these guys were spot on
Fellow Pilots,
Now that NMB voting is underway, it’s clear that the US Airways pilots have to choose
between competing visions for representation. Gamble on an untested and underfinanced
organization that will try to cram its date-of-hire seniority wishes down the throats of a large
group of fellow pilots, or maintain a well-resourced, experienced organization that is
committed to continuing to pursue a consensual approach to a permanent solution. Which
approach has the greater chance of long-term success?
With ALPA and the Transition Agreement, both East and West pilots will have to ratify a
joint agreement before a merged seniority list is implemented. While the process is difficult
and lengthy, it’s the only opportunity for East and West pilots to gain consensus, unify and
move forward to deal effectively with the Company in negotiations. As clearly outlined in the
latest set of letters from Captain Prater, ALPA cannot and will not impose its will or a
contract on the parties, nor has ALPA ever done so in the 76 years since its founding. And
under all ALPA scenarios and with the protection of separate operations until a consensual
solution can be reached, all AAA pilots will be able to vote separately on any proposed
solution. The America West pilots have recently requested that their Section 6 negotiations
begin immediately, thereby confirming that separate operations are to remain in place until
both the East and West MEC and pilots have reached agreement on a new joint CBA with
management.
The alternative is equally clear. USAPA has drafted a Constitution (that has yet to be ratified
by a single member) that commits it to date-of-hire seniority with certain “conditions and
restrictions.” There is no provision in USAPA’s governing documents for consent by fellow
pilots who would lose out if the organization tried to impose that solution, nor is there any
reason to believe that the Company will negotiate what USAPA wants. If they do, the US
Airways pilots can expect to pay a high price (will your seniority be for sale?) to protect the
Company and USAPA against the litigation and turmoil that inevitably will result. But
ultimately, it is also US Airways pilots who will feel the impact of years of turmoil, as
management will take advantage of the situation in order to play one pilot group against the
other to the detriment of us all. A cram down of USAPA’s Constitution on the America West
pilots has no chance of unifying this pilot group against management.
USAPA is asking you to gamble your career, retirement, financial recovery and well-being.
It’s asking you to believe that it can secure the Company’s agreement to change relative
seniority—a change which, by definition, will offend as many pilots as it placates —and further, USAPA is asking you to believe that these changes will survive litigation that will be
pursued by those who lose out when this “solution” is jammed down their throats. USAPA’s
plan will staple 2/3rds of America West Captains and all but three of America West First
Officers to the bottom of the seniority list, below all US Airways pilots flying Airbus and
Boeing aircraft at the time of the merger announcement. What USAPA is claiming they can
do—staple the America West pilots to the bottom of the seniority list by getting the America
West management team to agree to do so in a joint CBA—clearly violates the guarantee that
Doug Parker and Bruce Lakefield gave to all East and West employees in writing when the
merger was announced:
Likewise, we expect our unions will recognize a solution that simply
“staples” all employees of one airline to the bottom of the other’s seniority
list as unacceptable and unconscionable.
To that end, because of seniority differences in some groups, straight
seniority integration could have an effect similar to that of stapling employees
to the bottom of a seniority list, an outcome that is inconsistent with a fair
and equitable protocol.
It is astonishing that the very foundation of an entire union organization could be built based
only on wishful thinking.
Without speculating on the likely result of inevitable lawsuits, it’s clear that the litigation will
be protracted, expensive, bitter, and leave the East and West as adversaries for as long as US
Airways survives—unable to do business together, fight a common foe, negotiate effectively
with the Company, or able to defend ourselves in the next transaction. The only winners will
be the USAPA law firm, which will benefit from a steady stream of money from the US
Airways pilots to litigate the multitude of anticipated lawsuits.
USAPA’s ineffectiveness should be of special concern to East and West pilots for whom the
next collective bargaining agreement will represent the last contract of their careers. Pilots
close to the end of their careers will pay the heaviest price in wages that were not recovered
and pension contributions that could be much higher.
Unfortunately, the gamble does not end there. Any seniority list changed contractually can
and will be changed again in later negotiations. That proposition will come back to haunt
those who think the gamble is worth it. Under the remote possibility that USAPA would be
able to convince Doug Parker to staple his boys to the bottom of the list with contractual
language, when the demographics or next merger tide turns, the Nicolau Award will come
back to us AS IS with no chance to fix it! With future hiring, there will come a day when
those who now share a majority opinion will not be in the majority, and that day will come
even sooner with the next merger. More litigation, more division, more lost bargaining
opportunities, more lost money and lost pension contributions.
There is no easy solution under ALPA, but also no false hope or hollow promises like
USAPA. Our MEC, through ALPA, does have the only durable solutions—tough but good
faith discussions between the two groups in a framework that requires both sides to agree,
with our ongoing litigation providing the impetus for the groups to work out their differences.
History shows that this is the only sort of solution which cannot be resisted by the Company
or challenged successfully in court.
Anything else is a gamble not worth taking. Please consider voting for ALPA and keeping
your MEC working for you and protecting your seniority.
Fraternally,
Fellow Pilots,
Now that NMB voting is underway, it’s clear that the US Airways pilots have to choose
between competing visions for representation. Gamble on an untested and underfinanced
organization that will try to cram its date-of-hire seniority wishes down the throats of a large
group of fellow pilots, or maintain a well-resourced, experienced organization that is
committed to continuing to pursue a consensual approach to a permanent solution. Which
approach has the greater chance of long-term success?
With ALPA and the Transition Agreement, both East and West pilots will have to ratify a
joint agreement before a merged seniority list is implemented. While the process is difficult
and lengthy, it’s the only opportunity for East and West pilots to gain consensus, unify and
move forward to deal effectively with the Company in negotiations. As clearly outlined in the
latest set of letters from Captain Prater, ALPA cannot and will not impose its will or a
contract on the parties, nor has ALPA ever done so in the 76 years since its founding. And
under all ALPA scenarios and with the protection of separate operations until a consensual
solution can be reached, all AAA pilots will be able to vote separately on any proposed
solution. The America West pilots have recently requested that their Section 6 negotiations
begin immediately, thereby confirming that separate operations are to remain in place until
both the East and West MEC and pilots have reached agreement on a new joint CBA with
management.
The alternative is equally clear. USAPA has drafted a Constitution (that has yet to be ratified
by a single member) that commits it to date-of-hire seniority with certain “conditions and
restrictions.” There is no provision in USAPA’s governing documents for consent by fellow
pilots who would lose out if the organization tried to impose that solution, nor is there any
reason to believe that the Company will negotiate what USAPA wants. If they do, the US
Airways pilots can expect to pay a high price (will your seniority be for sale?) to protect the
Company and USAPA against the litigation and turmoil that inevitably will result. But
ultimately, it is also US Airways pilots who will feel the impact of years of turmoil, as
management will take advantage of the situation in order to play one pilot group against the
other to the detriment of us all. A cram down of USAPA’s Constitution on the America West
pilots has no chance of unifying this pilot group against management.
USAPA is asking you to gamble your career, retirement, financial recovery and well-being.
It’s asking you to believe that it can secure the Company’s agreement to change relative
seniority—a change which, by definition, will offend as many pilots as it placates —and further, USAPA is asking you to believe that these changes will survive litigation that will be
pursued by those who lose out when this “solution” is jammed down their throats. USAPA’s
plan will staple 2/3rds of America West Captains and all but three of America West First
Officers to the bottom of the seniority list, below all US Airways pilots flying Airbus and
Boeing aircraft at the time of the merger announcement. What USAPA is claiming they can
do—staple the America West pilots to the bottom of the seniority list by getting the America
West management team to agree to do so in a joint CBA—clearly violates the guarantee that
Doug Parker and Bruce Lakefield gave to all East and West employees in writing when the
merger was announced:
Likewise, we expect our unions will recognize a solution that simply
“staples” all employees of one airline to the bottom of the other’s seniority
list as unacceptable and unconscionable.
To that end, because of seniority differences in some groups, straight
seniority integration could have an effect similar to that of stapling employees
to the bottom of a seniority list, an outcome that is inconsistent with a fair
and equitable protocol.
It is astonishing that the very foundation of an entire union organization could be built based
only on wishful thinking.
Without speculating on the likely result of inevitable lawsuits, it’s clear that the litigation will
be protracted, expensive, bitter, and leave the East and West as adversaries for as long as US
Airways survives—unable to do business together, fight a common foe, negotiate effectively
with the Company, or able to defend ourselves in the next transaction. The only winners will
be the USAPA law firm, which will benefit from a steady stream of money from the US
Airways pilots to litigate the multitude of anticipated lawsuits.
USAPA’s ineffectiveness should be of special concern to East and West pilots for whom the
next collective bargaining agreement will represent the last contract of their careers. Pilots
close to the end of their careers will pay the heaviest price in wages that were not recovered
and pension contributions that could be much higher.
Unfortunately, the gamble does not end there. Any seniority list changed contractually can
and will be changed again in later negotiations. That proposition will come back to haunt
those who think the gamble is worth it. Under the remote possibility that USAPA would be
able to convince Doug Parker to staple his boys to the bottom of the list with contractual
language, when the demographics or next merger tide turns, the Nicolau Award will come
back to us AS IS with no chance to fix it! With future hiring, there will come a day when
those who now share a majority opinion will not be in the majority, and that day will come
even sooner with the next merger. More litigation, more division, more lost bargaining
opportunities, more lost money and lost pension contributions.
There is no easy solution under ALPA, but also no false hope or hollow promises like
USAPA. Our MEC, through ALPA, does have the only durable solutions—tough but good
faith discussions between the two groups in a framework that requires both sides to agree,
with our ongoing litigation providing the impetus for the groups to work out their differences.
History shows that this is the only sort of solution which cannot be resisted by the Company
or challenged successfully in court.
Anything else is a gamble not worth taking. Please consider voting for ALPA and keeping
your MEC working for you and protecting your seniority.
Fraternally,
