US Airways PHL Council 41 Update - August 26, 2007
Another Meaningless ALPA Policy?
Dear Philadelphia Pilots,
The following issue is about unearned synergies US Airways Management is taking without any resistance from our National Association or the AWA MEC. In Fact, we have been receiving internal resistance in our efforts to enforce the Separate Operations language in the Transition Agreement since the spring of 2006.
The Transition Agreement provided the company with Scope relief in exchange for certain protections and assurances stipulated in the Agreement. The Agreement spells out the planed process to integrate the Airlines. That process called for the accomplishment of three integral parts before the company would be allowed to merge the operations. Those three parts are 1) a Merged Pilot Seniority List, 2) a Joint Contract, and 3) a Single FAA Operating Certificate. None of the three could be used absent the other two without agreement of the parties (II. Period of Separate Operations).
The reason this is so important is that it is designed to prohibit management from whip-sawing the two pilot groups against each other by moving flying on either side of the merging Airlines. It also provided an incentive (synergies) for the Company and leverage (contract) for the Pilots in completing the Merger.
This is of such extreme importance that even our National Association recognized the importance of separate operations during any merger in that they wrote language into their Merger Policy. The following is out of Section 45 of the Administration Manual:
Part 1. MERGER POLICY AND PROCEDURES
D. ACTIONS TAKEN UPON DETERMINATION OF MERGER
4 The President shall take reasonable measures to provide that the flight operations, equipment, and existing flying of each company party to a merger shall remain separated until such time as the pilot seniority lists and the employment agreements are merged, or until the MECs of the affected pilot groups mutually agree otherwise. Any dispute shall be decided by the Executive Council. (AMENDED - Executive Board May 1998)
The following Resolution was passed unanimously by your MEC on May 2, 2007 in CLT at a Special MEC Meeting prior to the release of the Nicolau Award.
Source: Council 41
WHEREAS the Transition Agreement dated 09-23-05 covers the agreed to requirements for the merger/integration of US Airways and America West Pilot groups, and
WHEREAS this agreement specifies in Roman Numeral II a Period of Separate Operations, and
WHEREAS this Period of Separate Operations remains in effect until there is an Operational Pilot Integration as provided in Section VI. A. of the Transition Agreement, and
WHEREAS the actual operations of America West and US Airways under a single FAA Operating Certificate would, in and of itself, violate the Period of Separate Operations, and
WHEREAS this single operations under one FAA Operations certificate would not be feasible nor plausible absent the merger of America West and US Airways (in other words, the two airlines would not be operating under one Certificate absent the merger), and
WHEREAS the Company has not yet complied with the Transition Agreement Section VI “Operational Pilot Integration,†and
WHEREAS the Separate Operations language in Section II of the Transition Agreement remains in effect and is controlling until “Operational Pilot Integration.†, and
WHEREAS the Company’s failure to complete the Operational Pilot Integration prohibits the separate carriers of AWA and US Airways from operating under a single FAA certificate.
THEREFORE BE IT FURTHER RESOLVED that a Section X dispute be filed immediately on behalf of the AAA Pilots, and
THEREFORE BE IT FINALLY RESOLVED that every available ALPA National resource be exhausted in prohibiting the utilization of a single operating certificate until a negotiated single agreement has been ratified.
The following Resolution was passed by your MEC on August 1, 2007:
AI 07-81 - Transition Agreement Dispute
Source: Council 135 (LGA)
WHEREAS there is a provision in the Transition Agreement to settle disputes between US Airways Management and the Association, and
WHEREAS the AAA MEC has passed a resolution seeking to stop the
implementation of a single operation FAA certificate, and
WHEREAS dispute resolution language on this matter has been drafted by the Representation department of ALPA National, and
WHEREAS the AWA MEC has not recognized that a dispute exists between the Association and the Corporation, and refuses to address the dispute resolution language drafted by ALPA national,
WHEREAS the AWA MEC’s refusal to recognize that a dispute exists between the Association and the corporation causes and constitutes a dispute between the two ALPA parties (AAA and AWA), and
WHEREAS the Executive Council of ALPA National is the governing body tasked with settling disputes between the two ALPA parties should one arise during the life of the Transition Agreement, and
WHEREAS the AAA MEC is seeking resolution of the dispute between the two ALPA parties,
THEREFORE BE IT RESOLVED that the AAA MEC requests that the Executive Council rule on the dispute between the two ALPA parties in the matter of the filing of a dispute against the Corporation to maintain separate operations as stipulated in the Transition Agreement, and
BE IT FURTHER RESOLVED that upon resolution of the dispute between the two ALPA parties, if resolved as sought by the US Airways MEC, the Association will file the dispute resolution language drafted by the ALPA National Representation Department seeking to ensure that separate operations be maintained between the two ALPA parties, and
BE IT FINALLY RESOLVED that separate operations be maintained between the two parties as prescribed in the Transition Agreement.
Motion Passes Unanimously
ALPA National has failed to act on either of the two proceeding resolutions.
The Company has once again announced that they intend to secure and operate under a Single Certificate effective September 25, 2007 . Your PHL Reps believe this to be a violation of the Transition Agreement – a lawfully binding agreement entered into by ALPA and the company. We will be joining other Council Reps in calling for a Special MEC Conference Call Meeting on Tuesday to address this situation. Consideration will be given to retaining outside legal counsel in order to preserve our rights and enforce our agreement. Standby……..
Follow the three prong approach, Fly safe, Family First, and SAP down for quality of life.
Fraternally,
Eric Rowe - Chairman
Dave Ciabattoni - Vice Chairman
Jim Portale - Secretary/Treasurer
