Summer/Fall 2007 – US AIRWAVES
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Editorial
A List That Has Absolutely Nothing To Do with Seniority
Richard Obermeyer (LGA) Editor, US AIRWAVES
"The mere fact that length of service is given no consideration in the merger policy goes so against the normal thinking of an airline pilot as to be absurd. "
By the end of this editorial, I will probably have said enough bad things about enough people in power that I should probably have titled this piece, "My Farewell Address." I am not going to do that only because I always believe in saying and doing the right thing, no matter the consequences, so why change now?
Let’s start with the easiest and most obvious target, George Nicolau. Mr. Nicolau is an experienced arbitrator, having rendered many decisions, including many involving pilot seniority mergers. I sat in the gallery during virtually all of the testimony. I spent many hours listening to our merger committee discuss the case, and I talked at length with both the committee and our attorneys and experts. Mr. Nicolau’s award is both astonishing in its inconsistencies and in the devastation it will wreak on the careers of the US Airways pilots. The words of the award and the list don’t match up. Mr. Nicolau claimed to have ratioed working pilots with working pilots, and yet the working pilots at the bottom of the US Airways certified list were not included in that ratio.
Next, he said that he protected the top 517 US Airways pilots—unfortunately, more than 10% of that number have already retired. What that means is that the day this list is implemented, if it ever is, a significant number of former AWA pilots will be able to bid the premium widebody flying.
In the words of his award, Mr. Nicolau says that he put working pilots with working pilots, and yet this award doesn’t do that, since 326 active pilots shown on the AAA certified list were all placed below the last AWA pilot. These were the pilots working at MDA. Many of these pilots are now recalled and working on mainline aircraft with top-of-scale longevity, and yet they were placed on the merged list below AWA pilots with less than two months of longevity at the time of the merger.
Mr. Nicolau is not the only reason for the fallacy of this award. Let’s consider the merger policy itself. In the day-to-day work life of every airline pilot in this country, what is the set of numbers most important to them? Clearly, it is their date of hire. It controls nearly every aspect of their work life, yet inexplicably it is not relevant in a merger under ALPA’s merger policy.
Please, if you are an airline pilot, and you can look me in the eye and tell me that makes sense to you, I would like to meet you. Date of hire or length of service controls your hourly wage, how much vacation you receive, and when you get to use that vacation. It decides when you work each month, whether you are home for your child’s birthday, or if you will spend Christmas with your family.
The mere fact that length of service is given no consideration in the merger policy goes so against the normal thinking of an airline pilot as to be absurd. Should this list have been put together with only length of service and no restrictions? Obviously not, just as it is absurd that Mr. Nicolau used ratios and slotting with virtually no conditions and restrictions. If the policy stated that the lists shall be combined based on length of service and that conditions and restrictions shall be made to ensure that the other goals are accomplished, wouldn’t that be clear and make sense to every airline pilot?
The merger policy, as it is written, allows an arbitrator to make decisions based on what he believes a pilot’s career expectations are. Does
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"The Executive Council has an obligation much larger than just ensuring that no fraud was committed. What is the point of having a policy if it isn’t followed, and there is no remedy? "
that mean the aircraft, jobs, and attrition that each side brings to the merger, or does it mean the pilot’s expectation based on the decisions made by the management of the pilot’s pre-merger airline? I don’t think any pilot really wants their position on a merged list determined by the performance and decisions of their management in the years leading up to the merger.
Here is what this bad policy meant in my own case: On August 9, 1999, I took a type rating check ride on the A320 as part of the process of becoming a captain at US Airways. It just so happens that on that same date, there was a new hire class at America West. Thinking back to the summer of 1999, US Airways had in excess of 5,000 pilots and was hiring new pilots each month. As a matter of fact, some of those new-pilots at US Airways were pilots who had re-signed their position at America West in order to take a job at US Airways. Why would they do that? Clearly, because at that time, their career expectation was better at US Airways.
By the logic of this merger policy as misapplied by Mr. Nicolau, I would have been approximately 3,300 on the merged list if I had possessed the foresight to better understand my career expectations on August 9, 1999, and taken a new-hire position at America West instead of a captain’s position at US Airways. Instead, Mr. Nicolau believes that I should be placed at number 4,460 on the combined list surrounded by AWA pilots who were still on probation at the time of the merger.
A discussion of the merger policy brings us to the Executive Council and their role in this debacle. I saw a false analogy put forward on one of the webboards that related this integration to a baseball game, so I want to extend that analogy here.
Many of you know that in my spare time, I am an NCAA official and umpire many college baseball games each year. Now we all know that the rules of baseball state that the umpire’s judgment is final; sound familiar so far? That won’t be the point of this little story. Clearly, there are a set of rules that an umpire must follow when officiating a game. As a matter of fact, the 2007 NCAA baseball rulebook covers 138 pages, and I am required to take a recurrent test on those rules each year. Some of these rules are rules of the umpire’s judgment and some are rules of fact. Some rules of the umpire’s judgment are so sacred that any questioning of that judgment results in the immediate ejection from the contest of the person questioning the umpire. This means if a participant in the game wants to argue with me about whether the pitch was a ball or a strike, I will immediately end their involvement in the game.
Other rules are rules of fact, such as number of outs each team gets, the length of the game, and the distance to the bases and pitcher’s mound. The umpire can’t decide to let the players use non-approved equipment. If the bases are not the proper distance, if the pitcher’s mound is not in the right spot, is the game result final and binding? If the umpire decides that each side should only get two outs per inning, should the result of the game be allowed to stand or should the side that feels they were disadvantaged be allowed to appeal to the NCAA in order to seek a remedy?
The Executive Council has an obligation much larger than just ensuring that no fraud was committed. What is the point of having a policy if it isn’t followed, and there is no remedy? The job of the EC must be to ensure that all of the policies of the Association are followed. The policy says that one group should not gain a windfall at the expense of the other. Clearly that portion of the policy is not adhered to in this list by the transfer of thousands of years of captains’ pay from one group to the other, and yet because there is no evidence of fraud and because the rules were fair, the Executive Council wouldn’t act.
That leads to the next group I will offend. The communications coming from our counterparts in the West are beyond compare, both in their lack of complete truthfulness and in their out-right audacity. Let’s begin with the big red herrings that they like to toss into the mix. They say, first of all, that our attrition is a myth because we have first officers and guys on furlough who are retiring.
Let’s just consider the many hundreds of active pilots retiring during the next 7 to 10 years. Are they spread throughout the list? Yes. Is every single one of those guys senior to Jim Ziegler, one of the most junior pilots on our list who has never been furloughed? Yes, they are, so every one of those retiring pilots represents attrition that the AAA pilots brought to this merger that should benefit Jim Ziegler, not the 1,800 AWA pilots who were put on the list ahead of him.
Do the retirements benefit every AAA pilot equally? No, but they benefit some AAA pilots and therefore should not have been transferred to the AWA pilots. The way this list is constructed, the AAA active pilot retirements benefit virtually every single AWA pilot at the expense of Jim Ziegler, an AAA pilot now in his
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Editorial
twentieth year here with no furlough time. Where I come from, we call that a windfall. Funny how AWA’s communications don’t want to tell that part of the story. The next false argument made in the AWA communications is the one that says that, since our models showed every pilot always bidding to the highest-paying piece of equipment as soon as possible, our number of captain years lost as a result of this list is somehow false. We say that this number is over 4,000 years of captain flying that was transferred to the AWA pilots. They make no attempt to say what the real number is, but they say our number is wrong and that our model is wrong. They try to say that since real- world bidding isn’t what was reflected in our model, then the number produced by the model is not valid. Is that really the case? Clearly, this is another argument made by the AWA pilots designed to confuse the issue.
Let’s set up a simple example: There are 10 widebody Captain positions available. In this example, East pilots will be identified with an "e" before their number and West with a "w." The 10 widebody positions are filled by the following pilots before the merger: e1, e2, e5, e6, e8, e10, e11, e13, e19 and e21. Now let’s say that pilot e8 retires. On the merged list, there is a section of the list that is as follows: e11, w8, e12, w9, e13 e14, w10, e15. In this example, w9 bids for and is awarded the position. Even if no AAA pilot except for the aforementioned Jim Ziegler wanted that position, is that a transfer of widebody Captain’s pay from an AAA pilot to an AWA pilot?
Since virtually every AWA pilot on the merged list is ahead of Jim, if one of them bids for and fills that position, is the year of Captain’s pay transferred to a West pilot or not? The fact that the model used "stove piped" the bidders is irrelevant to the fact that the transfer occurred. The model used by the AAA pilots never attempted to identify the actual pilot who lost the pay, merely the fact that some pilot lost it. Somehow the communications coming from the AWA pilot leadership leaves that part out.
Now for the worst of the statements made by the AWA pilot leadership. They say that they would be outraged if the AAA pilots are brought up to parity with them on rates of pay. Bottom line here is that the AWA pilots don’t believe that we should be paid as much as them. Let me say that again: Two years after this merger, even after the AAA pilots supported the changes that enhanced the AWA pilots’ retirement, and even after they have been brought into our profit sharing plan, they don’t think that we should receive equal pay for equal work. If we aren’t willing to accept the outrageous Nicolau award, then we aren’t deserving of equal pay for equal work. Did the AWA pilots express their outrage when any other group or individual was brought to pay parity with their counterpart on the other side? If the situation was reversed, would the AWA pilots want equal pay for equal work? Did the AWA pilots believe that they should receive parity when it came to retirement plans? Just to be clear here, the leadership of one labor group will be outraged and will actively oppose the members of another labor group getting a raise.
Say this out loud and see how it sounds: "Unless the AAA pilots drop their opposition to the Nicolau award, the AWA pilots don’t believe the AAA pilots deserve equal pay for equal work!"
In essence, if you are willing to give your future to the AWA pilots, then they will believe that your work is worth as much as theirs. I guess there is a different kind of trade unionism in Phoenix. They must have missed the part of "Flying the Line" that talks about the theory of pattern bargaining that says you jack the house up one corner at a time. Too bad the AWA pilots weren’t members of our union during the B- scale era. If they were, they would have learned that the top of the scale will stagnate while the B-scale is eliminated. In the end, the AWA pilots will get a bigger raise if the pay rates are equal at the start, because we will all be united in that fight, but they will have to learn this lesson all on their own.
"The model used by the AAA pilots never attempted to identify the actual pilot who lost the pay, merely the fact that some pilot lost it. "