More blather about how ALPA screwed BOTH pilot groups by not insisting on:
1. Pay parity
2. A new unified contract
For all u ALPOIDS out there, these groups ulitimately can blame this entire mess on the former bargaining agent.
It generated a huge load of crap that is still being shoveled out.
I applaud all USAPA volunteers that contribute to the betterment of the pilots' collective profession and despise those who only criticize and never offer help.
The old addage applies here: Lead, follow, or get out of the way.
Some just need to get out of the way because they lack certain skills for the position they hold:
Posted on another forum:
We Just Got Screwed By Parrella
This is the 1st arbitration USAPA has EVER settled. We got nothing for it but Parker's original offer of a 12 month repayment. Parella did this as retribution to the West pilots. USAPA is the most vile and disgusting group of thugs ever to lead a group of airline pilots. USAPA needs to refund the 1.95% dues taken out over this money. They got an interest free loan according to Parrella's logic. Further, this was supposed to be the first West contractual grievance by USAPA. TA-10 was a TA dispute. ACARS should have come first but she wouldn't push it because the if we won the East would be returned to their old method of aircraft movement and lose money.
This is why USAPA cannot be reformed. We have two contracts that compete with each other and the ACARS grievance shows that East interests will always come before our contract on the West.
Grievance 10-04-001 (West Distance Learning)
The Grievance Committee pursued this case through the grievance steps, and given the Company's denial of the grievance, it scheduled the case for hearing on May 17, 2011, before Arbitrator LeRocco.
Unfortunately, in the evaluation by the Grievance Committee and its legal advisors, an arbitrator was highly unlikely to have sustained this grievance. The dispute related to a Letter of Understanding that was negotiated between ALPA and US Airways, Inc. on April 17, 2008. In that LOU, ALPA and US Airways agreed that the pilot would be responsible for completing up to twelve approved credit hours of recurrent home study within a calendar year and that the pilot would "receive pay, no credit at one half the Pilot's applicable hourly rate for every one (1) approved credit hour." Put simply, the Parties agreed that pilots would receive half pay for the first twelve hours they dedicated annually to distance learning and $40.00 per hour for all training thereafter.
In March 2010, the Company discovered that it had been paying a full hourly rate to pilots for the first twelve hours of distance learning, at which point it corrected the situation prospectively and sought to recoup the overpayments from the affected pilots. The America West Contract at Section 4 (P) (5) has specific language that controls in a situation where the Company has made an overpayment:
If a Pilot is overpaid, the Pilot shall select one (1) of the following options:
a) A new check will be written immediately;
b] Reimburse the company the total amount; or
c) Reimburse the Company through payroll deduction spread equally over four (4) bid periods. If the Pilot does not select an option, this method will be the default.
The Union was concerned that pilots would automatically lose large monthly deductions over four bid periods if it did not intervene and that concern was what prompted it to file BPR Grievance 10-04-001. However, if an arbitrator were to deny the grievance, s/he would have no choice but to apply the language as written for a remedy and would not be permitted to consider issues of fairness or alter the negotiated contractual language. The Union therefore recognized that the clear contractual language contained within the LOU as well as the CBA meant that it would be very unlikely to prevail at arbitration. The arbitrator was likely to find for the Company and immediately permit the Company to recoup the overpayments within four bid periods.
The Union was mindful of the hardship that immediate and large deductions may impose on pilots, and it therefore entered into settlement discussions with the Company. This week the Parties have reached a settlement wherein the affected pilots will have a further twelve (12) months from the date of the settlement to reimburse the Company for the overpayment. This further twelve months is in addition to the fourteen months, which has already ensued since the Company discovered the error. Thus while the situation was undoubtedly created by the Company's error, the affected pilots have been allowed approximately two years of benefit from the additional monies without incurring any financial penalty or interest. In light of the weakness of the arbitration case, the Union has come to the conclusion that this settlement best preserves the interests of the affected pilots and the Union has therefore withdrawn BPR Grievance 10-04-001 in favor of the settlement.
Under the terms of the Settlement, the Company will provide each pilot with an accounting of the overpayment. Each pilot will then have a thirty (30) day period in which they can review the Company's data as well as challenge any errors. Payroll deduction will begin with the first pay period after July 1, 2011.
The Settlement Agreement will be posted on the Grievance Committees portion of the USAPA website next week after the document is fully executed.
Approximately 27 pilots have filed individual grievances that are related to the pay rate of distance learning training. The settlement of the BPR Grievance does not impact any individual statutory right that those pilots may have to pursue their grievances through to arbitration. USAPA will contact the individual Grievants and provide them with the information that they need in order to pursue their grievance through to the System Board of Adjustment.
Tracy Parrella
Chairman, USAPA Grievance Committee
