Complete bloody mess . . .
Captain John E. Darrah
APA President
Fellow Pilots,
Last week I received a phone call from Negotiating Committee
member First Officer Mickey Mellerski telling me that he had
received a phone call from a furloughed American Airlines pilot
who had accepted a flow-back position and was attending Eagle
indoctrination. First Officer Mellerski informed me that ALPA
Eagle MEC Chairman Captain Herb Mark had briefed the
indoctrination class.
I was briefed on what Captain Mark had said and can only
characterize many of his comments as inaccurate. Before I
respond to some of these inaccuracies, let me first provide some
background.
During our concession discussions last spring, APA agreed not to
exercise its rights to flow back into the Embraer aircraft under
certain circumstances in exchange for value toward our
concessions. In exchange, we agreed with management that we
would be able to bring the CRJ70 to American Airlines if we could
do so on a labor cost-neutral basis. We would also attain rights
to displace directly into some CRJ70 positions, which would have
resulted in approximately 80 to 100 CJ Captain positions being
available to furloughed American Airlines pilots. Also for the
first time, TWA pilots furloughed on or after May 1, 2003, the
effective date of our agreement, would be able to exercise the
provisions of Supplement W.
Shortly after our agreement, ALPA Eagle objected, stating that is
was a violation of the four-party agreement in Supplement W.
They stated that we must displace their pilots in reverse
seniority order according to Supplement W IV. B.
B. A furloughed AA pilot may displace
1. A CJ Captain, other than an Eagle Rights CJ Captain, who has
not been awarded a seniority number at AA, in reverse order of
AMR Eagle, Inc. seniority; and then
2. A CJ Captain who has accepted a position on the AA
Pilots Seniority List pursuant to Paragraph III.B.
above, or a CJ Captain who was previously
furloughed from AA, in reverse order of AA seniority.
Since the majority of CRJ70 Captains were senior to the EMB
Captains, ALPA Eagle stated that we must first displace their EMB
Captains who were more junior before we could displace any of the
CRJ70 Captains.
So, even though we had elected not to exercise our rights to the
nearly 400 flow-back positions on the Embraers, ALPA Eagle
objected based on the fact we would be acquiring approximately
100 CRJ70 Captain positions. Soon after the ratification of our
agreement on April 15, 2003, we began discussions with ALPA Eagle
in an effort to resolve this issue.
Beginning in May, previous TWA pilots who were furloughed were
eligible for flow back positions. However, Eagle management and
American management did not want to implement Supplement W for
eligible furloughed American pilots until they had a decision
from Arbitrator Kasher on a pending arbitration case. Kasher's
arbitration award, which can now be found on the APA Web Site
under "2003 Contract, Supplement W, Arbitration," determined what
positions furloughed pilots were entitled to be recalled into.
During May, June and July, we met numerous times with ALPA Eagle,
American and Eagle management and finally with Arbitrator Kasher
in an effort to reach a settlement, but were unable to do so.
Given that we were unable to reach agreement with ALPA Eagle,
American furloughees were then allowed to flow back to new
vacancies created as a result of new CJ deliveries. The first
group of furloughees to do so was the August 1, 2003 furloughees,
since they were going to be the most senior available for the
next CJ training class on August 18, 2003.
American furloughees were going to flow back into new vacancies
instead of displacing existing American Eagle Captains in order
to prevent disruption to the Eagle pilots currently flying those
aircraft. From our viewpoint, it made no sense for ALPA Eagle to
force us to displace their pilots when we did not have to. This
negatively impacted their pilots and we felt it would be
senseless for them to put their pilots through the unnecessary
displacements.
Since we were unable to reach agreement with ALPA on this issue,
on August 12, 2003, Arbitrator Kasher issued his ruling,
stipulating that new vacancies must first be proffered to
American Eagle pilots before furloughed American pilots could
displace into them. This meant that an Eagle pilot would be
trained on the new equipment and furloughed American pilots would
displace an existing American Eagle pilot instead, according to
Supplement W paragraph IV.
The Eagle representatives knew that we had received credit toward
our concession package and were trying to force us to have to
displace their pilots to receive any CJ Captain positions. They
also understood that the APA membership was very displeased about
having to take such significant pay cuts and believed that if
they forced us to have to displace their pilots, we would be
required to come up with additional concessions to pay for the
displacement costs. They didn't believe we could get the
membership to stomach any more cuts to come up with the
additional monies needed, and as a result we would not be able to
displace any of their EMB pilots and they would also keep all the
CRJ70 jobs—a complete victory for them.
At a Special Board of Directors meeting, we briefed the APA Board
of Directors on the status of the discussions and ALPA Eagle's
position. The Board of Directors gave the Negotiating Committee
a list of items it was prepared to use in exchange for the
additional cost. We then informed ALPA Eagle.
After receiving Arbitrator Kasher's ruling, we had to cancel the
flow-back classes that were scheduled in August because they were
for new vacancies, not displacements. We then began to schedule
pilots for training based on displacing current Eagle CJ Captains.
We soon found out some other reasons (besides being financially
punitive) why the Eagle pilots forced us to take what appeared to
be very negative stances toward their pilots by having us
displace them. There were several of their pilots who were
flying as CJ Captains at bases that they did not want to be
flying out of and they could not get back to another base unless
displaced. One of the ALPA representatives, a former MEC
Chairman, was one of these pilots. He had briefly attended some
of the meetings and we discovered that by forcing us to displace
Eagle CJ Captains, he would be able to get back to his home in
Miami. He was flying as an EMB Captain in BOS and commuting. He
wanted to get back to Miami and fly as an ATR Captain. Having us
displace him allowed him to get back home. While displacement
worked well for him, I was left wondering how many of the other
Eagle CJ Captains would be negatively impacted by their
leadership taking this position.
An even bigger issue soon surfaced when we were told that the
Eagle Saab fleet plan had changed, which changed the availability
of training capacity. We learned that ALPA Eagle had been
informed of this, but we had not. Therefore, ALPA Eagle was
making decisions based on entirely different information.
What ALPA Eagle had planned on was their training facility only
being able to handle 20 Captain training slots a month. Since
they had won the Kasher award, they planned on Eagle using all
the training slots on manning new deliveries, leaving no
available training capacity for furloughed flow-back pilots.
They knew management was not going to park new aircraft while
they trained American pilots to displace perfectly qualified CJ
pilots. In their minds, they had now successfully and completely
blocked American Airlines pilots from attaining any CJ Captain
positions for several years.
Learning this information, we approached management about finding
excess training for our furloughed pilots. Management confirmed
that training capacity was available and agreed to provide an
additional 20 training cycles a month for furloughed American
Airlines pilots. At a subsequent meeting, we informed the ALPA
Eagle pilots, who were completely surprised. Now American pilots
were going to actually displace their pilots—pilots we had
originally intended not to displace and pilots they thought they
had protected.
We were more than willing to come up with a compromise. The only
thing we wanted was for our pilots to have the ability to go to
Eagle out of seniority order so that pilots could bid for
specific bases, instead of being sent to a base they did not
want. ALPA Eagle would not give us an answer and they then began
to file grievance after grievance in an effort to stop our
proceeding with the displacement of their pilots.