AWA MEC Committee News – August 13, 2007
Topics:
1. Communications Committee: MEC Meeting
2. Communications Committee: Merger Assessment Billing Error
3. Merger Fund Management Committee: Conversation on the Seniority Award
1. Communications Committee: MEC Meeting
As a reminder, the MEC will convene tomorrow through Friday of this week. Tomorrow (Tuesday, August 14), the meeting will begin at 9:30 a.m. at the MEC office in PHX. Each subsequent day will begin at 9:00 a.m. The agenda was distributed previously and can also be located on the AWA MEC website. All members in good standing are welcome to attend the open portions of the meeting.
-Tania Bziukiewicz, Communications Committee Chairman
2. Communications Committee: Merger Assessment Billing Error
Last month, billing began for the new MEC Merger Assessment of $75/month for four consecutive months. Since we do not have assessment check-off available in our contract, the assessment bills are mailed directly to our pilots. Due to an error in generating last month’s bills, only a small fraction of our pilots were actually billed the first $75 installment in July. The error has been corrected, but as a consequence, most of our pilots will receive a bill in August for $150. This reflects $75 for July and $75 for August. Those pilots who were not billed in July, or who were billed in July but failed to remit a payment, will find a letter accompanying their August bill that will remind them that their accounts are in danger of becoming delinquent. If you did not receive a July bill, please disregard this letter.
If you are one of these affected pilots and choose to send in the full $150 in August, you will not receive another one of these letters. If you choose to only send $75, as this is the first installment for which you have been billed, you will continue to receive this reminder letter until the full $300 Merger Expense Fund assessment is received. Please contact me at the MEC office with any questions.
-Peter Blandino, MEC Secretary-Treasurer
3. Merger Fund Management Committee: Conversation on the Seniority Award
[Editor’s Note: The following represents an unofficial, personal conversation between Captain Marc Miller, chairman of the MEC Merger Fund Management Committee, acting in his capacity as an America West line pilot and Captain Paul Rice, ALPA’s First Vice-President.]
Ever since the seniority ruling was issued by Arbitrator George Nicolau, in the case of America West Pilots (AWA - “Westâ€) versus USAirways Pilots (AAA - “Eastâ€), the finality of that May 3rd award has been the subject of contentious arguments. The unexpected part of those arguments (I’ll omit the expected parts since you already know them) are principally two-fold: First the response of the East which I characterize as insulting, vicious, and ignorant. While we may forgive anyone for being ignorant, the remainder of their behavior is reprehensible. The second unexpected argument has emanated from the National level of the Air Line Pilots Association (“National†or simply “ALPAâ€). National has directly caused a three-month delay in the presentation, or at the very least recognition, of the Nicolau award. By doing so, they have used up all the available metaphors for “fanning the flames†of the East.
Having become disenchanted with this revolting turn of events, I determined to use the bully pulpit which comes with my volunteer position, and make my concerns, and hopefully some of yours, known to National. To this end I placed a call to National asking to speak with any Officer. Later in the afternoon of Thursday, July 26th ALPA Fist Vice President and head of the special committee assigned to the Nicolau award, Capt. Paul Rice, returned my call. I delayed my departure to the local batting cage to take the call, considering it of some importance (more on the batting cage later). What followed was mostly a 30-minute lecture from myself to Capt. Rice. While my statements were given with both determination and respect, Capt. Rice listened carefully and responded conscientiously and cautiously. Although I cannot quote either of us verbatim, since the conversation was not recorded nor did I take notes, I would like to give you the gist of what I said and Capt. Rice’s responses, as much as I can remember.
I began be explaining to Capt. Rice that I had read the seven-page tome issued by the ALPA Executive Council (EC) following the meetings of July 17-20. In fact I read it three times to try to cut through the repetitive boiler-plate which had not altered its message of “consensual approaches to come to solutions to the complicated issues involvedâ€. My first comment was basically what committee of lawyers wrote that gobble-de-gook of obfuscation? He objected that the EC had authored it, of which he himself was a member and that all the words were carefully chosen for their effect. I suggested that next time they should issue a statement of precise clarity. Then I mentioned that the ¼ page of any significance contained the astonishing rejection of the membership’s right to ask a question of National. To whit, my paraphrasing: The West asks that the award be presented to management and the East asks that the award be overturned. National responds that we have all asked the wrong question! We should have asked if ALPA followed the Merger Policy set forth in their own manual. They aver that they did since no evidence of fraud was presented to impugn the validity of the procedure.
I stated to Capt. Rice two objections: First, why on earth would any membership organization refuse to answer the question presented to them by their members? For the political purpose of delay which clearly favors the East who thus have continued hope that the award might yet be thrown out or that the resolve of the West may yet crack? His response was that National did not say that, and he should know since he helped write it. I respectfully suggested he re-read what they had written (so can you!). Second, I found it disingenuous to state that the process had been correctly followed by National. It is their duty to present, support, and defend the award, if they found no objection to the process of arbitration. Since the one clear statement, “no evidence of fraud…†etc. set aside procedural objections, National should have, immediately upon such determination if not sooner, presented the award. He objected that there was no timeline to do so. I replied that such argument was specious since that did not infer authorization for unnecessary delay. Such delay in fact only served the purposes of the East and perhaps nefarious purposes of ALPA. He then asked me a question:
Was I aware of the historical relationship in past mergers as to when seniority awards were presented? I admitted that I was not. He explained that such awards have most often been presented to the management with a ratified collective bargaining agreement (CBA). I responded that such rationale for delay in the presentation of the award, for purposes of bargaining or whatever, was the product of faulty logic in this case! By vacillating on a decision for three months, National has influenced the East MEC to continue to pursue unseemly lawsuits against fellow members of the ALPA universe and other actions designed to prevent a CBA from ever becoming a reality. The waters have become so poisoned that ALPA’s own objective of obtaining a CBA has been seriously impaired. Indeed the East must agree with this interpretation of National’s “non-decision†as evidenced by their newly stated determination (in resolutions and coda-phone messages) to never allow a CBA under the seniority results of the Nicolau award.
Capt. Rice tried to reassure me by way of an answer that he and ALPA represented to the best of their ability the interests of all ALPA pilots. {Now in the present I am thinking, unfairly perhaps, that this truly is the best of their ability!} I countered that the best way to represent the interests of all pilots would be to rigorously follow the stated merger policy. By not doing so, National has sacrificed the trust of the entire airline pilot community. In no future merger could we be sure that the enormous time and expense of arbitration would not be wasted by National’s inability to do the right thing.
He fell back on the assertion that the issues were far more complicated and could not be addressed in a non-consensual manner. Although that brought to mind my unstated thought, “What is not understood about the term Binding Arbitration?â€, I suggested that the solution was to be like Lincoln , free the slaves, and let the chips fall where they may.
Capt. Rice then reached the defining moment of our debate by bringing up the fear of de-certification of ALPA on the property, that the National Mediation Board (NMB) would likely drag us all into such an election together, and the loss of ALPA would not be to our benefit, either together or apart.
I then reminded Capt. Rice that if myself and my committee had even once, in ten years of managing the Merger Fund, decided to not rigorously follow and enforce the Policies of the Merger Fund, I would have at the very least been run out of town on a rail, if not actually prosecuted for malfeasance. He objected that the EC had followed the merger policy. So due to the obvious disagreement between us, I let that pass.
However I responded to his de-certification fear by offering this option: by doing the right thing, which would be to clearly state that National would not overthrow the award and would instead support and defend it as they are bound by policy and agreement to do, it would have these effects: The East would lose encouragement and hope that they could succeed eventually in their infantile quest to breach the award, no more gasoline would be added to the East’s fire by National, and a unified effort to achieve a CBA could then begin.
And even if a de-certification move proceeded to a vote, National’s support and defense of the award, even if not immediately presented, would serve to rebuild a measure of trust that ALPA has let slip away. Indeed, virtually all of the West would then likely vote against de-certification of ALPA, since National finally did the right thing. Then, if only a quarter of the East would regain their sensibilities - which I am sure they might with the realization that hope was now lost and the “Date-of-Hire†mantra of the AAA MEC should no longer hold hostage the extreme pay and work rules benefits which would accrue to the East pilots in a CBA - a de-certification effort would likely fail. But by maintaining their present course, the EC was certainly guaranteeing that a CBA would never occur, was making de-certification of ALPA at USAirways a distinct possibility, and was risking tearing apart the entire ALPA organization.
After a pregnant pause, without comment on my proposal, Capt. Rice said he appreciated my comments and would consider them carefully. I suggested that he do so expeditiously, maybe meeting more often than once a month with the EC, perhaps conversing with them every couple of days. He said they talk often. I said that’s good because they were, I felt, running out of time.
With that we said our goodbyes without any obvious rancor. The conversation had truly gone as far as could be expected. I met my objective of putting in my two cents which I have now relayed to you-all (y’all) as well. Whether you agree or disagree with my arguments, I hope they have shed some light, or at least been entertaining.
After hanging up, I proceeded to the batting cage for the first time in at least a year, in the sultry heat of an Arizona monsoon afternoon, with the following results: I took 90 pitches (6 sets of 15) in the 80-85 mph hardball cage. I estimate whiffing completely on the first 8 pitches while regaining my old timing, then with increasing success, fouling off or slamming out line drives for most of the remainder of the pitches, with a little bunting practice thrown in for good measure. I the end, I was sure sore, but I had forgotten completely about my soreness with ALPA, for at least one wonderful hour.
-Marc Miller, Merger Fund Management Committee Chairman
USA320Pilot comments: I believe Captain Marc Miller's comments provide even more reason for East pilots to submit a representational election card to USAPA. If you do not have a card you can obtain one by clicking onto the link below:
Click
here to obtain a card.
I recently spoke with a USAPA Officer for about 6 hours on this subject. The group is being advised by the law firm that kicked ALPA off of the property at American, they are well organized, and they know what they're doing. They are not "half cocked" crazy people and they have a well thought out plan.
Here is the bottom line. If the East pilots have a card vote and the NMB Inspector informs the NMB General Counsel that a representational dispute exits then ALPA will have a credible threat and the US Airways pilots will have an option. I believe this threat will move the process forward, provide a realistic solution to the Nicolau Award, allow us to obtain a new contract, and actually keep ALPA on the property.
Regards,
USA320Pilot