PHL Pilots
During the next few weeks there will be several opportunities to educate yourself before participating in the upcoming vote. The first opportunity will be an informal Q & A session this Wednesday (1/14) at the Airport Marriott from 9:00 AM to 3:00 PM. There will also be a negotiating committee road show during the week 1/19 but at this time are unable to provide an exact date and time; we should have the road show specifics early next week. If you are unable to attend one of the upcoming meetings, the APA website is always a good source of information. As always, you can also contact either Paul DiOrio or Paul Music via telephone or email.
Also, during the past few weeks we have received numerous messages regarding the arbitration process. Below are 9 questions that hopefully will answer some of your questions.
Q. Can APA refuse the company’s December 23, 2014 proffer of arbitration?
A. No, APA must accept the company’s proffer.
Q. Does accepting a proffer of arbitration require APA to propose or accept changes to the green book?
A. No, by accepting the Company’s proffer, APA is not then required to propose or accept any changes to the green book.
Q. By accepting a proffer of arbitration, does that then open the door for the company to make unwanted work rule changes?
A. No, if APA accepts the green book, the company is not permitted to propose any work rule changes.
Q. What is the purpose of the arbitration clause outlined in paragraph 27 of the MOU?
A. As background, during bankruptcy, Management and the Unsecured Creditors Committee did not want the JCBA to produce a second bite of the apple for APA. As a result, they insisted that any contractual changes sought by APA must be cost neutral.
According to paragraph 27 of the MOU, the arbitrators are to “fashion provisions which are consistent with the terms of the MTA [green book], including provisions which implement the terms of the MTA or facilitate the integration of pilots under the terms of the MTA.” This means neither side can propose any significant changes to the green book, unless both APA and the company agree to expand the arbitrators’ jurisdiction. As a practical matter, the main purpose of the arbitration will be to address the implementation of the green book to all pilots at the company.
Q. If APA proposes changes to the green book and we ultimately end up arbitrating valuations, is Scope excluded from the arbitrators’ decision?
A. Yes, Scope is specifically excluded from the cost neutral arbitration.
Q If APA accepts the green book, can the company still require APA to make unwanted work rule changes to the current green book (e.g. Domestic/International, HBT, Vacancy Bid, or Reserve Call out)?
A. No, any work rule changes to the green book, including the concessions sought by the company during the JCBA negotiations, are then off the table.
Q. What if there is conflicting language between the green book, east and west contracts, doesn’t that require us to go to arbitration?
A. No, by accepting the green book, any conflicting language defaults to the green book.
Q. Are there any limitations to the arbitrator’s award?
A. Yes. The arbitrator’s award specifically shall adhere to the economic terms of the MTA (cost neutral) and shall not change the MTA’s Scope terms or modify modifications generated by paragraph 24 of the MOU.
Q. If APA accepts the green book, does that have any effect on our scheduled future raises and the mid contract adjustment outlined in the green book and MOU?
A. No, in addition to the raise we just received on 1/1/15, we will also receive a mid-contract adjustment on 1/1/2016 and 3.5% raises on 1/1/2017 and 1/1/2018.
Hope this helps clear up any confusion and hopefully we will see you at one of the upcoming meetings.
In Unity,
Paul DiOrio and Paul Music