How Do the UEL LOA 93 & PA Negotiations Compare?
When thinking about this week's APA and USAPA PA agreement public comments it occurred to me there are a lot of comparisons to how the AAA MEC RC4/5 handled LOA 93 negotiations and how USAPA's UELs are handling PA negotiatons.[/size]In LOA 93 negotiations the ALPA RC4/5 MEC demanded US Airways met the union's requirements and the UELs just said "no" to management's position. There were virtually no give-and-take negotiations and every MEC decision was made by "roll call" vote, which caused the pilots to give the company a concession much greater than the company's opening offer or "ask." Throughout this process the pilots did not know what was being negotiated because the UELs kept the discussions confidential and in "closed session" displaying no transparency. To get a deal management went directly to the pilots with public information when the company was close to liquidation. [/size]Lets fast forward. [/size]USAPA's BPR has kept all PA, UMTA, GA, and lawsuit settlement information in "closed session." Once again there is zero union transparency under the guise of strategy and the pilots have no idea what USAPA is proposing to APA. None, zada, zilch! Meanwhile, it has become apparent that USAPA is only providing demands to both AAG and APA, but the two strategic partners now view UAPA as irrelevant. [/size]In response APA has begun negotiating directly with US Airways' pilots and each APA offer gets worse and worse for US Airways' pilots. How do we know this? First, APA let its initial draft PA proposal become an exhibit to US Airways' Motion to Reconsider. Next, at virtually the same time the NMB made its CWA/IBT SCC determination, APA published on their website a worse PA offer. This was certainly done to get the US Airways pilot's attention to display the risks of not accepting a 3-way ISL arbitration per APA's initial draft PA pass. [/size]In response what did USAPA do? Nothing, but say "no." And, just like with LOA 93 negotiations there are no meaningful PA negotiations occurring because once again all the UELs know is "how to demand" and to just say "no."[/size]To highlight the comparison between UEL LOA 93 and PA negotiations earlier this week USAPA's MC said, "Our Merger Counsel sent our proposals for Protocol, Union Transition, and Global Settlement Agreements to APA Counsel on April 29. This week’s APA proposal came to us unannounced, with no prior communication to our Merger Counsel. Needless to say, we were surprised to see the APA’s proposal, given APA's recent refusal to negotiate, and after we were told there would be no counterproposal. Contrary to what you may have heard from APA communications, this APA Protocol Agreement proposal does not incorporate the compromises we offered back on April 29. In fact, the APA proposal rejects virtually every item we included in our April 29 proposal, which protected your McCaskill-Bond rights, while also resolving the impasse in the negotiations."[/size]"The APA posted its proposal on the web just hours after providing it to us, after agreeing to keep protocol negotiations confidential. We fully appreciate the need for appropriate transparency, but productive negotiations do not happen on the internet. While we intend to honor the confidentiality of protocol negotiations we agreed to, you should know our compromise proposal was a reasonable solution to the impasse. We cannot accept a proposal that separates us from our M-B rights and effective representation in the SLI process," the MC noted.[/size]Here's the deal.[/size]Either USAPA begs APA and AAG to resurrect APA and AAG's initial PA that authorizes a 3-way ISL arbitration, if required or in short order "A finding of SCS will quickly eliminate USAPA’s role as our collective bargaining agent (CBA), and thereafter it will be legally barred from representing anyone. The Allied Pilots Association (APA) will become the CBA for all American Airlines pilots, just as USAPA became the CBA for all US Airways pilots when it was certified by the NMB."[/size]How will this turn out? USAPA will just say "no" again and let the NMB make a SCC determination and Court decide the petitions in front of the bench. And, instead of taking responsibility the UELs have once punted so they can point the finger and blame at others.[/size]What will likely happen? APA will simply wait for the NMB to designate APA the union for all New American pilots where Judge Silver "unequivocally held that USAPA cannot participate once it is no longer the certified bargaining agent. " And, APA and AAG will wait for Judge Howard to provide AAG and APA the authority to proceed with a 3-way ISL arbitration, if held, regardless of USAPA's desire.[/size]
