) answer.

-If Ferguson is elected president, how can he end the litigation on his own? Isn't that up to the BPR?
 
Missed them. Where's the post?

I guess you were too busy tuning the banjo to pay attention. Here ya go:

-How does dropping the litigation suddenly bring the unity required to get an INDUSTRY LEADING contract?
-How would Ferguson just drop the litigation? Wouldn't that be up to the BPR?
-What would a Nic type SLI with AA or DL look like with all the top SLOTS going to the other carrier?
-What does the Nic do to guys that want to stay in PHX?
 
Here are a couple more:

-Koontz says to "Make it Doug's problem". Why? Why should Parker have to pay for the potential east and west windfalls?
-Will team AOL drop the litigation if Judge Silver should deliver a ruling they don't like. A blanket no litigation policy?
 
Leonidas Update: February 20, 2012

This will be a busy week. The responses to the Declaratory Judgment are due February 21, and the USAPA election ends February 23.

DJ filings:

Our attorneys have little to say in response to the company filings, USAPA’s filings are another matter. USAPA continues to argue the wrong case. They argue ALPA merger policy is defective, Nicolau is not fair, that longevity was not considered, that Captain Brucia dissented, that US Airways was the surviving company, and that Mike Cleary made an honest effort to mediate but was rebuffed by those mean Westies. We have invested many hours with our attorneys gathering evidence to refute and correct their claims. Although USAPA’s arguments are immaterial to the questions before the court we could not let their false assertions stand unopposed. The responses will be posted on cactuspilot.com as soon as they are available on the 21st.

Judge Silver will then review the filings, perhaps request oral arguments and rule. We hope that her ruling will come in April, but it could be many months. We remain optimistic which means USAPA will likely appeal to the 9th. Delay while the airline industry consolidates. Our position in any merger is greatly weakened by our bankruptcy era contracts; remember unmerged career expectations will way heavily in future mergers.

This legal work is very expensive, thank you for your continued support; we cannot afford to let up.

USAPA Elections:

There appears to be a belief by some that Leonidas, LLC is providing financial support to the candidates in this election. Contrary to these assertions, Leonidas, LLC has not provided and will not provide any financial support to the candidates. The candidates are paying expenses out of their own pockets and appreciate your campaign donations.

Leonidas remains committed to defending the seniority of all West Pilots.

PS

Our very own Third Bay Band will be rockin Thursday night 8:00pm at The Compound Grill 7000 E Mayo Blvd, Phoenix. Come out and celebrate what could be the biggest upset in labor election history.

www.cactuspilot.com
 
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