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Threats and Insults at AA
Threats and Insults
Fellow Pilots,
Yesterday, Mark Burdette personally delivered to the Association what management has characterized as a “warning letter.” This letter is better described as a “threatening letter.” I have attached both Mr. Burdette’s letter and my response.
As you read Mr. Burdette’s letter, you will likely feel the same outrage as I did at its insulting and downright arrogant tone. Management is either displaying – once again – their persistent inability to address employees’ legitimate outrage over executive bonuses, or they are perhaps trying to goad pilots into the very behavior management allegedly seeks to forestall. I’ll let you be the final judge, but don’t take the bait.
If you are not scheduled to fly on April 18, the best thing you can do is attend the National Rally and March to show management that pilots are not only incensed at management’s continually self-centered and insulting behavior, but that we also know how to legally show that outrage. We all know from past experience that any illegal activity will only weaken our institution and hamper APA’s ability to serve your interests.
If you are scheduled to work next week, the best thing you can do is support our “Hats Off” campaign and show our passengers that we are dedicated professionals who have earned our rightful share of American Airlines’ improving financial performance. Carry yourself with pride even as our senior executives try to divert attention from their shame.
Thank you for your professionalism!
Sincerely,
Ralph
p.s. If you are planning on attending the Rally, please remember to RSVP. Hotel rooms are still available for either the night of the 17th or 18th. You can click hereto RSVP.
April 11, 2007
Captain Ralph Hunter, President
Allied Pilots Association
14600 Trinity Blvd., Suite 500
Ft. Worth, TX 76155
Re: Potential Job Action
Dear Captain Hunter:
American has received credible information that certain pilots represented by the APA, and others acting in concert with them, intend to participate in an illegal sick-out or engage in other forms of unlawful disruptive activity on or about April 18, 2007, in connection with a dispute about American's distributions under the 2004/2006 Performance Share Plan and/or other compensation policies. American has also received information that an organization known as Pilots Defending the Profession ("PDP") which apparently is an ally of the APA with respect to their opposition to the Performance Share Plan distributions, and which includes as its members many American pilots represented by the APA, is also planning or encouraging pilots to engage in similar unlawful activities.
Rather than utilizing the mandatory dispute resolution procedures set forth in the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq., to attempt to resolve this dispute, it appears that these pilots and the PDP intend to disrupt American's operations and inflict harm upon the traveling public in an attempt to force American to accede to their positions in this matter.
We are now in the collective bargaining process governed by Section 6 of the RLA. APA has every right to press its demands for restoration of pay and benefits through that process. Instead of collective bargaining proposals, however, all we see emanating your organization are exhortations to pilots to let management know that "We want our money back;" that "Now, it is time to get our money back;" and that pilots must be "willing to do what is necessary to achieve that end." Given the prior history of illegal job actions on this property and in your work group in particular, it should come as no surprise that some members of your organization view APA rhetoric as no-so-subtle directive to take matters into their own hands.
Be advised that American will hold all responsible persons and entities fully accountable under the RLA and the APA/American collective bargaining agreement if there is a job action that disrupts American's operations and harms American's passengers. Be further advised that the RLA requires the APA, as the certified collective bargaining representative or American's pilots, to exert every reasonable effort to make and maintain its agreement with American and to settle all disputes, whether arising out of that agreement or otherwise, without interrupting American's operations. As you well know, this fundamental duty includes the affirmative obligation to take reasonable steps to prevent unlawful job actions from occurring. See Delta Air Lines, Inc. v. ALPA, 238 F.3d 1300, 1309 (11th Cir. 2001), cert. denied, 532 U.S. 1019 (2001); United Air Lines, Inc. v. IAM, 243 F.3d 349, 363 (7th Cir. 2001) cert denied, 534 U.S. 889 (2001).
Accordingly, we ask that the APA immediately issue a communication (by electronic means and hard copy) to all of the American pilots that it represents: (1) directing the pilots to cease and desist from planning, encouraging or engaging in any sick-out, slow down or other form of unlawful self help; (2) stating affirmatively that the APA will initiate disciplinary proceedings against any member who refuses to comply with the cease and desist directive or otherwise engages in an unlawful job action against American and, (3) explaining that the APA expressly disavows any and all communications made by the PDP, or by pilots who claim to be affiliated with the PDP, that purport to encourage other pilots to engage in a sick-out, slowdown or other form of unlawful self help.
In addition to seeking injunctive relief under the RLA, be further advised that we will also deem any job action or disruption to be in breach of the APA/American collective bargaining agreement for which we will seek a compensatory remedy in a proceeding before the System Board of Adjustment. We will seek to recover our lost revenues, our lost profits and the attorneys fees we expend in securing an injunction to halt the job action. While compensatory damages will never fully rectify the harm caused by an unlawful job action, we suspect that your membership would regard a significant monetary award to be a materially negative development. Please consider that point when the competing voices in your organization tell you that the APA can't stop a "grass roots" protest.
Sincerely,
/signed/
Mark Burdette
P.O. Box 619616 DFW Airport, Texas75261 -9616
cc: The pilots of American Airlines
Threats and Insults
Fellow Pilots,
Yesterday, Mark Burdette personally delivered to the Association what management has characterized as a “warning letter.” This letter is better described as a “threatening letter.” I have attached both Mr. Burdette’s letter and my response.
As you read Mr. Burdette’s letter, you will likely feel the same outrage as I did at its insulting and downright arrogant tone. Management is either displaying – once again – their persistent inability to address employees’ legitimate outrage over executive bonuses, or they are perhaps trying to goad pilots into the very behavior management allegedly seeks to forestall. I’ll let you be the final judge, but don’t take the bait.
If you are not scheduled to fly on April 18, the best thing you can do is attend the National Rally and March to show management that pilots are not only incensed at management’s continually self-centered and insulting behavior, but that we also know how to legally show that outrage. We all know from past experience that any illegal activity will only weaken our institution and hamper APA’s ability to serve your interests.
If you are scheduled to work next week, the best thing you can do is support our “Hats Off” campaign and show our passengers that we are dedicated professionals who have earned our rightful share of American Airlines’ improving financial performance. Carry yourself with pride even as our senior executives try to divert attention from their shame.
Thank you for your professionalism!
Sincerely,
Ralph
p.s. If you are planning on attending the Rally, please remember to RSVP. Hotel rooms are still available for either the night of the 17th or 18th. You can click hereto RSVP.
April 11, 2007
Captain Ralph Hunter, President
Allied Pilots Association
14600 Trinity Blvd., Suite 500
Ft. Worth, TX 76155
Re: Potential Job Action
Dear Captain Hunter:
American has received credible information that certain pilots represented by the APA, and others acting in concert with them, intend to participate in an illegal sick-out or engage in other forms of unlawful disruptive activity on or about April 18, 2007, in connection with a dispute about American's distributions under the 2004/2006 Performance Share Plan and/or other compensation policies. American has also received information that an organization known as Pilots Defending the Profession ("PDP") which apparently is an ally of the APA with respect to their opposition to the Performance Share Plan distributions, and which includes as its members many American pilots represented by the APA, is also planning or encouraging pilots to engage in similar unlawful activities.
Rather than utilizing the mandatory dispute resolution procedures set forth in the Railway Labor Act ("RLA"), 45 U.S.C. § 151 et seq., to attempt to resolve this dispute, it appears that these pilots and the PDP intend to disrupt American's operations and inflict harm upon the traveling public in an attempt to force American to accede to their positions in this matter.
We are now in the collective bargaining process governed by Section 6 of the RLA. APA has every right to press its demands for restoration of pay and benefits through that process. Instead of collective bargaining proposals, however, all we see emanating your organization are exhortations to pilots to let management know that "We want our money back;" that "Now, it is time to get our money back;" and that pilots must be "willing to do what is necessary to achieve that end." Given the prior history of illegal job actions on this property and in your work group in particular, it should come as no surprise that some members of your organization view APA rhetoric as no-so-subtle directive to take matters into their own hands.
Be advised that American will hold all responsible persons and entities fully accountable under the RLA and the APA/American collective bargaining agreement if there is a job action that disrupts American's operations and harms American's passengers. Be further advised that the RLA requires the APA, as the certified collective bargaining representative or American's pilots, to exert every reasonable effort to make and maintain its agreement with American and to settle all disputes, whether arising out of that agreement or otherwise, without interrupting American's operations. As you well know, this fundamental duty includes the affirmative obligation to take reasonable steps to prevent unlawful job actions from occurring. See Delta Air Lines, Inc. v. ALPA, 238 F.3d 1300, 1309 (11th Cir. 2001), cert. denied, 532 U.S. 1019 (2001); United Air Lines, Inc. v. IAM, 243 F.3d 349, 363 (7th Cir. 2001) cert denied, 534 U.S. 889 (2001).
Accordingly, we ask that the APA immediately issue a communication (by electronic means and hard copy) to all of the American pilots that it represents: (1) directing the pilots to cease and desist from planning, encouraging or engaging in any sick-out, slow down or other form of unlawful self help; (2) stating affirmatively that the APA will initiate disciplinary proceedings against any member who refuses to comply with the cease and desist directive or otherwise engages in an unlawful job action against American and, (3) explaining that the APA expressly disavows any and all communications made by the PDP, or by pilots who claim to be affiliated with the PDP, that purport to encourage other pilots to engage in a sick-out, slowdown or other form of unlawful self help.
In addition to seeking injunctive relief under the RLA, be further advised that we will also deem any job action or disruption to be in breach of the APA/American collective bargaining agreement for which we will seek a compensatory remedy in a proceeding before the System Board of Adjustment. We will seek to recover our lost revenues, our lost profits and the attorneys fees we expend in securing an injunction to halt the job action. While compensatory damages will never fully rectify the harm caused by an unlawful job action, we suspect that your membership would regard a significant monetary award to be a materially negative development. Please consider that point when the competing voices in your organization tell you that the APA can't stop a "grass roots" protest.
Sincerely,
/signed/
Mark Burdette
P.O. Box 619616 DFW Airport, Texas75261 -9616
cc: The pilots of American Airlines
