Update for October 24, 2007
“You’re Free to Leaveâ€
Dear Philadelphia Pilots,
Unfortunately for all, the meeting completed Saturday October 12th in Washington D.C. turned out to be the set up we expected. A one-two punch designed to intimidate and threaten our MEC to re-enter the JNC process. All the big guns were there, Captain Prater, Captain Rice, and Mike Abram from Cohen, Weiss and Simon. The misguided actions of ALPA continued when on this past Friday Captain Prater once again torpedoed any progress being made towards consensual solutions over the Nicolau debacle with another one of his famous Unity letters.
ALPA International didn’t like the direction your MEC has taken over the past few months embodied in our three unanimous resolutions. This two-day event turned out to be nothing more than a strong-armed attempt by ALPA International to force us back into JNC negotiations. They are attempting to do this by re-framing the argument.
No longer is there any discussion of the “seniority problem;†now we are being painted as obstructions to the negotiation process. And there was no response or acknowledgement of ALPA’s failures, most recently their lack in executing our Scope violation grievance.
The world-famous ALPA advisors have been very effective during previous negotiations in moving our group down the path of least resistance by re-framing the argument. If we haven’t learned anything else, we have surely learned to recognize this tactic.
Remember that we have, by resolution, stopped participating in the JNC process until we receive Pay Parity and Retro pay from September 2007.
The main charge made by ALPA National is that by these resolutions, we are interfering with the collective bargaining between the AWA Pilots and the company. Your PHL Reps absolutely disagree.
It’s important to understand that by the Transition Agreement the AWA Pilots have retained their rights to enter Section 6 Negotiations for themselves. Their contract became amendable in January of 2007. They can serve notice and begin contract negotiations within 30 days. More power to them. They can expect no obstruction from Council 41. The AWA MEC has threatened us with opening of Section 6 negotiations several times over the past eighteen months. Each time we have encouraged them and wished them well.
In addition to the Section 6 options for the AWA MEC, we agree with the Company’s position that either side could pull out of JNC negotiations after June 2006 if progress wasn’t being made.
Don’t let any high-paid lawyers or jet-setting advisors tell you otherwise: EITHER SIDE MAY PULL OUT OF NEGOTIATIONS.
The following is from page 42 of the transcript from the Federal Court in Philadelphia on March 2nd 2007 in front of Judge Berle M. Schiller in which company attorney Bob Siegel goes on the record.
THE COURT: I will hear from Mr. Robert Siegel.
10 MR. SIEGEL: Your Honor, I would characterize the
11 additional claims as tag-on claims, but I'll say this. That
12 he's referring to what we would call a claim under Section 2
13 first, of the Railway Labor Act. Federal Courts do not, ……………………………………
14 ………………….
4 Number two, just to say it on the record, the
5 transition agreement actually says that either party can
6 discontinue those negotiations. It's got a provision in
7 there that says as of June, 2006, if there wasn't a deal, you
8 can discontinue trying to get a deal. We haven't done that.
9 If we were trying to be a bad faith negotiator, we could have
10 just discontinued the negotiations, invoked our rights under
11 the provision that allowed either party to do that at a
12 certain set point in time.
So…….. for invoking our rights, ALPA International is threatening us with trusteeship? It’s good to see ALPA is finally getting tough! But it’s too bad the only ones they get tough with are their membership.
Remember it was the ALPA Attorneys that crafted the Transition Agreement with no timeline for completion of a Joint Contract. In Addition, they failed to comply with their own Merger policy that calls for the protection of existing flying on each side of the merged Airlines. And now, after all their mistakes, we are the ones being threatened and intimidated, and by our own Association.
During the question and answers with Rice and Prater, there were some statements made to which the membership should be privy.
John Prater stated that we were costing our pilots two million a week by not re-engaging in JNC talks. We asked him who had confirmed that information, AWA MEC Chairman John McIlvenna, or Mr. Doug Parker. When asked if Captain Prater had been negotiating behind our backs, he stated that maybe he had. Parity should be no problem then, coming in around a half million a week.
As for the comment Captain Rice made, “You are free to leave,†this was in references to what he had told Captain Hollerbach last month while he was participating in Rice Committee activities. Captain Rice later backtracked and tried to explain there was a difference between asking someone to leave and telling them they were free to leave. That was rich.
As for the declaration made by ALPA International President John Prater, “Seniority is not the foundation of our association, Unity is.†Note: It is likely Captain Behncke would disagree if he were still with us. And tell us John, just how do you develop unity without a seniority system? Should we use the merit system?
No answers to the “seniority problem†were provided by either man other than to re-engage the JNC talks. We have given ALPA International every opportunity to step forward and provide leadership. But instead of leading us toward a solution to the “seniority problem,†they are now attempting to threaten and intimidate us into submission.
Re-entry into the JNC process gives tacit approval to implement the Nicolau Award. It is also a capitulation on our stand for pay parity before any further negotiations. And most of all, it would clear the way for ALPA’s most trusted ones to pull a contract out, that may not be in our best interest, just in time for Christmas.
We continue to stand ready to find solutions for our mutual problems, but Parity and Retro Pay first, no B.S.!
Leading by Poll and Leading Polls
ALPA/Rice Committee continues to poll our pilots in an attempt to support their own desired direction for us. The fourth in a series of polls over the past couple of months was completed last week. They will use the results as their authority to defend their future actions.
We have requested the questions and results from the first two polls, but have yet to receive either. We may have to pass a resolution to not hold our collective breaths.
They will soon claim to be the authority on what exactly it is that you want. And if you disagree, they will state they are acting in the best interest of the majority, and have quantified data to back it up.
PIT Base Closure
The Transition Agreement states that while operating under the period of separate operations if US Airways intends to open or close a domicile, management will meet and confer with ALPA and share the analysis they used to make the decision. If the analysis establishes that there is a cost savings generated by the closing, management may close the base.
Of course, this procedure was not followed by management. A dispute has been filed. Some things never change.