American Mechanic sues airline

[Koolcat]

The real question? Did he go through the grievance process? If not the court will most diffidently push it back

 

[Deleted member 14439]

Article 4 (d) addresses flexible starting rates. Looks like it gives the company pretty wide latitude to do as it wishes in regards to flex pay.

 

[WeAAsles]

Article 4 (d) addresses flexible starting rates. Looks like it gives the company pretty wide latitude to do as it wishes in regards to flex pay.

Can you post a picture of the language?

 

[Deleted member 14439]

(d) Flexible Starting Rates
(1) In the event that the Company, in its sole discretion, finds that any or all of its starting pay rates (Step 1) as specified in Article 4(b), are noncompetitive with local market starting rates for similarly situated jobs, the Company may hire applicants in any classification at any station/base/location at rates of pay higher (Step 2 through the maximum hourly rate in the applicable pay scale) than those starting rates specified in Article 4(b). As market conditions change, the Company may, in its sole discretion, change its designated starting rate. Such designated starting rate may be higher or lower than previous designated starting rates; however, such starting rate may not be lower than Step 1 nor higher than the maximum hourly rate in the applicable pay scale.
(2) In those stations/base/locations where higher starting rates of pay are designated in accordance with Article 4(d)(1), all employees in that classification(s) at that station/base/location who are receiving less than the new designated starting rate of pay will have their rate of pay concurrently increased to the new designated higher starting rate for that classification(s) in that station/base/location.
(3) An employee who is affected by Article 4(d)(1) or 4(d)(2) above will progress to the next step of his Chart Rate in accordance with his pay chart.
(4) An employee who transfers to or from a station/base/location which has an adjusted starting rate of pay for his classification will have his rate of pay adjusted upward or downward to conform to the rate of pay received by an employee with the same Pay seniority as his, at his new station/base/location. Such adjusted rate may not be less than Step 1 nor higher than the maximum hourly rate in the applicable pay scale.
(5) It is understood and agreed that the effective dates of step increases and other changes in pay rates are determined by the employee's Pay seniority

 

[WeAAsles]

Interesting. For Fleet though I know that we had guys on that flexible rate that were going to top out once they reached year 6. The new scale now says they don't top out till the eleventh year.

In the TWU contract the contractual wage scale they hired in under is 9 years.

The question in my mind is does the Company have a right ultimately (perhaps through agreement with the Union) to modify their pay scale to reflect added years against what was in place when they hired on?

Or ultimately will there be a requirement to Grandfather those members?

 

[Deleted member 14439]

Idk, seems like Article 4 gives them latitude to do as they please. Many of us have been screwed over in some fashion. Man up, deal with it and move on.

 

[WeAAsles]

Idk, seems like Article 4 gives them latitude to do as they please. Many of us have been screwed over in some fashion. Man up, deal with it and move on.

Welcome to the Airline industry. If you don't have a story you never really worked in it did you.

 

[Koolcat]

Interesting. For Fleet though I know that we had guys on that flexible rate that were going to top out once they reached year 6. The new scale now says they don't top out till the eleventh year.

In the TWU contract the contractual wage scale they hired in under is 9 years.

The question in my mind is does the Company have a right ultimately (perhaps through agreement with the Union) to modify their pay scale to reflect added years against what was in place when they hired on?

Or ultimately will there be a requirement to Grandfather those members?

Grandfathering in was applied with the wage agreement

 

[WeAAsles]

Grandfathering in was applied with the wage agreement

Only for those who already hit top out. If you had a week to go, tough patottie for you. Oops.

 

[swamt]

So the flex rates ended Nov. 2016. If this guy is at his 2 year or better mark he very well may have a case. All I have seen so far is as of Nov. 2016 mechanics will be put on the new pay rate scale. Only time will tell though, a long time.

 

[end_of_alpa]

The real question? Did he go through the grievance process? If not the court will most diffidently push it back

The Supreme Court has ruled that there is NO requirement to use the grievance process before a plaintiff can sue in federal court.

 

[end_of_alpa]

(d) Flexible Starting Rates
(1) In the event that the Company, in its sole discretion, finds that any or all of its starting pay rates (Step 1) as specified in Article 4(b), are noncompetitive with local market starting rates for similarly situated jobs, the Company may hire applicants in any classification at any station/base/location at rates of pay higher (Step 2 through the maximum hourly rate in the applicable pay scale) than those starting rates specified in Article 4(b). As market conditions change, the Company may, in its sole discretion, change its designated starting rate. Such designated starting rate may be higher or lower than previous designated starting rates; however, such starting rate may not be lower than Step 1 nor higher than the maximum hourly rate in the applicable pay scale.
(2) In those stations/base/locations where higher starting rates of pay are designated in accordance with Article 4(d)(1), all employees in that classification(s) at that station/base/location who are receiving less than the new designated starting rate of pay will have their rate of pay concurrently increased to the new designated higher starting rate for that classification(s) in that station/base/location.
(3) An employee who is affected by Article 4(d)(1) or 4(d)(2) above will progress to the next step of his Chart Rate in accordance with his pay chart.
(4) An employee who transfers to or from a station/base/location which has an adjusted starting rate of pay for his classification will have his rate of pay adjusted upward or downward to conform to the rate of pay received by an employee with the same Pay seniority as his, at his new station/base/location. Such adjusted rate may not be less than Step 1 nor higher than the maximum hourly rate in the applicable pay scale.
(5) It is understood and agreed that the effective dates of step increases and other changes in pay rates are determined by the employee's Pay seniority

To read the CBA, it looks to ME that when he was hired under designated starting rate he and many others are grandfathered under the rate they hired in at. I think the TWU is trying to pull shenanigans to screw these higher rate guys. Typical union BS. They can change the starting rate for those hired after but not those under the rate they promised. I hope they're suing the union as well. Ill check.

 

[end_of_alpa]

It was filed in Cook County court, but Illinois is a very union friendly place to work so he may not prevail. The principle remains the same, however.