Fellow pilot,
As your USAPA volunteers sat down to craft the USAPA Constitution, it was always envisioned that it would be posted for comment and revision as the pilots offered their opinions and ideas. Having just posted the Constitution, along with the first in our series "How The USAPA Constitution Is Better," we could not be more thrilled with the considered input the pilots have offered.
As a direct result of that input, we have added a paragraph to Article IV, Section 3, that quite firmly puts the pilots in control of the voting and decision process. We have included that paragraph below, in context and emphasized, so that you can fully understand the positive effect this single paragraph has on the Roll Call vote.
We find this to be the very best example of USAPA in action - you talked, we listened, and most importantly, we acted. "At USAPA, the pilots decide. Take control of your future."
Thank you for your continuing support.
Follows is the revised language. We anticipate posting an updated PDF version of the Constitution shortly.
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Understanding the USAPA Constitution
"The How's and Why's of Better Representation"
Part One - Representation and Roll Call (rev 1)
This is the first in a multi-part series on the USAPA Constitution. In this issue we focus on representational structure and the Roll Call. Before we go any further, it is important for pilots to know that Roll Call as the pilots know it does not exist in the USAPA Constitution.
Many volunteers have spent, so far, literally thousands of hours of their personal time to build a new union for you and your fellow pilots; one that will finally put the pilots back in control of their own futures. As USAPA moved closer to bringing a representational election to the US Airways pilot group, there was heated debate among the officers and volunteers as to what kind of representational structure to propose in the Constitution and By-Laws (CBL). This debate surrounded the failures of representation of our current bargaining agent and the desire to bring something better to the new union and the pilots. Some of the new ideas debated included block representation, seniority block representation, block voting and elimination of the Roll Call vote, amongst others. Nothing was excluded from consideration.
Regretfully, demographics showed that there was likelihood that such a system could give the appearance of favoring the East and, as such a system is untried, our legal team felt it was very likely that we would face legal challenges. Radical changes in representational structure by USAPA would open doors to those who might file Duty of Fair Representation (DFR) lawsuits claiming that the new representational structure unfairly disadvantaged certain members. After much consideration, the USAPA leadership team adopted the proposed CBL in an effort to minimize potential lawsuits and also to provide the representation that the pilots need and desire. With enough on our plate as it is, the very difficult decision was made to use a more “tried and true†system, smoothing off the rough edges as well as we could. The choice was to fall back to a system paralleling that of the APA, tested and proven over a 40 year period, or use an untried system that could imperil the very existence of USAPA. We would have been remiss to choose otherwise.
So, this decision having been made, we were now decided on a representational system. At this point a discussion is in order with regards to the three types of votes that can be cast by a representative body:
1. Voice Vote: the classic, “Aye†or “Nayâ€. There is no record of the tally and the Chair calls the outcome. The idea is, one representative, one vote, the majority (of the representatives present), wins. This is the most common type of vote and arguably, not really democratic, since a representative of say 50 pilots, has the same leverage as one who represents the will of 1,000 Line Pilots.
2. Division: A tally of the outcome is recorded. The outcome; for example, “the motion carries, 8-Ayes and 6-Nays.†- becomes a part of the permanent record. There is an argument that a list (by name) of which representatives voted, and which way, should be permanently recorded.
Still, one notices that there is no proportional representation here. In other words, if the representatives of two or three small crew bases form a coalition, their collective votes, which still represent a minority of the pilots they represent, can override the expressed will of the single, 1,000 pilot crew base.
3. Roll Call: in this style of vote, a representative, whose pilot constituency is large, calls upon the Chairman to tally the number of pilots, represented by each of the members voting.
In effect, each pilot-representative speaks for the number of pilots in his crew base. When the pilot representing 1,000 pilots votes, he votes with the voices of his 1,000 Line Pilots. When the pilot representing 110 pilots votes, he votes with the voices of his 110 Line Pilots.
The Roll Call vote was designed to bring in the elements of the House of Representatives by allowing a population vote. Using a real-world example - without any ability to Roll Call vote on an issue, small bases (such as BOS with 141 pilots, LGA with 103 pilots and DCA with 279 pilots) would be able to control the agenda and the votes of the two other largest bases, CLT and PHL. In a straight senatorial vote, the 523 pilots from BOS, LGA, and DCA combined could control the MEC (known as the BPR or Board of Pilot Representatives, under USAPA) while the 2,277 pilots from PHL and CLT are out-voted. In this example a system such as this would not survive a court challenge. A Duty of Fair Representation (DFR) lawsuit would almost certainly prevail in a situation where it could be proven that 523 pilots could outvote a number over 4 times as large. This is not the definition of democracy.
To recap, having decided upon a more traditional representational structure, one can see that it must include the Roll Call vote. How then to mitigate the negative effects of the Roll Call? We fell back on the one principle that goes to the heart of USAPA, “Let The Pilots Decide.†Quite simply, in the event Roll Call is used, the issue goes to the pilots for ratification. Thus, in the end it is the pilots who decide.
Below follows the relevant text from the Constitution (comments and emphasis added):
Article IV Pilot Board of Representatives, section 3, paragraph (B) as follows:
Roll call voting (division of the house) shall be permitted only for votes taken to approve or reject basic collective bargaining agreements and interim amendments thereto; setting parameters for collective bargaining; agreements on affiliation or merger with another labor organization; agreements arising from a merger of, or successor transactions involving, the employer or its parent (including seniority integration agreements); and amendments to the Constitution and Bylaws. On a roll call vote, each member of the Board shall be entitled to vote fifty percent (50%) of the active members in good standing at his domicile provided that;
1. The representative from a domicile having one hundred (100) or less members shall be entitled to one (1) vote for each active member in good standing at his domicile, and
2. For domiciles having one thousand (1000) or more members, each representative shall be entitled to vote one third (1/3) of the active members in good standing at the domicile.
Fractional votes will be counted. In the event that a senatorial vote is over-ridden by a roll call vote so as to prevent the membership from voting on any matter that would otherwise be subject to a ratification vote under the provisions of this Constitution and Bylaws, the matter shall be submitted to the pilot group for a membership vote. The result of such vote shall determine the final disposition of the matter.
As you can see above, please note that USAPA limits the use of the Roll Call vote to the following:
(1) Approve or reject a basic working agreement. This is backed up by pilot ratification
(2) Interim agreements thereto; e.g., Side Letters. This is backed up by pilot ratification
(3) Bargaining parameters and goals
(4) Agreements on affiliation or merger with another labor organization. This is backed up by pilot ratification.
(5) Agreements arising from a merger or successor transactions involving, the employer or its parent, (including seniority integration agreements) This is backed up by pilot ratification
(6) Amendments to the constitution and bylaws. This is backed up by pilot ratification.
Note that of the only 6 conditions in which Roll Call voting is allowed, 5 are backed up by pilot ratification. Pilot ratification is the circuit breaker to this issue and it follows almost all Roll Call votes. The only situation in which Roll Call can be used and not backed up by pilot ratification is the setting of bargaining parameters. The reason for this is due to the nature of debate during the setting of bargaining parameters; were Roll Call to be used it could paralyze the process due to multiple ratifications, possible even in a single day.
Finally, anytime a roll call vote over-rides a senatorial vote, the issue is sent to the pilots for ratification.
So, as you can now see, Roll Call as the pilots know it does not exist in the USAPA Constitution, just one of the many advantages of the USAPA Constitution over that of the current Collective Bargaining Agent.
Once elected and with participation from all pilots this system can be altered if the pilots so desire into a seniority block representation system or other type of representation system that doesn’t involve the Roll Call vote, again the beauty of USAPA’s Constitution, wherein the pilots decide.
For a legal opinion on this subject, click here to read USAPA attorney Scott Peterson’s comments.
Watch for our next article in this series. Upcoming issues will discuss:
Election of Officers by the membership
Recall of Officers by the membership
Compensation of Officers
Limitation of expenses
Requirement for professional negotiator
Constraints on negotiations, including notification and authorization
Guaranteed pilot ratification
If you have any questions or comments on this or any other subjects, please send an email to Info@USAirlinePilots.org
