ALPA’s Constitution and By-Laws were the vehicles used by the executive council’s latest attack to muscle their way into PHL by declaring “Trusteeshipâ€, thereby forcing the replacement of the three elected representatives. The response from the PHL based ALPA membership was an overwhelming display of support for the work done by these three elected representatives and the largest anti-ALPA showing since the representational status of ALPA was first challenged earlier this year. The very survival of ALPA at US Airways is hinged in this conflict. The election begins March 20, 2008.
Amid numerous accusations of ALPA’s official misconduct are some eye opening examples ranging in severity from intentional violation of the Federal Anti-Spamming laws to willful and intentional election manipulation at US Airways MEC. It seems the ALPA executive council has been unwilling to let the established democratic process
guide the progress at US Airways. ALPA has been actively impeding the implementation of numerous approved resolutions and went as far as to impose a 3-man negotiating team to replace the otherwise authority of the elected representatives from all US Airways bases. The 3-man negotiating team has subsequently failed.
On March 3, 2008, the executive council met to implement administrative action referred to as Art XIX Sec 1D of the ALPA Constitution and By Laws. The result is that ALPA has charged the 3 PHL elected representative with failure to pledge allegiance to ALPA. On March 2, 2008, ALPA President John Prater received correspondence stating the charge was false and that the 3 elected representatives have done nothing to suggest or imply that they don’t support ALPA. The result of the executive board’s actions today are expected to have serious consequences for ALPA as they desperately try to retain their representational status at US Airways. The NMB has ruled that a dispute exists and has ordered an election to begin March 20, 2008.
Reaction to the executive board’s action was powerful. The web boards flooded with letters of discontent for ALPA’s actions and volumes of emails were received pledging support for the 3 elected representations.
It was noted that this is a particularly curious time for the executive council to refer to the ALPA Constitution and By-Laws for support of their current activity. Much of the discontent with ALPA at US Airways stems from the executive council’s long history of disregarding their own Constitution and By-Laws. Examples include failure to obtain membership ratification during loss of the pilot pension plan, failure to obtain membership ratification for an agreement that significantly impacted the pay and working conditions of active US Airways pilots who flew the E-170 fleet type, and failure to disallow a windfall for the America West pilots at seniority arbitration.
Perhaps the most insurmountable obstacle to ever stand in the way of ALPA’s ability to provide leadership is the result of the ALPA sponsored arbitration known as the “Nicolau Awardâ€. This arbitration effectively destroyed up to twenty years of seniority for the pilots at US Airways and allowed for America West pilots who were still within their probationary first year to be suddenly more senior than a twenty year US Airways pilot. Among the many issues of this controversy is that this Award violated ALPA’s own policy against any one side receiving a ‘windfall’ at the expense of the other side.
ALPA defends their position by stating they can not define a Windfall and have stated that a windfall is in the eye of the beholder. The ALPA membership is not buying it. This comes at a time when all other labor unions at US Airways (flight attendants, dispatchers, mechanics, etc) have successfully achieved a Date-of-Hire seniority agreement. ALPA is the only one who failed to achieve Date-of-Hire.
Complicating the situation for ALPA is the popularity of the rival representational agency known as USAPA. USAPA has a published Constitution and By-Laws that puts respect back into the hearts and minds of the pilots at US Airways. USAPA scholars have studied the woes and failures of ALPA and have crystallized a solution that appears very popular with most of the pilot membership. They present themselves as Pilot Advocates and have a proposed solution available for all the major problems currently hammering ALPA which includes the Nicolau Award.
ALPA has opposed USAPA’s plan as unobtainable and has tried desperately to discredit the organization by making incredulous slandering remarks against the credibility of USAPA and its legal team. USAPA reacts to such accusations with calm and presents fact filled documentation supporting their claims. The USAPA legal team is considered one of the best in the world by most. This legal team was also involved in the highly successful break away from ALPA by the American Airlines pilots. American now enjoys the peace and security of an in-house union. Similarly, the pilots of Southwest Airlines are happily represented by their in-house union. USAPA hopes to secure the same for the pilots of US Airways.
A snap-shot in time, taken today, would show an incredibly horrific picture of labor relations at US Airways. These US Airways (East) pilots have lost their defined benefit pension plan and have the worst contract of any major airline. The working conditions are so fatiguing that it is the subject of a California study currently in progress. The potential to lose 20 years of seniority exists. All of this (and much more) was done under the direct watch of ALPA.
US Airways does have the potential to be one of the best airlines in the world. The route structure is phenomenal and the experience level of the pilot group is second to none. The concept of ‘take care of your people and they will take care of you’ has not yet reached the working model. The priority has not been there because the balance is very one sided. When you have union leadership doing business dealings with company management it is hard to have the required balance.
The balanced equation includes management doing what they need to do and the labor union doing what it needs to do to assure competitive rates and conditions. This situation does not currently exist under ALPA’s representation at US Airways. It is perhaps too late for ALPA to make the required changes so the pilots look toward a new horizon; USAPA.
The leadership within USAPA has declared a pledge of allegiance to the pilots and remains focused on avoiding any similarity with ALPA. Their educational focus has remained firmly implanted in the facts that ALPA often tries to conceal such as the ALPA executive council’s enormous salary and bonus combo exceeding $450,000 per year per council member plus a secure pension!
So how will US Airways pilots survive without all this overhead to support? The exact same way as American Airlines pilots and Southwest Airlines pilots currently survive: happy, well paid, and well represented on all levels.
So, what’s the next move for ALPA? Many believe they will fill the vacancies now created by their strong arm tactics and use those replacements to re-elect MEC officers who would have otherwise been voted out of office. Complaints are being prepared for the Dept of Labor requesting investigation into violations of the Landrum-Griffin Act. The problems just seem to get worse and worse for ALPA.
Representatives from other airlines (both ALPA and non-ALPA carriers) have expressed great interest in what is happening at US Airways. The world has changed considerable and yet it’s nothing more than business as usual for ALPA. One can’t help wondering how they survived this long and who will be next on the list of carriers pushing away from ALPA and it’s long list of failures.
But a new day is dawning at US Airways and, like a breath of fresh air; USAPA is prepared to lead the way into the future. Their first order of business is the permanent shelving of the Nicolau Award; something ALPA leadership has stated that ALPA can’t do because they were a party to the binding arbitration. Many have stated only a new representational agency at US Airways can successfully cure the ills of a failed ALPA and bring forth the hope for a prosperous future. The election starts March 20th