Skywest, ASA DOH integration?

[Nevets]

Nev,
I read the AMLP posted on various places on the internet. The only pilot groups I read about that were addressed were collectively bargained units. The stuff I was reading was mind numbing and I could have missed it but the Act reads as if it only relates to collectively bargained units. Since ASA is collectively bargained, the absolute minimum that would apply to their merger solution would be the provisions to the Act. If they negotiated a deal that exceeded the provisions to the Act(staple of SKYW to the bottom) the Act would be satisifed. If SKYW wanted to staple the ASA guys the AMLP Act would be invoked. I am not a lawyer, so someone with a law education can post a summary showing how the SKYW pilot group is protected by the Act.
PBR

ASA contract
Section 1 Recognition and Scope
2. If the Company acquires a carrier whose pilots are not represented by the Association, the pilots of the Company and the pilots of the acquired carrier will each operate pursuant to their own collective bargaining agreement or terms and conditions of employment, with their respective seniority lists until the first day of the first month following:


a. conclusion of negotiation of only such provision(s), if any, as may be necessary to cover such acquired carrier’s flying under this Agreement, and


b. integration of the seniority lists of the respective pilot groups. Such seniority integration will be accomplished in a fair and equitable manner, including, where applicable, negotiations between the Company and the representatives of the pilot groups affected. There will be no “system flush” as a result of seniority integration. In the event of failure to reach a negotiated resolution, the seniority integration dispute will be resolved as provided in Sections 3 and 13 of the Labor Protective Provisions specified by the Civil Aeronautics Board in the Allegheny-Mohawk Merger.


3. Upon the announcement of any transaction that is intended to result in the consolidation of the Company with another carrier that affects the seniority rights of pilots on the Seniority List, the parties will meet promptly to discuss the appropriate steps to be taken consistent with this Agreement, e.g., to negotiate an appropriate fence agreement and to implement a seniority integration process as provided for in paragraph E.1. or E.2., above.


4. During the period between the announcement of any transaction described in paragraph E. and the conclusion of the process as provided therein, no pilot who was on the Seniority List and who had completed his probationary period as of the effective date of this Agreement will be furloughed as a result of such transaction.



Allegheny-Mohawk Labor Protective Provisions
Section 3
Insofar as the merger affects the seniority rights of the carriers' employees, provisions shall be made for the integration of seniority lists in a fair and equitable manner, including, where applicable, agreement through collective bargaining between the carriers and the representative of the employees affected. In the event of failure to agree, the dispute may be submitted by either party for adjustment in accordance with section 13.

Section 13
[FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica](a) In the event that any dispute or controversy (except as to matters arising under section 9) arises with respect to the protections provided herein which cannot be settle by the parties within 20 days after the controversy arises, it may be referred by any party to an arbitrator selected from a panel of seven names furnished by the National Mediation Board for consideration and determination. The parties shall select the arbitrator from such panel by alternatively striking names until only one remains, and he shall serve as arbitrator. Expedited hearings and decisions will be expected, and a decision shall be rendered within 90 days after the controversy arises, unless an extension of time it is mutually agreeable to all parties. The salary and expenses of the arbitrator shall be borne equally by the carrier and (i) the organization or organizations representing employee or employees or (ii) if unrepresented, the employee or employees or group or groups of employees. The decision of the arbitrator shall be final and binding on the parties.[/FONT][/FONT][/FONT]
[FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica](b.) The above condition shall not apply if the parties by mutual agreement determine that an alternative method for dispute settlement or an alternative procedure for selection of an arbitrator is appropriate in their particular dispute. No party shall be excused from complying with the above condition by reason of having suggested an alternative method or procedure unless and until that alternative method or procedure shall have been agreed to by all parties.[/FONT][/FONT][/FONT]


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[PBRstreetgang]

ASA contract
Section 1 Recognition and Scope
2. If the Company acquires a carrier whose pilots are not represented by the Association, the pilots of the Company and the pilots of the acquired carrier will each operate pursuant to their own collective bargaining agreement or terms and conditions of employment, with their respective seniority lists until the first day of the first month following:


a. conclusion of negotiation of only such provision(s), if any, as may be necessary to cover such acquired carrier’s flying under this Agreement, and


b. integration of the seniority lists of the respective pilot groups. Such seniority integration will be accomplished in a fair and equitable manner, including, where applicable, negotiations between the Company and the representatives of the pilot groups affected. There will be no “system flush” as a result of seniority integration. In the event of failure to reach a negotiated resolution, the seniority integration dispute will be resolved as provided in Sections 3 and 13 of the Labor Protective Provisions specified by the Civil Aeronautics Board in the Allegheny-Mohawk Merger.


3. Upon the announcement of any transaction that is intended to result in the consolidation of the Company with another carrier that affects the seniority rights of pilots on the Seniority List, the parties will meet promptly to discuss the appropriate steps to be taken consistent with this Agreement, e.g., to negotiate an appropriate fence agreement and to implement a seniority integration process as provided for in paragraph E.1. or E.2., above.


4. During the period between the announcement of any transaction described in paragraph E. and the conclusion of the process as provided therein, no pilot who was on the Seniority List and who had completed his probationary period as of the effective date of this Agreement will be furloughed as a result of such transaction.



Allegheny-Mohawk Labor Protective Provisions
Section 3
Insofar as the merger affects the seniority rights of the carriers' employees, provisions shall be made for the integration of seniority lists in a fair and equitable manner, including, where applicable, agreement through collective bargaining between the carriers and the representative of the employees affected. In the event of failure to agree, the dispute may be submitted by either party for adjustment in accordance with section 13.

Section 13
[FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica](a) In the event that any dispute or controversy (except as to matters arising under section 9) arises with respect to the protections provided herein which cannot be settle by the parties within 20 days after the controversy arises, it may be referred by any party to an arbitrator selected from a panel of seven names furnished by the National Mediation Board for consideration and determination. The parties shall select the arbitrator from such panel by alternatively striking names until only one remains, and he shall serve as arbitrator. Expedited hearings and decisions will be expected, and a decision shall be rendered within 90 days after the controversy arises, unless an extension of time it is mutually agreeable to all parties. The salary and expenses of the arbitrator shall be borne equally by the carrier and (i) the organization or organizations representing employee or employees or (ii) if unrepresented, the employee or employees or group or groups of employees. The decision of the arbitrator shall be final and binding on the parties.[/FONT][/FONT][/FONT]
[FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica][FONT=Trebuchet MS, Arial, Helvetica](b.) The above condition shall not apply if the parties by mutual agreement determine that an alternative method for dispute settlement or an alternative procedure for selection of an arbitrator is appropriate in their particular dispute. No party shall be excused from complying with the above condition by reason of having suggested an alternative method or procedure unless and until that alternative method or procedure shall have been agreed to by all parties.[/FONT][/FONT][/FONT]


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[/FONT][/FONT][/FONT]

Nev,
Again, the ASA pilots have a contract that specifies the merger policy/procedures. The SKYW pilots have no such expectation for protection. See the F&H website, who SKYW has on retainer. I reiterate the ASA pilots have specific contractual language that deals with mergers, the SKYW has no contract, and it appears that the AMLP would not even be applied as a litmus test for the "fair and equitable" portion of the merger. It would only be applied to the ASA perspective as it pertains to the merger formula. If the litmus test found that the formula for senority integration was meeting the "fair and equitable" standard as it applies to the ASA pilots then that satisfies the AMLP Act for the purposes of the act. Also it would appear that the SKYW pilots would be financially responsible for the costs of the arbitration, should the AMLP act apply and be invoked.
PBR
Even then the best that the SKYW pilots could expect would be DOH and possibly some fences, if BH wants to hold out for them. SKYW pilots how does DOH sound to you?

 

[Nevets]

Nev,
Again, the ASA pilots have a contract that specifies the merger policy/procedures. The SKYW pilots have no such expectation for protection. See the F&H website, who SKYW has on retainer. I reiterate the ASA pilots have specific contractual language that deals with mergers, the SKYW has no contract, and it appears that the AMLP would not even be applied as a litmus test for the "fair and equitable" portion of the merger. It would only be applied to the ASA perspective as it pertains to the merger formula. If the litmus test found that the formula for senority integration was meeting the "fair and equitable" standard as it applies to the ASA pilots then that satisfies the AMLP Act for the purposes of the act. Also it would appear that the SKYW pilots would be financially responsible for the costs of the arbitration, should the AMLP act apply and be invoked.
PBR
Even then the best that the SKYW pilots could expect would be DOH and possibly some fences, if BH wants to hold out for them. SKYW pilots how does DOH sound to you?

First let me say that I'm not an attorney or an expert.

Since the A-M LPP is in the ASA contract, it would be used. Its up to ASA pilots and Skywest management to define "fair and equitable." Whether its DOH, stapling, fences, ratios, combination thereof, etc, would be up to the two parties to decide in negotiations.

As for the portions you highlighted, let me start at the first one and work my way down.

Skywest pilots do not have "their own collective bargaining agreement" but they do have "terms and conditions of employment."

The "representatives of the pilot groups affected" would be ALPA for the ASA pilots and Skywest management for the Skywest pilots.

As for "collective bargaining between the carriers and the representative of the employees affected" reference the previous paragraph.

As for who pays Skywest pilots half of the negotiations, I guess it would be Skywest management. I don't know how much incentive they have in a long protracted seniority integration negotiations other than to make sure to minimize other costs such as training, moving, etc. They will have the bottom line as their first priority.

 

[PBRstreetgang]

Nev,
We are arguing from the same side of the table! My argument is this, and we do agree, SKYW pilots will ONLY get what SKYW management gives them. This result may not always be in the pilot groups best interests. If the merger that would be in the best interests of the pilots would cost SKYW corp. $25,000,000, SKYW may or may not decide to favor the pilots. My point is the only pilots sitting at the table will be ASA, not SKYW. I do not trust SKYW corp. to represent my best interests, they have proven that my welfare is secondary to overall profits time and time again.It could be entirely possible to have TF, DL,DA, KB, and BH at the table negotiating my seniority merger deal, and we all know what kind of pilot advocates they are!
PBR

 

[PBRstreetgang]

Skywest pilots do not have "their own collective bargaining agreement" but they do have "terms and conditions of employment."

Which on the first page of the terms and conditions of employment are non binding on the company. "And does not constitute a contract."
PBR

 

[PBRstreetgang]

The "representatives of the pilot groups affected" would be ALPA for the ASA pilots and Skywest management for the Skywest pilots.

BH and SAPA, Oh joy, we can only fantasize how that will go!
PBR

 

[PBRstreetgang]

As for who pays Skywest pilots half of the negotiations, I guess it would be Skywest management. I don't know how much incentive they have in a long protracted seniority integration negotiations other than to make sure to minimize other costs such as training, moving, etc. They will have the bottom line as their first priority.

I do not think SKYW mgmt. pays the AMLP states the employees affected will incur the costs of the arbitrator. Sec 13(ii) see above!
PBR

 

[Nevets]

Nev,
We are arguing from the same side of the table! My argument is this, and we do agree, SKYW pilots will ONLY get what SKYW management gives them. This result may not always be in the pilot groups best interests. If the merger that would be in the best interests of the pilots would cost SKYW corp. $25,000,000, SKYW may or may not decide to favor the pilots. My point is the only pilots sitting at the table will be ASA, not SKYW. I do not trust SKYW corp. to represent my best interests, they have proven that my welfare is secondary to overall profits time and time again.It could be entirely possible to have TF, DL,DA, KB, and BH at the table negotiating my seniority merger deal, and we all know what kind of pilot advocates they are!
PBR

Yes, but I do believe that the A-M LPP would apply to Skywest pilots. Its just up to management to decide what is "fair and equitable" to Skywest pilots.

 

[Nevets]

Which on the first page of the terms and conditions of employment are non binding on the company. "And does not constitute a contract."
PBR

Than that would be pursuant to your terms and conditions of employment.

 

[Nevets]

BH and SAPA, Oh joy, we can only fantasize how that will go!
PBR

Which is ONE good reason for Skywest pilots to vote for ALPA. If Skywest pilots were represented by ALPA, ALPA Merger Policy would apply but the most important thing is that Skywest PILOTS (NOT management or SAPA) would negotiate directly with ASA pilots.