Fellow pilots,
We realize that our letters to you have raised several questions as well as few minor misunderstandings. It is important that tomorrow's crew news session remain focused on the issues, free from subtle credibility attacks against our letters. Therefore, we ask that you take the time to become familiar with the following facts.
TOMORROW'S CREW NEWS
The details of tomorrow's crew news are as follows:
On Thursday, May 19, Chairman and CEO Doug Parker will host PHX Crew News at the Jeffrey D. McClelland Flight Training Center, room 747. The flight attendant session will run from 11:15 a.m. to 12 noon and the pilot session will run from 12:15 p.m. - 1 p.m. Lunch will be provided at all sessions for those crew members in recurrent training; others are welcome to bring a brown bag lunch.
Management informed us that tomorrow's crew news session was placed on the calendar in early April, and therefore was not called in an "emergency" as our letter suggested. If management's assertion is true, then we apologize for any misunderstanding our previous letter may have caused. However, we also note that despite the fact that management may have scheduled the crew news over a month ago, we have yet to find any company publication prior to yesterday that announces it. This is a minor point however, but we want to shoot straight with you as we have no motive other than seeing that the company does not unfairly pilfer dollars from our paychecks.
THE EAST OVERPAYMENT
In our first letter, we brought to your attention the fact that there are no plans to recoup the East overpayment. It is important that we qualify this statement and explain the underlying facts that support it. First, following our uprising last year, the company and USAPA did eventually schedule an arbitration date for the grievance underlying the East pay error, and that arbitration was recently completed. The fact that the East's dispute was arbitrated is in of itself a disparity in treatment from our case. However, even assuming that disparity did not exist, our concern stems from the fact that - based upon our experience - the East overpayment may still be forgiven. Once the arbitrator rules in the East's case, the remedy phase could take another year (or longer). Moreover, it is not uncommon for the parties to reach a settlement following an arbitration on the merits; meaning, that the overpayment could still be negotiated away in another backroom deal. With the West overpayment "settled," the spotlight might be taken away from Mr. Hemenway, and he may then subsequently enter into another disparate deal with USAPA. The fact is that it was only by accident that we learned of the first backroom deal that essentially forgave the East overpayment, and it will be much more difficult in the future to detect if he makes a similar deal.
We fully expect Mr. Hemenway and Mr. Parker to be in full spin mode tomorrow and as usual deflect the true history and circumstances of this event. No airline CEO would ever publicly admit to facts that reflect poorly upon him. The bottom line is that the company does share responsibility for setting the arbitration schedule, or not setting the schedule in a timely manner.
EXPEDITED ARBITRATION
We have highlighted the concern about the fact that dozens of other unresolved West grievances have been sitting in suspension for 3 years while this case received untimely attention. It is likely that both the company and USAPA are going to hang their hats on an "expedited arbitration" clause in our contract that permits them to do so. Our contract mandates expedited arbitration for only the following types of disputes:
1. Section 1 - Recognition, Scope and Management Rights
2. Section 17 - Missing, Internment, Prisoner or Hostage of War Benefits
3. Section 25 - PBS implementation, modification, or administration
4. Section 25 - PBS change of vendors
However, the company and union may - by mutual agreement - agreed to expedited arbitration for any dispute. You will probably not be surprised to learn that - in fact - prior to this grievance, the company and union have never agree to expedite a grievance other than those required to be expedited. The fact that it was done so here reeks of collusion.
DISTANCE LEARNING DUE MAY 25TH
To be extremely clear, we strongly suggest that all PHX-based pilots complete the current distance learning as soon as possible, and certainly no later than May 25th.
Not completing the distance learning module is NOT an effective way to send a message to management, and will only subject individual pilots to trip removal and possible discipline. Fight smart - please complete your distance learning ASAP.
WHY WE WOULD NOT RECEIVE A FAIR ARBITRATION FROM USAPA
Management will likely be quick to blame the two of us for USAPA's failure to arbitrate the case. The fact is that USAPA was not going to properly argue our case, and would have only used us as patsies. Our decision to withdraw from participation only came after several good-faith attempts by us to ensure that our issues would be properly represented. Consider the following facts:
1. USAPA was provided certain information by the company pertaining to the alleged overpayment. Despite repeated requests to view this data, USAPA refused to provide us with any of it.
2. USAPA refused to take responsibility for its part in failing to verify the West credit times in accordance with the LOU, and therefore refused to address that issue in arbitration.
3. USAPA Grievance Chairman Tracy Parrella repeatedly misrepresented the company's position about several key issues. When presented with information from the company that contradicted her misrepresentations, she merely ignored our replies or changed the subject.
The fact is that USAPA was ONLY interested in seeing $2.6 million come out of our paychecks in the most onerous terms possible, and was not interested in engaging in a good faith effort to resolve our legitimate concerns about the alleged overpayment. Nor was the company interested in finding ways to mitigate the burden that its error imposes upon us. The company could have easily sought the input of our elected PHX USAPA representatives, but they did not do that. In fact, Mr. Hemenway has consistently refused to involve the elected PHX representatives in both of his attempts to pilfer money from your paychecks.
WHY MR. PARKER CANNOT BLAME USAPA
The fact is that USAPA - and its repeated acts of financial and seniority terrorism - is kept alive merely by the false hope that it will be a vehicle to abrogate a seniority arbitration that all parties agreed to at the outset of the merger. Perhaps Mr. Parker thought that the East's attempts would have blown over by now, but in fact, it has only continued to get worse. Mr. Parker cannot continue to abrogate responsibility for an increasingly hostile work environment.
The company will argue that it is legally required to negotiate with USAPA. While that is true on its face, the fact is that the company is not required to enter into any deals with USAPA. Certainly contract negotiations is a perfect example. The company entered into this settlement with USAPA on its own volition and will full knowledge of the malice with which USAPA sought it. Therefore, the company is complicit.
The company will also argue that it had "no choice" but to resolve this dispute in the manner that it did. We cannot agree. With the number of highly compensated lawyers and professionals at its disposal, the company certainly could have and would have resolved the dispute in a more reasonable manner if had the motivation too. Moreover, the simplest choice would have been to simply forgive the repayment, or at least hold it in abeyance until such time more palatable resolution terms could be achieved. The company caused this error, the company exacerbated the error by initially treating us disparately from the East, and now the company is attempting to resolve it on terms satisfactory only to the company and USAPA, while ignoring your PHX elected representatives. This is unacceptable.
CONCLUSION
We again repeat that we are not asking for much here. Had this happened four years ago, we are certain that it would have been resolved quickly and amicably, especially with a solution that would not have resulted in taking money from your paychecks after suffering furloughs and downgrades disproportionately with the East. At any point in time over the past year, the company could have contacted the PHX elected representatives and sought advice on the least invasive way to solve their problem, but they chose not to do that. Now they have locked themselves into a solution that unfairly takes money from your paycheck when there were other options available.
It is up to you to hold them accountable.
See you tomorrow at 1215 PM
Mitch and John
