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July 20, 2007
Special MEC Update
Today the ALPA Executive Council issued a resolution regarding the US Airways pilots’ request that ALPA overturn the Nicolau award. Without saying so directly, the resolution rejects that request. More specifically, the Executive Council resolution makes it clear that ALPA’s only responsibility - and its only authority - is to provide a fair process for the resolution of seniority issues following the merger of two airlines. That process, set out in Merger Policy, encompasses negotiation, mediation and ultimately arbitration. In this case, all those steps were made available to both pilots groups. In other words, ALPA provided the process and has fulfilled its obligation under Merger Policy. The Council clearly stated that it is up to the Arbitration Board alone, not ALPA National, to decide the merits of the case. The Executive Council Resolution has made it clear that it may only set aside an award if the procedures of Merger Policy were not followed or if the Award was the product of fraud. Further, the resolution goes on to say that “No evidence has been presented of any impropriety in any aspect of the process which would support finding that ALPA has not provided the exact process that it was obligated to provide, including negotiations, mediation, and arbitration.†Absent such a finding, the resolution states that Merger Policy provides that the award is “final and binding†and that ALPA’s responsibility is to defend the award and ultimately present it to the company and use all reasonable means to cause the company to agree to it. Finally the Executive Council resolution states that “taking other action on this agenda item…is neither called for nor appropriate at this time.â€
In addition to finally laying to rest the issue of overturning the award in the absence of evidence of fraud, the Executive Council acknowledged that both east and west pilots continue to face serious issues with regards to achieving a joint contract that will bring improved pay, work rules and job security to all the pilots of US Airways. This is principally because a joint contract will bring the seniority list to life, and the East pilots seem committed to keep that from happening – even if doing so keeps their pilots from gaining the economic benefits a new combined contract will bring to them. As a result, the Executive Council resolution seeks to bring practical solutions to this dilemma by continuing the work of the Rice Committee in assisting both pilot groups to work together in achieving a joint contract.
In the days and weeks ahead our pilots should look forward to further communications from the National Union on these important issues facing both of our pilot groups. This communication campaign will include roadshows by the National Officers and members of the Rice Committee. Those roadshows will be an excellent opportunity for all of you to directly communicate with the ALPA leadership.
It’s important to remember these points:
The Executive Council will not vacate the Nicolau Award unless impropriety in the merger process can be proven. No such accusation has been made by either party. With this resolution, the only jurisdiction the Council retains is narrowly specific to accusations of impropriety.
Although the Award will stand and be defended by ALPA, it cannot be implemented without a joint agreement.
The primary focus of all America West pilots should now shift from the Award to maximizing financial and other gains for all pilots by achieving a joint contract and avoiding ALPA’s decertification.
Look for further communication from the MEC in the days and weeks to come as we start to further refine and focus our legal and political strategies to ensure the interests of our pilots are fully protected.
In the meantime, please continue to fly safe and secure.
Special MEC Update
Today the ALPA Executive Council issued a resolution regarding the US Airways pilots’ request that ALPA overturn the Nicolau award. Without saying so directly, the resolution rejects that request. More specifically, the Executive Council resolution makes it clear that ALPA’s only responsibility - and its only authority - is to provide a fair process for the resolution of seniority issues following the merger of two airlines. That process, set out in Merger Policy, encompasses negotiation, mediation and ultimately arbitration. In this case, all those steps were made available to both pilots groups. In other words, ALPA provided the process and has fulfilled its obligation under Merger Policy. The Council clearly stated that it is up to the Arbitration Board alone, not ALPA National, to decide the merits of the case. The Executive Council Resolution has made it clear that it may only set aside an award if the procedures of Merger Policy were not followed or if the Award was the product of fraud. Further, the resolution goes on to say that “No evidence has been presented of any impropriety in any aspect of the process which would support finding that ALPA has not provided the exact process that it was obligated to provide, including negotiations, mediation, and arbitration.†Absent such a finding, the resolution states that Merger Policy provides that the award is “final and binding†and that ALPA’s responsibility is to defend the award and ultimately present it to the company and use all reasonable means to cause the company to agree to it. Finally the Executive Council resolution states that “taking other action on this agenda item…is neither called for nor appropriate at this time.â€
In addition to finally laying to rest the issue of overturning the award in the absence of evidence of fraud, the Executive Council acknowledged that both east and west pilots continue to face serious issues with regards to achieving a joint contract that will bring improved pay, work rules and job security to all the pilots of US Airways. This is principally because a joint contract will bring the seniority list to life, and the East pilots seem committed to keep that from happening – even if doing so keeps their pilots from gaining the economic benefits a new combined contract will bring to them. As a result, the Executive Council resolution seeks to bring practical solutions to this dilemma by continuing the work of the Rice Committee in assisting both pilot groups to work together in achieving a joint contract.
In the days and weeks ahead our pilots should look forward to further communications from the National Union on these important issues facing both of our pilot groups. This communication campaign will include roadshows by the National Officers and members of the Rice Committee. Those roadshows will be an excellent opportunity for all of you to directly communicate with the ALPA leadership.
It’s important to remember these points:
The Executive Council will not vacate the Nicolau Award unless impropriety in the merger process can be proven. No such accusation has been made by either party. With this resolution, the only jurisdiction the Council retains is narrowly specific to accusations of impropriety.
Although the Award will stand and be defended by ALPA, it cannot be implemented without a joint agreement.
The primary focus of all America West pilots should now shift from the Award to maximizing financial and other gains for all pilots by achieving a joint contract and avoiding ALPA’s decertification.
Look for further communication from the MEC in the days and weeks to come as we start to further refine and focus our legal and political strategies to ensure the interests of our pilots are fully protected.
In the meantime, please continue to fly safe and secure.
