APA files for declaratory judgment

[FWAAA]

Here's the press release:

Allied Pilots Association Files Complaint for Declaratory Judgment: "We Are Committed to Using Legal Methods for Mitigating Pilot Furloughs"

Friday August 1, 3:00 pm ET

FORT WORTH, Texas--(BUSINESS WIRE)--The Allied Pilots Association, certified collective bargaining agent for the 12,000 pilots of American Airlines (NYSE: AMR - News), filed a complaint today in district court in Washington, D.C. for approval to advise its pilots of their right to forego voluntary overtime in order to mitigate furloughs.

The carrier’s management announced on July 15 that up to 200 pilot furloughs may commence in October. American Airlines already has 1,970 pilots on furlough.

“We are committed to using legal methods for mitigating pilot furloughs,†said APA President Captain Lloyd Hill. “Accordingly, we are seeking the court’s permission to inform our pilots of their right to forego voluntary overtime flying, which would reduce the need for any additional furloughs.â€

Hill noted that the airline’s most junior pilots who would be subject to furlough were only recalled from furlough within the past several months.

“Being furloughed twice in such a short period of time, especially when it’s so easily avoidable, would be a tremendous hardship for these pilots and their families,†he said.

In APA’s court filing, the union’s attorneys emphasize that advising pilots of their right to forego voluntary overtime is a well-established past practice by APA and part of the status quo as defined by the Railway Labor Act, which governs all airline industry labor negotiations.

Hill pointed out that former AMR Chief Executive Officer Donald Carty, in an August 1998 message to employees relating to a series of flight cancellations, described it as “their own†decision when pilots choose not to fly “open time†flights.

“Even senior management at our airline has previously acknowledged that our pilots have the ability to decide for themselves whether to perform voluntary overtime flying,†Hill said.

According to Hill, APA is also preparing to present airline management with a furlough mitigation counter-proposal at the bargaining table in response to management’s July 15 “furlough mitigation severance proposal.†APA will likely present its counter-proposal to management at a negotiating session scheduled for August 5.

http://biz.yahoo.com/bw/080801/20080801005725.html?.v=1

 

[tfc767]

There is nothing, or no one, to sue. APA has not encouraged any of its members to stay out of open time, nor will they ever. It is a pilot's personal decision, it is their right, and they can never be held liable for that.

As far as counter proposals, I'm glad they're not accepting the Co's silly proposal. For the pilots to accept a raise of the monthly max from 83 to 87 hours - and possibly up to 95 unlimited - will result in HUNDREDS more furloughs. More pilots working hours = less jobs. The threat of 200 furloughs - which I'm betting will not happen - was simply to try and intimidate the pilots into accepting a concession that will result in more job losses. Plus, the Co already knows they will get a bunch of early outs between now and the end of the year. Aug 1 alone saw at least 70 early outs.

tfc767

 

[eolesen]

It's an absolutely cunning move by APA.

Just by filing for declaratory judgement, they've managed to send the message "those who take overtime will have furlougee's blood on their hands" to the membership. And they creatively resurrected Don Carty as their patron saint.

Heck, they don't even have to get a ruling in their favor. The filing did all the work for them, and I don't think you'll ever find a judge willing to consider granting relief to the company over the union filing a motion with the court. Well, maybe in Kalifornia, but since this is pro-labor, that's probably not going to happen even there.

I know it must shock the hell out of those who know my feelings towards the current APA leadership, but this was indeed a brilliant move on their part.

I don't know that it will accomplish much in the long run, but they've certainly covered their arses.

 

[TWU informer]

What?

You mean the Pilot's are not "working" with management, attempting to run the company from the workforce level? Not giving concession on top of concession with nothing in return? Not allowing manpower to be a bargaining chip every down cycle? And actually being proactive defending their membership instead of having a full team of defense players and never making an offensive move?

How do we (Mechanics) get that type of representation?

I bet on top of that the Pilot gets a ballot on his/her National Leadership to boot?

 

[FrequentFlierCA]

What?

You mean the Pilot's are not "working" with management, attempting to run the company from the workforce level? Not giving concession on top of concession with nothing in return? Not allowing manpower to be a bargaining chip every down cycle? And actually being proactive defending their membership instead of having a full team of defense players and never making an offensive move?

How do we (Mechanics) get that type of representation?

I bet on top of that the Pilot gets a ballot on his/her National Leadership to boot?

Yes, the poor suckers at APFA really got screwed when AA offered VBRs with a 15K payout instead of just letting FAs go.

It's always "us vs. them." Granted, sometimes that's the case but not every time.

 

[Skymess]

Yes, the poor suckers at APFA really got screwed when AA offered VBRs with a 15K payout instead of just letting FAs go.

It's always "us vs. them." Granted, sometimes that's the case but not every time.

I'm sure we did get screwed somehow with the VBR's. You never know with the APFA. I'm sure we'll find out later how much letting people take leaves or early retirement will cost us. It's always the back door charges that you have to worry about with that bunch.

Your response to TWU Informer was misdirected, though. He works under the TWU contract.......hence the name. TWU being our other company union.

 

[Winglet]

It's an absolutely cunning move by APA.

Just by filing for declaratory judgment, they've managed to send the message "those who take overtime will have furlougee's blood on their hands" to the membership.

Hmmm. Judging from the amount of open flying getting scooped up, I doubt the company is in the slightest bit concerned.

 

[TonyB]

Here's the press release:



http://biz.yahoo.com/bw/080801/20080801005725.html?.v=1

Goes to show the sorry state of unionism in this country.
Its a shame we don't have real unionism. Having to ask for permission from a judge because you're afraid to get fined or go to jail. If they fine you or jail your union leaders, then the membership should SHUT THE PLACE DOWN!
HOW PATHETIC! :down:

 

[Mrs. McFly]

It is unclear if APA was hoping to create some hullabaloo over this court filing - I tend to think they were. Since overtime flying is strictly voluntary, then why should it matter one way or another if a pilot opts to go this route or not? It is soley a personal decision, and therefore APA should not be blowing smoke about it, nor encouraging pilots to decline those hours. Perhaps they are covering their bases so they will not have to answer to any accusations of deliberate slowdowns or undermannings if indeed they are caught with their hands in the cookie jar.

Nobody wants to face furloughs, but unfortunately this is a reality of the industry right now. If APA can work something out like APFA, so be it. Otherwise, I can't see how this court action is going to prevent the inevitable, especially with the downsizing of fleet and capacity.

 

[L1011Ret]

It is unclear if APA was hoping to create some hullabaloo over this court filing - I tend to think they were. Since overtime flying is strictly voluntary, then why should it matter one way or another if a pilot opts to go this route or not? It is soley a personal decision, and therefore APA should not be blowing smoke about it, nor encouraging pilots to decline those hours. Perhaps they are covering their bases so they will not have to answer to any accusations of deliberate slowdowns or undermannings if indeed they are caught with their hands in the cookie jar.

Nobody wants to face furloughs, but unfortunately this is a reality of the industry right now. If APA can work something out like APFA, so be it. Otherwise, I can't see how this court action is going to prevent the inevitable, especially with the downsizing of fleet and capacity.

Most likely they want to avoid what happened when they got a large fine owed to AA when the pilots pulled a slowdown in the late 90s. APA had to pay off AA over time until AA forgave the note and let them off the hook.

 

[frontline]

So according to the local papers (Star Telegram and Morning News) the pilots want to fly LESS hours month and "spread the pain around." What a crock. Why should senior pilots (or any senior employee for that matter) subsidize the salary of junior ones. I'm very sorry if there are furloughs, but this is not the Soviet Union. I am in this for my benefit. Nobody at TWU better ask me to work less so that some year five can keep his job. I put my time in, thank you very much! And now I can enjoy the benefits of seniority.

 

[Skymess]

So according to the local papers (Star Telegram and Morning News) the pilots want to fly LESS hours month and "spread the pain around." What a crock. Why should senior pilots (or any senior employee for that matter) subsidize the salary of junior ones. I'm very sorry if there are furloughs, but this is not the Soviet Union. I am in this for my benefit. Nobody at TWU better ask me to work less so that some year five can keep his job. I put my time in, thank you very much! And now I can enjoy the benefits of seniority.

The point of a job action is not to suffer long term pain. It is to suffer short term pain for long term benefits/results.

I'm neither for or against it, btw, I'm just making an observation.

 

[Chuck Schalk]

Once layoffs are a reality then overtime and working extra hours seem to be in direct conflict with the rational of laying people off in the first place. It appears to me that if we work the overtime and extra hours we are only contributing to the need to reduce heads and smacking our members in the face who are given notice. The point that overtime and extra hours is a personal choice is exactly that, not a group decision.

 

[Ken MacTiernan]

Once layoffs are a reality then overtime and working extra hours seem to be in direct conflict with the rational of laying people off in the first place. It appears to me that if we work the overtime and extra hours we are only contributing to the need to reduce heads and smacking our members in the face who are given notice. The point that overtime and extra hours is a personal choice is exactly that, not a group decision.

Chuck,

Working OT while our fellow AMTs and friends are laid-off is wrong. However, I believe that it is not only a personal choice but a easily answered question when given the opportunity to work OT when people are on the street.

Don't work OT when coworkers are laid-off.

Selfish people will grab at the opportunity for a quick buck but in the long run they only insult their laid-off coworkers and harm their own profession.

If an aircraft breaks on the gate it should be worked by AMTs on shift. If it is not repaired within a certain shift then give a turn over.

It's called SOLIDARITY!

 

[Flyboy4u]

So according to the local papers (Star Telegram and Morning News) the pilots want to fly LESS hours month and "spread the pain around." What a crock. Why should senior pilots (or any senior employee for that matter) subsidize the salary of junior ones. I'm very sorry if there are furloughs, but this is not the Soviet Union. I am in this for my benefit. Nobody at TWU better ask me to work less so that some year five can keep his job. I put my time in, thank you very much! And now I can enjoy the benefits of seniority.

Where you ever furloughed? Have you ever been thrown on the street with nothing while your family leaves you behind to find food and a roof over their head? Wait, I hear a standing ovation amoungst your fellow co-workers for you putting in your "TIME". THese are human beings with lives trying to make ends meet while your selfish greed stands in their way..If the job isn't what you want it to be perhaps you should leave, and find one where you are getting paid what you "think" your deserve. I applaud the pilots for looking out for each other, and seeing their fellow co-workers can make ends meet when times are tough. I only wish I could say that about the other unionized work groups at AA.