AAflyer
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- Nov 26, 2001
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Part II
Rumor: An APA phone tree was still advising pilots to stay out sick after the order, in violation of the TRO.
TRUTH: All APA sponsored and supported phone trees were halted at the issuance of the TRO. In fact, APA leadership contemplated using the trees to contact pilots and tell them to go back to work, but were advised not to do so by APA's legal counsel. The attorneys wanted to keep the “back to work” message standardized and handle all union communications/directives from APA headquarters. There were some individual pilots, however, who chose to continue making calls and posting messages detrimental to the union’s position on their own. One pilot even made a tongue-in-cheek threat against Kendall on a message board. He was immediately “interviewed” by federal law enforcement, and Kendall dismissed the matter with a shrug. Regardless, APA moved quietly to protect these pilots, and they were never named or deposed in the AMR lawsuit. Again, APA leadership took the heat while it also protected its membership.
There was a lot of energy and anger over AMR’s trampling of our contract during the Reno purchase- especially their refusal to admit they had busted Scope. However, APA’s actions forced AMR to finally admit to the violation. APA won a related arbitration "on the courthouse steps" establishing the “date of control“- the literal point in time when AMR owned and operated Reno and was obliged to honor our Scope clause. That proved the fact of AMR’s breach of Scope, as well as their intentional refusal to comply with the contract. APA had offered to give management temporary exceptions to cover the Reno integration in exchange for agreement on the date of control issue. AMR steadfastly refused, right up to the point where they reversed course and conceded the issue outside the arbitrator‘s office.
Rumor: APA’s pilots returned to the line in greater numbers only after the contempt ruling- not in response to any effort by APA to get them back to work.
TRUTH: The damage award (not “fine”) was issued a few days after the TRO. The pilots only cleared sick and returned to work as their next trips came up, and only after management fixed the AVRS problems that were preventing many pilots from clearing the sick list in the first place. Kendall erroneously (intentionally?) decided that all pilots should be expected to clear sick immediately and return to their trips in mid sequence. He would not listen to APA’s explanations as to how that wasn't possible. American had many crews available to fly, but chose not to assign them, or canceled the flights while crews stood at the gates. AMR wanted to artificially inflate Kendall ’s damage award as much as possible. Additionally, many pilots didn't want to clear sick immediately out of concern that they would be marked as a “sickout supporter” by management. Kendall , of course, ignored these facts when he opined that it was his “contempt“ ruling, and not the union’s efforts to follow the TRO, that ultimately ended the sickout.
Rumor: Kendall “fined” the union 45.5 million dollars
TRUTH: Kendall only “fined” two individuals. APA President Capt Rich LaVoy was fined $10,000 and APA Vice-President Capt Brian Mayhew was fined $5,000, for their “roles” as principal leaders of APA. Ironically, neither had anything to do with the job action. It was entirely planned and conducted by the APA Board. They were held liable for the alleged “contempt”, not the job action. Again, the individual fines (2) and the damage award were for the 48 hours of alleged”contempt”.
The $45.5 million figure refers to the civil damages Kendall awarded AMR as a result of their their lawsuit against APA. The amount was to cover the cost (to AMR) for the 48 hours the airline’s schedule did not reflect, in Kendall ’s opinion, a return to “normal operations“. Indicative of Kendall ’s reckless disregard for the facts, both LaVoy and Mayhew were held jointly liable as head officers of APA when in fact they were not the men who were responsible for the job action. To their permanent credit, they did not “cut and run“ but instead stoically endured considerable personal abuse and invective from a disgracefully unprofessional judge during multiple appearances in his “court”. Unlike the current APA National Officers, these men stood tall in defense of our pilot group-no matter how tough the going got.
In the years since, both Darrah and Hunter intentionally mislabeled the damage award as a “fine” in an effort to smear those APA leaders who did not break the law, and did not falter in the defense of APA’s membership. The fact is there never was a $45.5 million “fine“.
Rumor: The TRO, lawsuit and damages were unprecedented in APA’s history.
TRUTH: APA had another TRO imposed in December 1990 when Crandall took out the AApology ad in newspapers across the country, inaccurately accusing AA pilots of a job action. AMR sought (and got) another judge’s cooperation, and a TRO was issued accusing APA of doing something it hadn't done. The schedule disruption in that instance was the result of pilots calling in sick over the holidays and the reality of over 400 more pilots being called to active duty for service in Desert Storm. AMR had failed to plan for the military call ups, despite the fact they knew about the mobilization well in advance. Instead, AMR did what they are good at --they sued APA for $25 million in damages for the schedule disruptions caused by management’s own incompetence. Then Crandall took out a national ad vilifying his pilots for his own mistakes, amateurishly referring to APA as the “Airline Pilots Association”. ALPA was not amused. Ultimately, as in 2000, the specious damage award was eliminated in negotiations as AMR and APA moved to clear the table of old baggage and get new agreements completed.
Rumor: “Fines and Damage Awards---they're all the same thing.”
TRUTH: You hear this from guys who get caught in the act of trying to pass one off as the other. In fact, they’re very, very different, and it‘s an important distinction to understand when it comes to labor disputes. When Hunter and his supporters refer to the damage award as a “fine“, it’s a deliberate effort on their part to mislead the membership and smear the APA officers who stood up to protect APA’s pilots during the Reno assault. They think that by using a term that makes it “sound” like APA broke the law they can somehow damage the credibility or reputations of those who lead APA in the past. Normally, this kind of deception and dishonesty is the trademark of AMR management. The facts, which Hunter is aware of, is that a “fine” is levied for a violation of law, paid immediately, and never recovered. A civil damage award is part of a verdict in a lawsuit that is subject to appeal or a negotiated settlement. It is a civil remedy that is frequently reduced or eliminated during subsequent negotiations. In most job actions, management will immediately seek a TRO and sue for damages in an attempt to leverage a union. As a practical reality, many of these damage awards are forgiven or settled for a fraction of their original value. After a job action is over, any damage award has limited leverage for management and is often an impediment to further negotiation that may be necessary between the parties. That was precisely the case with AMR and APA after the Reno event, and one reason why AMR was eager to “settle” the damages and move on to new business with APA once the Scope fight was concluded. There was no need to ever transfer millions of dollars out of APA’s treasury over to AMR. Only John Darrah’s failed leadership made that a reality.
Rumor: Nothing was accomplished by the Reno job action.
TRUTH: Prior to the job action, Carty stated he needed up to five years to fully merge Reno into AA and bring their pilots under the APA contract- despite the fact that former Reno managers who transferred to AMR were immediately put on the AA’s executive compensation program. The job action that shut down the airline finally forced Carty to do what he had angrily refused to do until then-- immediately apply APA pay and contractual provisions to Reno pilots. Instead of the five years Carty insisted it would take, Reno was fully integrated in 10 months. AA F/Os upgraded to AA Captain seats to fill the former Reno seats. Reno pilots were afforded their first union contract and a financial package that they had never experienced. APA forcefully defined the 100% nature of Scope, then compelled management to concede that the “date of control” was the day AMR bought the carrier, not years later when they were merged- which AMR tried to claim. “Date of control” is critical to any Scope dispute-and it’s now clearly defined as a result of management’s concession brought about by the overwhelming leverage applied by APA’s pilots.
Rumor: The APA leaders from the Reno Air days think the only way to negotiate is to strike AA.
TRUTH: Nonsense. APA leadership at the time (including Captain Steve Roach) repeatedly offered negotiated solutions to AMR management prior to the purchase of Reno Air. They offered these solutions to AMR even after the purchase and during the initial weeks of the ongoing Scope violation. When AMR made it clear they would continue the violation unabated, APA responded in several avenues.
Rumor: An APA phone tree was still advising pilots to stay out sick after the order, in violation of the TRO.
TRUTH: All APA sponsored and supported phone trees were halted at the issuance of the TRO. In fact, APA leadership contemplated using the trees to contact pilots and tell them to go back to work, but were advised not to do so by APA's legal counsel. The attorneys wanted to keep the “back to work” message standardized and handle all union communications/directives from APA headquarters. There were some individual pilots, however, who chose to continue making calls and posting messages detrimental to the union’s position on their own. One pilot even made a tongue-in-cheek threat against Kendall on a message board. He was immediately “interviewed” by federal law enforcement, and Kendall dismissed the matter with a shrug. Regardless, APA moved quietly to protect these pilots, and they were never named or deposed in the AMR lawsuit. Again, APA leadership took the heat while it also protected its membership.
There was a lot of energy and anger over AMR’s trampling of our contract during the Reno purchase- especially their refusal to admit they had busted Scope. However, APA’s actions forced AMR to finally admit to the violation. APA won a related arbitration "on the courthouse steps" establishing the “date of control“- the literal point in time when AMR owned and operated Reno and was obliged to honor our Scope clause. That proved the fact of AMR’s breach of Scope, as well as their intentional refusal to comply with the contract. APA had offered to give management temporary exceptions to cover the Reno integration in exchange for agreement on the date of control issue. AMR steadfastly refused, right up to the point where they reversed course and conceded the issue outside the arbitrator‘s office.
Rumor: APA’s pilots returned to the line in greater numbers only after the contempt ruling- not in response to any effort by APA to get them back to work.
TRUTH: The damage award (not “fine”) was issued a few days after the TRO. The pilots only cleared sick and returned to work as their next trips came up, and only after management fixed the AVRS problems that were preventing many pilots from clearing the sick list in the first place. Kendall erroneously (intentionally?) decided that all pilots should be expected to clear sick immediately and return to their trips in mid sequence. He would not listen to APA’s explanations as to how that wasn't possible. American had many crews available to fly, but chose not to assign them, or canceled the flights while crews stood at the gates. AMR wanted to artificially inflate Kendall ’s damage award as much as possible. Additionally, many pilots didn't want to clear sick immediately out of concern that they would be marked as a “sickout supporter” by management. Kendall , of course, ignored these facts when he opined that it was his “contempt“ ruling, and not the union’s efforts to follow the TRO, that ultimately ended the sickout.
Rumor: Kendall “fined” the union 45.5 million dollars
TRUTH: Kendall only “fined” two individuals. APA President Capt Rich LaVoy was fined $10,000 and APA Vice-President Capt Brian Mayhew was fined $5,000, for their “roles” as principal leaders of APA. Ironically, neither had anything to do with the job action. It was entirely planned and conducted by the APA Board. They were held liable for the alleged “contempt”, not the job action. Again, the individual fines (2) and the damage award were for the 48 hours of alleged”contempt”.
The $45.5 million figure refers to the civil damages Kendall awarded AMR as a result of their their lawsuit against APA. The amount was to cover the cost (to AMR) for the 48 hours the airline’s schedule did not reflect, in Kendall ’s opinion, a return to “normal operations“. Indicative of Kendall ’s reckless disregard for the facts, both LaVoy and Mayhew were held jointly liable as head officers of APA when in fact they were not the men who were responsible for the job action. To their permanent credit, they did not “cut and run“ but instead stoically endured considerable personal abuse and invective from a disgracefully unprofessional judge during multiple appearances in his “court”. Unlike the current APA National Officers, these men stood tall in defense of our pilot group-no matter how tough the going got.
In the years since, both Darrah and Hunter intentionally mislabeled the damage award as a “fine” in an effort to smear those APA leaders who did not break the law, and did not falter in the defense of APA’s membership. The fact is there never was a $45.5 million “fine“.
Rumor: The TRO, lawsuit and damages were unprecedented in APA’s history.
TRUTH: APA had another TRO imposed in December 1990 when Crandall took out the AApology ad in newspapers across the country, inaccurately accusing AA pilots of a job action. AMR sought (and got) another judge’s cooperation, and a TRO was issued accusing APA of doing something it hadn't done. The schedule disruption in that instance was the result of pilots calling in sick over the holidays and the reality of over 400 more pilots being called to active duty for service in Desert Storm. AMR had failed to plan for the military call ups, despite the fact they knew about the mobilization well in advance. Instead, AMR did what they are good at --they sued APA for $25 million in damages for the schedule disruptions caused by management’s own incompetence. Then Crandall took out a national ad vilifying his pilots for his own mistakes, amateurishly referring to APA as the “Airline Pilots Association”. ALPA was not amused. Ultimately, as in 2000, the specious damage award was eliminated in negotiations as AMR and APA moved to clear the table of old baggage and get new agreements completed.
Rumor: “Fines and Damage Awards---they're all the same thing.”
TRUTH: You hear this from guys who get caught in the act of trying to pass one off as the other. In fact, they’re very, very different, and it‘s an important distinction to understand when it comes to labor disputes. When Hunter and his supporters refer to the damage award as a “fine“, it’s a deliberate effort on their part to mislead the membership and smear the APA officers who stood up to protect APA’s pilots during the Reno assault. They think that by using a term that makes it “sound” like APA broke the law they can somehow damage the credibility or reputations of those who lead APA in the past. Normally, this kind of deception and dishonesty is the trademark of AMR management. The facts, which Hunter is aware of, is that a “fine” is levied for a violation of law, paid immediately, and never recovered. A civil damage award is part of a verdict in a lawsuit that is subject to appeal or a negotiated settlement. It is a civil remedy that is frequently reduced or eliminated during subsequent negotiations. In most job actions, management will immediately seek a TRO and sue for damages in an attempt to leverage a union. As a practical reality, many of these damage awards are forgiven or settled for a fraction of their original value. After a job action is over, any damage award has limited leverage for management and is often an impediment to further negotiation that may be necessary between the parties. That was precisely the case with AMR and APA after the Reno event, and one reason why AMR was eager to “settle” the damages and move on to new business with APA once the Scope fight was concluded. There was no need to ever transfer millions of dollars out of APA’s treasury over to AMR. Only John Darrah’s failed leadership made that a reality.
Rumor: Nothing was accomplished by the Reno job action.
TRUTH: Prior to the job action, Carty stated he needed up to five years to fully merge Reno into AA and bring their pilots under the APA contract- despite the fact that former Reno managers who transferred to AMR were immediately put on the AA’s executive compensation program. The job action that shut down the airline finally forced Carty to do what he had angrily refused to do until then-- immediately apply APA pay and contractual provisions to Reno pilots. Instead of the five years Carty insisted it would take, Reno was fully integrated in 10 months. AA F/Os upgraded to AA Captain seats to fill the former Reno seats. Reno pilots were afforded their first union contract and a financial package that they had never experienced. APA forcefully defined the 100% nature of Scope, then compelled management to concede that the “date of control” was the day AMR bought the carrier, not years later when they were merged- which AMR tried to claim. “Date of control” is critical to any Scope dispute-and it’s now clearly defined as a result of management’s concession brought about by the overwhelming leverage applied by APA’s pilots.
Rumor: The APA leaders from the Reno Air days think the only way to negotiate is to strike AA.
TRUTH: Nonsense. APA leadership at the time (including Captain Steve Roach) repeatedly offered negotiated solutions to AMR management prior to the purchase of Reno Air. They offered these solutions to AMR even after the purchase and during the initial weeks of the ongoing Scope violation. When AMR made it clear they would continue the violation unabated, APA responded in several avenues.