Part 1 of 2
The nature and subject matter of this post requires a disclaimer, so here it is:
Disclaimer: The opinions expressed in this post are my own opinions and mine alone. I am not a spokesperson for Comair pilots or Comair management. I am not a member of the Comair MEC and I am not a spokesperson for the Comair MEC. I am not a spokesperson for the RJDC or for any other organization. My posts are not directed, approved or controlled by the RDJC, any of its principals or any other organization. I have no knowledge as to whether the RJDC agrees or disagrees with any opinions expressed by me in this or any other post and no such agreement/disagreement is implied or inferred. Surplus1
Freight Dog,
Your comments/questions cannot be answered with a "sound bite" so this will be long and difficult reading. Sorry, I don't know how to reduce it more.
Originally posted by Freight Dog
Surplus,
As a member, I'm pretty familiar with ALPA.
Perhaps I am wrong and you are familiar, but I seriously doubt it. Don't take it personally for I do not mean it that way. Of the 60,000+ members in the ALPA, the truth is only a handful are actually "familiar" with how ALPA really operates any more than the average American is familiar with how the US Congress operates. Unless you happen to be a member of the governing bodies of the ALPA, and by that I mean one with regular access to what happens in the Executive Council, the Executive Board and your MEC, your "familiarity" with the ALPA is dependent on what you are told and what you can read in the public venue. Other than that, you are simply a number and so am I.
Even the elected representatives who are "members of the BOD" are, in the majority, uniformed despite the Association's best effort. They only meet for a week once every two years. Between BOD meetings they do not, in the majority, see or communicate with other members of the BOD outside of their own airline. Over 75% are attending their very first BOD meeting and are generally unfamiliar with the parliamentary procedures. With rare exception, they are generally unfamiliar with the material under debate (although they get volumes of paper pre-meeting, which most never read). They respond to a "pre-prepared agenda", etc.
A BOD meeting is much like a shareholder meeting in a large corporation. A few (important) people sit up front, make nice speeches to the group, break in to delegate committees all chaired by "people on the inside", return to the plenary chamber and when the Chairman says it's time, they all raise their right hand and vote for things they seldom understand. If one or two get too feisty and stray from the planned courses of action, they are dealt with much like the irate small shareholder in a GM shareholder's meeting. The real players listen for awhile to maintain the facade, and then the dissidents get voted down.
Unlike the US Government, ALPA's legislature is a unicameral system. There are no checks and balances. The minority has no viable means of challenging the majority, the President has no power of veto, there is no judicial branch that can act independent of political pressure and redress, and there is no internal system to address grievance or hear complaints legitimate or otherwise. As a consequence, reality is that 3 men (if aligned with each other) have the power to overrule the decisions or opinions of ALL other member airlines and thus dictate the course of the Association as a whole.
Envision if you will the Congress of the United States as a single chamber. No Senate, just the House of Representatives. No separate Executive branch of government (thus no Presidential veto) and no Judiciary to review the legality of proceedings. All votes in the House are by simple majority therefore, the States of California, Texas, Illinois, New York, Pennsylvania and Florida, have sufficient votes to override the other 44 States combined. How long do you think the "democratic" government of the US would endure in that circumstance? Well, that's pretty much the equivalent of the ALPA. Of all the airlines in the ALPA, three (3) of them voting together on any issue have the power to overrule the remaining 44 +. Tell me how, in such a system, can a small airline like yours or mine achieve anything. How can the small airline get a fair hearing of its issues?
While highly touted as a democracy, the government of the ALPA is in fact an active oligarchy.
That system may have been viable in the early stages of the organization. IMO, in today's world it is unworkable, unreasonable and the source of internal political conflict. That is why litigation, though undesirable, becomes the only option for a minority that feels aggrieved and wants impartial justice. There is no other means of redress save political patronage or outright begging.
Unless you happen to be a member of the inner circle of ALPA governance, I repeat my original allegation. You don't know how ALPA really works; you are unfamiliar with the ALPA. We don't need a new union but we most assuredly need significant reform of the one that we have.
What I am not familiar with, or what I do not understand is your lawsuit. I've read it, so yeah, I guess I'm familiar with your allegations and maybe something is wrong with me because I still don't get it.. the ratio between Delta and Comair pilot groups is like 9-1. Even if your MEC was present at Delta's negotiations, what function would he serve?! What COULD he do?!
First we must make clear that the lawsuit does not contain "my allegations". I support the RJDC in principle but I am not a plaintiff. There's nothing "wrong" with you FD, in fact you are quite typical.
The litigation is based on the concept that within the ALPA structure, each group is vested with the right to bargain with the employer in its own interest. However, that right does not extend beyond the affairs of the particular airline to encompass the affairs of another airline. When that power is usurped and an external group is afforded the privilege of bargaining for and determining the future of another group, without its consent, the excluded group has been deprived of representation. That's complex I know, but it lies at the crux of the dispute.
The Delta pilots have the unquestioned right to bargain for themselves. However, the ASA and Comair pilots have the very same right. The lawsuit alleges that the CMR and ASA group were denied that right by the ALPA and as a consequence, their careers and their future were bargained away, with the consent and support of the ALPA by the Delta pilots, against the wishes of the Comair and ASA groups.
The Comair and ASA pilots formally requested that they be included in deliberations that directly affected and controlled their future. The Company (Delta) raised no objection. The union (ALPA) excluded them in writing. As a result the ALPA, acting on behalf of the Delta pilots, entered into a collective bargaining agreement with Delta that aggrieves and potentially damages every ASA and Comair pilot. In that Comair and ASA pilots are equal members of the ALPA, the ALPA has wronged them. The litigation seeks to reverse that wrong. If the ALPA refuses to correct the wrong, then the litigants are entitled to compensation for the damages they will suffer if the Agreement is enforced.
You ask what would have happened if representatives of the ASA and CMR pilots were included. Then you answer the question yourself by pointing out that the Delta pilots outnumber us 9-1. Your understanding of the scenario and therefore your premise, are both flawed.
An agreement of the type under discussion would require a consensus and could not be decided by a simple majority vote cast by the Delta pilots. Remember that the ALPA has maintained that we are separate entities. If separate, we have equal rights and are not subject to being unilaterally overruled by the Delta pilots, regardless of their number. All three airlines would have to agree on a mutually satisfactory solution or there would be an impasse. If an impasse did occur, each of the three (3) separate airlines would be estopped from making any agreement that could remove the others rights.
Thus, Delta pilots would not be able to write Scope clauses in their Agreement with Delta that defined or limited the flying of Comair or ASA. Comair and ASA would not be able to limit or define the flying of Delta pilots. All other provisions of the Delta pilots Scope, would remain unchanged. Keep in mind that under applicable law, the Delta, Comair and ASA pilots have a common employer notwithstanding the corporate structure of convenience.
We also have a common labor union. Therefore that labor union is required by law to afford equal representation to each of its members, bar none. In so doing, it may not bargain in bad faith; it may not make arbitrary decisions and it may not discriminate. If the labor union does any or all of those things, it may be held in violation of its Duty of Fair Representation. The litigation alleges that the union has violated its DFR.
If we accept the ALPA's thinking, then we are chattels of the Delta pilots who may determine without limitation, if we fly, what we fly, where we fly, etc. At the same time however, the ALPA declares officially that we are not operationally integrated with Delta Air Lines and we are not entitled to become a single unit with the Delta pilots. It would appear that ALPA's policy in this case is the classic oxymoron.
Continue to Part 2