APA/AMR Set A Dangerous Precedent

[FurloughedAgain]

The following is the CRJ-700 agreement made between the APA and AMR. This sets a frightening precedent. Hopefully ALPA will move quickly to attempt to defend the Eagle pilots.

Agreement on CRJ-700 Aircraft and Supplement W Settlement
This Agreement is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between American Airlines, Inc., hereinafter known as the “Company” and the Air Line Pilots in the service of the Company as represented by the Allied Pilots Association, hereinafter known as the APA.

Whereas the Association and the Company have agreed that in the future, Commuter Air Carriers operating under Section 1.D. of the Agreement shall utilize only aircraft that are not certificated in the United States or Europe with a maximum passenger capacity of more than 50 seats and that are not certificated in any country with a maximum gross takeoff weight of more than 65,000 pounds;

Whereas American Eagle Airlines currently has twenty five CRJ-700 aircraft in service or on firm order, and also has options on an additional twenty five CRJ-700 aircraft;

Whereas the parties have agreed to settle certain Grievances dated November 8, 2001 and November 30, 2001 under Supplement W to the Agreement on the terms contained herein and in the accompanying “Small Jets” Letter of Agreement;
Now, therefore, the parties hereby agree to the following:

1. The Company and APA shall have one year from [DOS] to meet and negotiate in good faith the transfer of the CRJ-700 aircraft currently in service, on order, or on option at American Eagle to the Company’s operating certificate in a manner that shall be cost-neutral as to labor costs under collective bargaining agreements.

2. The APA hereby grants to the Company an exception from the 50 seat, 65,000 pound limitations on aircraft at American Eagle during the time period of negotiations pursuant to paragraph 1, above, and for one year after reaching agreement with the APA under paragraph 1, above, in order to effect the transfer to the Company’s operating certificate of all CRJ-700 aircraft operated by the Company or an Affiliate.

3. If the parties fail to reach agreement pursuant to paragraph 1, above, furloughed American pilots shall occupy the CRJ Captain positions at American Eagle so long as any American pilots are on furlough; the parties shall meet to discuss how best to implement the parties present intention to secure CRJ-700 flying at the Company and its Affiliates to American Airlines pilots; and the Company shall have an exception to keep the affected CRJ-700 aircraft at American Eagle pending the resolution of that issue.

4. Furloughed American Airlines pilots shall displace into CJ Captain positions on the CRJ-700 at American Eagle under the terms of Supplement W to the Agreement; such displacement shall encompass all CJ Captain positions currently occupied by Eagle CJ Captains and subject to displacement under the terms of Supplement W.

5. Furloughed American Airlines pilots shall be recalled into vacant CJ Captain positions created by the receipt of new CRJ-700 aircraft at American Eagle pursuant to the terms of Supplement W. All furloughed American Airlines pilots shall be eligible for such recall to American Eagle in accordance with their American Airlines seniority, regardless of whether they have previously occupied the CJ Captain bid status at American Eagle.

6. A furloughed American Airlines pilot shall be recalled into each vacant CJ Captain position created by the receipt of a new EMB-145 aircraft at American Eagle pursuant to the terms of Supplement W, provided that the addition of that aircraft results in an increase in the overall American Eagle fleet count. All furloughed American Airlines pilots shall be eligible for such recall to American Eagle in accordance with their American Airlines seniority, regardless of whether they have previously occupied the CJ Captain bid status at American Eagle. Furloughed American Airlines pilots waive their right to any further displacements and recalls into EMB-145 aircraft after DOS.

For the American Airlines, Inc. For the APA
_____________________________ __________________________

 

[FurloughedAgain]

Dangerous Precedent (Continued)

Small Jets Agreed Terms

1. The Company will run a Master Shuffle bid run which will indicate the following:

a. Furlough Candidates/Numbers
b. Overage Bid Statuses

2. Implementation will be as follows:
a. Potential furlough candidates will be identified through the Master Shuffle.

b. Based on the number of potential furloughees and their seniority, current (in existing aircraft) and future (in aircraft on order/option) AE CJ CA positions available for bid will be identified.

c. CJ CA positions will be proffered to all potential furloughees. Positions will be identified by equipment type (i.e. CJ70, EMB145) and furloughees will be able to bid each equipment type separately. Any bid placed by a pilot shall remain in effect (even while the pilot is on furlough) until removed by the pilot.

d. The group of potential furloughees who have bid AE CJ CA will be ranked in seniority order.

e. AE CJ CA positions will be awarded in seniority order of those pilots designated in 2.e. until all positions are filled.

f. Training for the AE CJ CA positions will occur in reverse seniority order among those awarded AE CJ CA positions, subject to the following:

i. AA bid statuses will be identified and listed by level of overage. If a bid status contains a pilot or pilots that can be displaced or furloughed, it shall be considered an “Overage Bid Status.”

ii. Pilots in Overage Bid Statuses who have bid AE CJ CA positions will be designated “Overage Pilots.”

iii. Overage Pilots will be awarded an AE CJ CA training date based on AE training availability. AE CJ CA training cycles will be used for Overage Pilots to the maximum extent possible. If one bid status has more Overage Pilots, the Company may elect to award an AE CJ CA position and training slot to a more senior Overage Pilot before a more junior Overage Pilot.

g. Any pilot sent to AE CA CJ training who has a junior pilot holding an AE CJ CA award remaining at AA will be pay protected in their prior bid status until such time as there are no junior pilots holding AE CJ CA awards remaining in the AA system.

h. If a pilot holding an AE CJ CA award is furloughed with a junior AA pilot in an AE CJ CA position or in AE CJ CA training, such pilot will be pay protected until beginning training at AE. Such pay protection will consist of the average monthly scheduled AE CJ CA block hours, or monthly reserve guarantee for the highest AE CJ bid, whichever is greater.

3. All furloughed pilots are entitled to furlough pay as per contractual provisions.

a. In the event of 2.i. above, a pilot will receive pay protection compensation or furlough pay, whichever is greater. Once furlough pay expires, the pilot will continue to receive pay protection compensation until they begin training at AE.

4. Furloughed pilots with bid awards at AE will continue to receive furlough pay until receiving pay at AE or until contractual expiration of furlough pay, whichever occurs first.

5. Training Freeze

a. AA furloughees trained to an AE CJ CA position will incur a training freeze identical to that for AE CJ CAs in Supplement W.

6. In the event that there is an open CJ CA position (or AA CRJ70 FO position) and no active AA pilot has rights to the position:

a. Any AA furloughee in AE CJ CA positions that are not serving a lock-in will be proffered any open AA CRJ70 positions. Their ability to be awarded this bid may be limited by an AE exit metering rate. If bypassed because of metering, the pilot will be pay protected.

b. AA furloughed pilots will be recalled in seniority order to AA CRJ70 Positions

c. If no AA CRJ70 positions exist, then AA furloughed pilots will be proffered available AE CJ CA positions based on a pilot’s standing bid ballot. These positions must be:

i. created by the addition of a new AE CJ provided that the addition of that aircraft results in an increase in the overall American Eagle fleet count or,

ii. occupied by a furloughed AA pilot or,

iii. an AE CRJ70 position occupied by a non-Eagle Rights AE CA.

d. Once proffered a recall to an AA CRJ70 position, AA pilots may defer as per current GB. If proffered an AE CJ CA position, AA pilots may defer as per Supplement W.

e. If an AA pilot accepts an AE CJ CA position, he or she will incur a lock-in of 24 months that may allow a more junior pilot to be recalled directly to AA.

7. Pilots furloughed due to lack of training availability will be treated as if they had uninterrupted employment with AMR for the purposes of vacation accrual and any other benefits, consistent with corporate policy.

8. Metered Rate for Exit from AE

a. When AA pilots are recalled to the mainline, they will be allowed to exit AE at a rate of a maximum of 20 per month.

9. If and when the CRJ70 is moved to the AA operating certificate, the disposition of AE rights CAs will be determined by APA and ALPA.

10. Under the AA operating certificate, the CRJ70 Pay, Benefits and Work Rules will be negotiated as per the Letter of Understanding

 

[FurloughedAgain]

Jets For Jobs Protocols at American

May 1, 2003
Captain John E. Darrah
President
Allied Pilots Association
14600 Trinity Boulevard, Ste 500
Fort Worth, TX 76155

Re: Process For Reaching Jets for Jobs Protocols for Commuter Air Carriers

Dear Captain Darrah:

This letter confirms the parties’ agreement to establish a process of mediation-interest arbitration to reach Jets for Jobs Protocols for Commuter Air Carriers that become Affiliates of the Company but are not majority-owned, and Commuter Air Carriers that are not Affiliates but which enter into franchise-type agreements with the Company.

1) The Company shall notify the Association at least 30 days in advance of entering into a relationship under Section 1.D. of the Basic Agreement with a non-owned Commuter Air Carrier.

2) The Company and the Association will discuss the proposed relationship for a period of 30 days after the notice in order to reach an agreement on a “Jets for Jobs Protocol” that will provide furloughed American Airlines pilots access to incremental Commuter Jet Captain positions at the Commuter Carrier. The parties do not intend these discussions to encompass subjects unrelated to a “Jet for Jobs Protocol” and the implementation of the proposed relationship.

3) The parties will engage a mediator/interest-arbitrator to facilitate their discussions. The mediator/arbitrator will be selected by agreement from a list of interest arbitrators knowledgeable about airline pilot collective bargaining agreements. If the parties have not reached agreement within the 30 day period, the mediator/arbitrator will resolve the outstanding issues by issuing an award within 10 days after the conclusion of the 30 days period.

4) In forming the award, the arbitrator will utilize the terms of the then-existing Jets for Jobs type protocols in the airline industry. The Arbitrator will apply those agreements to establish an industry standard Jets for Jobs protocol for the period of that agreement that is fair to the pilots and the Company.

5) The subjects to be considered by the parties and submitted to the arbitrator, if agreement cannot be reached, shall include, but not be limited to:

a. The pilots covered by the Protocol;
b. The vacancies and/or positions at the Commuter Air Carrier covered by the Protocol;
c. Qualifications and eligibility issues;
d. Procedures for awarding, accepting, and/or rejecting positions;
e. Rates of Pay;
f. Administration of the program pursuant to the Protocol; and
g. Information sharing.

6) The interest arbitration will be pursuant to the Railway Labor Act.

7) The arbitration award will be final and binding. The interest arbitrator will retain jurisdiction to resolve questions and disputes about the implementation of his award.

Sincerely,

Mark L. Burdette
Managing Director, Employee Policy and Relations

Agreed:

Captain John E. Darrah

 

[Brother Francis]

This is authentic, right? Not a hoax or flame bait?

Good Lord; what is the world coming to? 2 years ago, the ML pilots thought RJ's were something to be scraped off their shoe with a stick.

What a pack of jackals we all are.

 

[surplus1]

The following is the CRJ-700 agreement made between the APA and AMR. This sets a frightening precedent. Hopefully ALPA will move quickly to attempt to defend the Eagle pilots.

Normally your posts are well reasoned and I enjoy them very mucn. This time, you are making me wonder about your expressed hope. There are many questions I would like to ask you but, for now, I'll keep it simple.

Given the record and history of the ALPA on related issues, what exactly makes you think that ALPA will do anything at all to "defend the Eagle pilots" against the very thing that the ALPA itself has been planning, advocating, trying to accomplish for a decade, and is currently attempting, in one form or another, at every regional carrier represented (oxymoron) by the ALPA?

 

[rjcap]

. The Company and APA shall have one year from [DOS] to meet and negotiate in good faith the transfer of the CRJ-700 aircraft currently in service, on order, or on option at American Eagle to the Company’s operating certificate in a manner that shall be cost-neutral as to labor costs under collective bargaining agreements.

"COST NEUTRAL." ???????

Can somebody explain how this transfer of aircraft can be accomplished under a cost neutral requirement ?

 

[surplus1]

"COST NEUTRAL." ???????

Can somebody explain how this transfer of aircraft can be accomplished under a cost neutral requirement ?

I'll give it a shot.

A. The APA negotiates a Letter of Agreement with AMR.

B. They agree to fly these aircraft for wages lower than or equal to the current Eagle wages. Keep in mind that the AE pilots flying the CRJ-700 are Eagle's most senior, at the top of the pay scales. The furloughed AA pilots are their most junior and would be at or near the bottom of the AE pay rates, given their limited longevity. (As an aside, most of them are really TWA pilots and we already know what AA thinks of them.)

C. They agree to forego their pension, other benefits that cost more, and work rules that cost more.

D. They negotiate an agreement with AMR that lowers the pay rates of other AA employees to match those of Eagle. After all if they can negotiate for the Eagle pilots, who are not represented by the APA, why can't they also negotiate for the IAM, TWU and other APFA? More simply, subcontract with Eagle to handle all the ground services that this fleet may require.

In other words, they will undercut the Eagle pilots by whatever is necessary to steal the flying by presenting a lower bid. In turn, the Eagle pilots will have to make concessions of their own in an attempt to keep their flying.

The race to the bottom has begun and AMR is the winner! There is no limit to what the APA may do to eliminate Eagle. They have made that clear for years.

If the AE pilots have failed to recognize that reality it only means that they are just like other regional pilots who believe that the ALPA isn't doing the very same thing to them.

PS. I wonder how the APA would react if the Eagle pilots made a counter proposal to AMR in which the offer to fly those DC-9's for 1/2 of whatever AA pilots are willing to fly them for? If we're going to have a bidding war, we might as well make it interesting.

 

[FlyDeltasJets]

PS. I wonder how the APA would react if the Eagle pilots made a counter proposal to AMR in which the offer to fly those DC-9's for 1/2 of whatever AA pilots are willing to fly them for? If we're going to have a bidding war, we might as well make it interesting.

They couldn't do that as long as the AA pilots keep that little thing called scope...you know, the thing your group is trying to destroy.

If you succeed, well, I would imagine that the counterproposals you suggest would come fast and furious, to all of our detriment.

 

[surplus1]

They couldn't do that as long as the AA pilots keep that little thing called scope...you know, the thing your group is trying to destroy.

Really? In that AMR has just negotiated and agreement with the APA that appears to violate the RLA and the Eagle PWA, why couldn't they negotiate one with AE that violates the AA PWA?

The DMEC has had no problem negotiating agreements that violate the ALPA Constitution in the past, so why is it now not OK for someone else to violate it in the future? Actually that shouldn't be a problem at all. You do have a union to protect your interests, we do not. We're just dumb enough to pay dues to one so we can't realy violate something that doesn't apply to us. Can we?

"What's sauce for the goose is sauce for the gander.", my friend.

If you succeed, well, I would imagine that the counterproposals you suggest would come fast and furious, to all of our detriment.

Hmmm. How come it's "our" detriment when something we might do potentially endagers your welfare, but it's A-OK when something you might do potentially steals our seniority, our jobs and decimates our contract? Am I getting another dose of the double standard? "White man speaks with forked tongue."

I say bring on your counter proposals. You don't give a dam* what happens to us, so you should not be surprised if the feeling is mutual. Sometimes it becomes necessary to "fight fire with fire" or in the more modern vernacular "what goes around comes around." That time may well be now.

 

[bvt1151]

First of all, I don't agree with the RJDC...entirely.

However they are inevitable. The Delta pilots have used the Connection pilots as bargaining tools in a way that directly violates ALPA bylaws. Total and complete misrepresentation, and DALPA is trying to save their own income by forcing predatory scope and j4j-esque contracts down the little guy's throats. You can only push somebody so far until they snap...enter the RJDC.

Unfortunately the Eagle pilots had no way of stopping the hammer from coming down on them since they belong to a different union than AMR. Comair and ASA, however, belong to the same union as Delta pilots; A union which promises fair representation per pilot group, not per income level.

Behnke formed ALPA with the promise of protecting the little guy from the money-hungry beauracracy.
Who protects the little guy when ALPA becomes the money-hungry beauracracy?

 

[surplus1]

Who protects the little guy when ALPA becomes the money-hungry beauracracy?

The little guy must protect himself. That is why the little guys formed the RJDC and are trying to protect themselves.

 

[FlyDeltasJets]

Please. The little guy has been given our flying for years now while mgt shrinks us. It is we who need protection from you, and I am gladdened that ALPA is finally doing in response. It took too long, and it does not go far enough, but it is a start.

 

[FurloughedAgain]

Surplus

Dear Surplus,

Surplus says, " what exactly makes you think that ALPA will do anything at all to "defend the Eagle pilots"

Sarcasm is difficult to convey on an internet message board and my post was, indeed, laced with sarcasm but also with the understanding that the APA/AMR/ALPA tinderbox has the potential to set some very powerful precedent.

You see, in the AMR/Eagle "battle", ALPA will be fighting against APA. They have a duty of fair representation to the Eagle pilots -- no small group. While arguably the Eagle pilots are not the financial windfall to the association that converting APA would be, I believe that Duane Woerth and the Board of Directors are quite aware that every so-called "regional" airline in the western hemisphere is carefully watching what happens.

If he and the association elect to sacrifice their duty to represent the Eagle pilots instead attempting to bring APA back into the fold, he will face a much larger lawsuit than that being brought by RJDC.

If he chooses to put the legal power of the association fully behind the Eagle pilots (as would be required to prevent the landgrab being attempted by APA) then he will set precedent which will dramatically change the landscape of the RJDC lawsuit.

Finally the conflict of interest that IS ALPA today will be forced to resolve itself. It may very well do so in civil war, but there are questions that have to be answered regardless of the consequences.

Is the association fairly representing the Eagle pilots? (or any "regional" pilot for that matter: PSA, Piedmont, Mesaba, Comair, ASA)

Is the association taking action to ensure that the careers of so-called "regional" pilots are not being negatively affected by the bargaining tactics of management, other pilot groups, or governmental interference?

Is the stability of the regional airline pilot's career being negatively impacted by the association due to bargaining tactics on other ALPA properties? If so, how is the association acting to mitigate these effects?

You see, ALPA has no choice but to fight on behalf of the Eagle pilots. That fight will change the association forever. The reason that we cant get along lies in the common truth that we are all very greedy regarding our jobs. I've sat on both sides of the fence and I assure you that the goal is the same -- keep the flying on the property. I would be deeply dissapointed if that goal were dismissed. I contend that ALPA is simply unable to negotiate for both "feeder" and "mainline". The conflict of interests lies in their own bylaws -- how can they protect the flying of both groups when the flying can no longer be defined? The only solution is for there to be only one group. ALPA, in their profound arrogance, dismissed that goal long ago.

Just one man's opinion of course.

*Notice I did not use the word "union" in this post -- ALPA is anything but united.

 

[bvt1151]

Well said, furloughed. Well said.

 

[General Lee]

I think Fly Delta jets has it right once again. The regional pilots cannot see that they have been the ones expanding while we at the majors have been contracting. Now we want a piece of the pie, not all of the pie, just our fair piece---which was originally flown by our own planes years ago. The regional pilots cry foul!!!! They can't take away our growth---that's not fair!!! Hello? Can't you see that that was OUR growth? We will have 1310 furloughees on June 1st. what should we do with them? Delta is buying your 70 seaters. Delta can do whatever they want---if the price is right. They want more than 57 of them, and they have more than that on order. We have people out of work, who want to get back into the right seat, or left seat. The regional pilots at ASA and Comair have ENJOYED huge expansion in the last two years, with many many upgrades etc. It is time to help our furloughed pilots. If you do not want to help the people on furlough, then you are just greedy. Thanks to Lawson and all of his cronies at Comair, we now want our union to ask Delta for the 70 seaters at Comair or ASA rates---whichever is higher. I think Delta could handle that, especially since the average years of service for the furloughees and the coresponding Capt and FO payscales for those years will be a bargain compared to the 15 year Capt's at Comair. Thanks Lawson.

Bye Bye---General Lee

 

[sleepy]

I think Fly Delta jets has it right once again. The regional pilots cannot see that they have been the ones expanding while we at the majors have been contracting. Now we want a piece of the pie, not all of the pie, just our fair piece---which was originally flown by our own planes years ago. The regional pilots cry foul!!!! They can't take away our growth---that's not fair!!! Hello? Can't you see that that was OUR growth? We will have 1310 furloughees on June 1st. what should we do with them? Delta is buying your 70 seaters. Delta can do whatever they want---if the price is right. They want more than 57 of them, and they have more than that on order. We have people out of work, who want to get back into the right seat, or left seat. The regional pilots at ASA and Comair have ENJOYED huge expansion in the last two years, with many many upgrades etc. It is time to help our furloughed pilots. If you do not want to help the people on furlough, then you are just greedy. Thanks to Lawson and all of his cronies at Comair, we now want our union to ask Delta for the 70 seaters at Comair or ASA rates---whichever is higher. I think Delta could handle that, especially since the average years of service for the furloughees and the coresponding Capt and FO payscales for those years will be a bargain compared to the 15 year Capt's at Comair. Thanks Lawson.

Bye Bye---General Lee

Ok General, If we (ASA and Comair) help you guys out , what is in it for us? I really don't see how we can help you, we are completely powerless. You can help yourselves, and I don't have a problem with your getting RJs on the mainline (helps us with the next PID), as long as you don't try to take anything we already have on our property. I would rather see DAL pilots getting the DCI growth than ACA, Skywest or Chit. At ASA our RJ order will be complete this year (per Skip), so our growth is done.

Was this an Eagle thread?

 

[General Lee]

Sleepy,

I have never advocated "taking" any of your 70 seaters. I just think we need to do something about the 1300 or so furloughees. You guys at ASA did help initially with allowing some (ok---13) of our pilots to join your ranks at the bottom of your list---which only helped your pilots, allowing our guys to fly your standups etc. The Comair MEC Chair was not helpful at all, and in the end will hurt his own pilots. I think our MEC and Delta management will negotiate something to get our furloughed pilots off the street and into cockpits at the right price for everyone. As far as helping your PID, I don't know if the rates would help you. When the hiring resumes in 4-5 years, the ASA pilots will be offered interviews, which may yield results in higher pay in your future at Delta. Right now we have to take care of our own---the 1300 pilots that Comair forgot about.

Bye Bye----General Lee

 

[FlyDeltasJets]

Right now we have to take care of our own---the 1300 pilots that Comair forgot about.

Bye Bye----General Lee

General,

I wish they just "forgot about us." If they did, some of our pilots might be flying for them right now. No, what they are doing is much worse. They are actively preventing their mgt from hiring Delta pilots. Somehow, it's ok when they do it, but when we threaten to retaliate in kind, we are in the wrong.

They allow our pilots to work there, we'll allow ours to work here. As it stands right now, I don't think we should ever hire another cmr pilot. That seems to be their wish, so there shouldn't be a problem.

Now back to the AMR discussion.

 

[embdrvr]

ALPA may surprise us all and show some muscle. After all there is no conflict of interest. They are not collecting huge amounts of dues money from AA pilots.

 

[RideandDrive]

As a Comair pilot, I say take the 70 seat airplanes. I'd like some preferential hiring at some point as it would be nice to escape Delta Connection and its low pay environment.

 

[General Lee]

Rideand drive,

Express your views to your MEC chair. He is currently deciding your future with Delta. Do you think he would ever want to be an FO on an MD88? Heck no. And that isn't good news for you.

Bye Bye--General Lee

 

[JumpJetter]

I didn't see anything about the 3000 hour requirement for Eagle Captains specified in the AE Part I. That kept quite a few guys from flowing back in the first wave after 9/11. Anybody know it it's still a requirement for the agreement?

JumpJetter

 

[surplus1]

Good Post (Yours) - Part 1 of 2

Sarcasm is difficult to convey on an internet message board and my post was, indeed, laced with sarcasm but also with the understanding that the APA/AMR/ALPA tinderbox has the potential to set some very powerful precedent.

So it is (sarcasm) and so it does (precedent). Unfortunately the only precedent likely to be set in this case is that it is perfectly acceptable for a mainline carrier's pilot group to do unto a regional carriers pilot group that which it deems appropriate at any given point in time. If Eagle loses this battle, that's the precedent we'll be left with. Not a pleasant prospect if you are not a mainline pilot.

You see, in the AMR/Eagle "battle", ALPA will be fighting against APA. They have a duty of fair representation to the Eagle pilots -- no small group. While arguably the Eagle pilots are not the financial windfall to the association that converting APA would be, I believe that Duane Woerth and the Board of Directors are quite aware that every so-called "regional" airline in the western hemisphere is carefully watching what happens.

Yes, if the ALPA "defends" the Eagle pilots it will be fighting against the APA and AMR (neither could do anything without the consent of the other). Should that "fight" take place in a court of law, ALPA lawyers will find themselves presenting opposing legal arguments in two separate Federal courts. That should thrill judges, and risks destroying ALPA's legal credibility completely. ALPA may have nefarious intent, but they are not stupid. They'll think twice before they rush to Eagle's defense.

It may surprise you but the fact is a huge percentage of ALPA's "Board of Directors" knows very little about what really goes on in the inner circles of the ALPA regime. They do not even have to be informed of what is going on unless it involves an amendment to the C&BL. They get lots of paper work, which most never read, and that seldom includes truly sensitive issues. Duane Woerth is of course "aware" and so are the MEC Chairmen of the "big five". They will no doubt be torn by these gut wrenching issues. [That's my attempt at sarcasm.] More likely than not they have already enjoyed several glasses of vintage wine and fine whiskeys in private celebration of the APA's victory over the peasants. Plausible deniability is of course well secured.

ALPA has been less than concerned about its DFR to CMR and ASA members, (some of whom are not happy about it and sued). ALPA has been less that concerned about it's DFR to members at ALG, PDT, PSA, MDW, MES, TSA, (none of whom seem to care)and less than concerned about its DFR to members at MSA and PCL (who appear to like it). Why then should ALPA suddenly become especially concerned about its DFR towards the members at Eagle? After all they've already won one lawsuit eminating from the Eagle group after a previous derilection of duty.

DFR litigation against a labor union is very difficult to win, cannot be brought by the Eagle MEC, but must be brought by individual or groupings of Eagle members, is extremely expensive and time consuming. Since ALPA itself did not do this to its own members at Eagle (the APA did), ALPA can shuffle a lot of papers, claim that "we can do nothing until you have actually been directly harmed", provide some lip service and a few feigned supportive press releases (carefully crafted to say nothing meaningful but sound terrific by its expert PR department) and drag it out as long as possible, meanwhile quietly working behind the scenes to "convince" the Eagle pilots that it is, after all, in their best interests to bite the bullet and accept the shafting. Should they succeed in convincing (or coercing as they did on the U property) the Eagle pilots into "agreeing" to this, they're home free.

If they ever get around to actually taking APA and AMR to court, the latter has a plausible out, by that time the Eagle pilots won't have much to fight over. Even if they should "win", reversing what happens after it has happened, is not what a court is likely to do (you can bet that ALPA will tell the Eagle MEC, very convincingly, all of those things. After all deterrence has merit, especially when its reward may well be the implementation of a procedure/policy/precedent that ALPA is known to favor and has itself supported and implemented, in very similar fashion, against its own membership.

Given the history of ALPA's assorted schemes that have been very unfavorable to many regional pilot groups in the past, and the total failure of all but one of those groups to take any serious action in its own defense or even protest audibly, I doubt Woerth is very worried about what regional pilots think about this or for that matter, anything else. Woerth is a politician and given the lack of political clout that regional pilots have within ALPA, he needn't worry much about what they might do, let alone what they may think. If he in fact does, it would amount to a 180* change of direction.

If he and the association elect to sacrifice their duty to represent the Eagle pilots instead attempting to bring APA back into the fold, he will face a much larger lawsuit than that being brought by RJDC.

Should the Eagle pilots sue ALPA, ALPA will argue in court, that it had every intention of defending Eagle to the best of its ability and the suit is "premature". Should that fail, ALPA will argue that the suit has no merit and move for dismissal and summary judgement. It will take a year before that motion even gets a full hearing. If the suit is allowed by the court to proceed, months will be absorbed in discovery before the trial begins. When a verdict is eventually entered, if it should be unfavorable to ALPA, there will be an appeal, more delays and higher costs. If ALPA can simply delay long enough and outspend the litigants, they may well lose interest and fade into the sunset. Should ALPA lose the appeal, depending on the penalty assessed, it may appeal yet again to a higher court. This process is like a popular soap opera, it almost never ends.

It takes a whole lot of fortitude, dedication, patience and money to win a DFR lawsuit. Do the Eagle pilots have that? I hope so, but I obviously don't know. There are about 2600 of them, at the moment, so if they all got on the bandwagon and stayed for the duration, at $10 bucks per capita per month, they could raise about $300K a year. That's enough to go forward with some good legal counsel. I certainly think they should try if they do not get a vigorous defense of their rights from ALPA.

If he chooses to put the legal power of the association fully behind the Eagle pilots (as would be required to prevent the landgrab being attempted by APA) then he will set precedent which will dramatically change the landscape of the RJDC lawsuit.

Such a "precedent" might well cause ALPA to lose the RJDC lawsuit. Do you really believe the DMEC will allow ALPA to do anything that might cause that to happen? I wouldn't bet much on that probability. Keep in mind that Delta has threatened to leave the ALPA if the union loses this case. If Delta leaves, so will the other big wigs. They can't maintain their lifestyle without Delta dues money. I hate being the proverbial pessimist but I don't see ALPA doing anything that might cause that to happen. They will risk 10 Eagle lawsuits before they risk that. "Power corrupts. Absolute power corrupts absolutely." ALPA is in a classic Catch 22. Dame*ed if it does (what it should for Eagle), dam*ed if it doesn't (offends mighty Delta). One thing I advise you never to do is underestimate the power of Delta within the Association.

Finally the conflict of interest that IS ALPA today will be forced to resolve itself. It may very well do so in civil war, but there are questions that have to be answered regardless of the consequences.

I doubt that the conflict will be resolved short of an edict from a Federal court. As for the Civil War, it is already in progress and will get bigger before it ends. Just my opinion.

Is the association fairly representing the Eagle pilots? (or any "regional" pilot for that matter: PSA, Piedmont, Mesaba, Comair, ASA)

In my opinion, the answer to all the above is one word, NO.

Is the association taking action to ensure that the careers of so-called "regional" pilots are not being negatively affected by the bargaining tactics of management, other pilot groups, or governmental interference?

Again, NO. The association fosters, supports, and overtly participates not only in the concept, but it the process of mainline MEC's using the livelihoods of regional pilot groups as bargaining chips, and openly consents and supports the idea that a mainline MEC may bargain for or away, the assets of a regional pilot group. The evidence of that is overwhelming. In so doing it also endorses by default the same action on the part of management. There is not much governmental interference, but ALPA does resist that.

Continued in Part 2

 

[surplus1]

Part 2 of 2

Is the stability of the regional airline pilot's career being negatively impacted by the association due to bargaining tactics on other ALPA properties? If so, how is the association acting to mitigate these effects?

Absolutely, and it is not by accident. The ALPA fully embraces the concept that a mainline bargaining strategy that results in defacto negotiations by the mainline group, for a regionl group, is not only permitted but advisable, regradless of how the result may impact the regional group. The Association is NOT acting to mitigate those effects, on the contrary it is the Association's policy that those effects are desirable. That is why I am so concerned about the Eagle pilots in this case. ALPA can hardly "preach" defending them, when it practices the very same thing that the APA has done, i.e., bargain on behalf of Eagle, without the consent or participation of the Eagle pilots. Wittness the rape of the U subsidiaries and subcontractors. Who is the rapist? ALPA. Will ALPA ever be "convicted" of those crimes? Of course not, they have succeeded in coercing the raped into agreeing that the sordid mess was consensual.

The ALG pilots picketed 1625 Massachusetts Avenue. I could alsmost see the smirks and here the derisive laughter from the penhouse as the watched from on high. That type of protest has no impact whatever on the minions of the ALPA and I sincerely hope that the Eagle pilots will elect a more effective response should it prove necessary to do so.

You see, ALPA has no choice but to fight on behalf of the Eagle pilots. That fight will change the association forever. The reason that we cant get along lies in the common truth that we are all very greedy regarding our jobs. I've sat on both sides of the fence and I assure you that the goal is the same -- keep the flying on the property. I would be deeply dissapointed if that goal were dismissed. I contend that ALPA is simply unable to negotiate for both "feeder" and "mainline". The conflict of interests lies in their own bylaws -- how can they protect the flying of both groups when the flying can no longer be defined? The only solution is for there to be only one group. ALPA, in their profound arrogance, dismissed that goal long ago.

I too have sat on both sides of the "fence". I think that the goal of "keeping the flying on the property" is not greedy but appropriate. The problem stems from ALPA's and the mainline groups joint but unwritten policy, which pretends that there is no flying on the regional side of the fence and there never was. It is difficult to envision a more biased and self-serving concept.

The apparent goal of the Association is to transfer the flying from one group to the other or if unable to do so, eliminate it or severely restrict it. Additionally, the Association acts directly to prevent the obviously natural intergration of multiple pilot groups on the same property (which would solve the problem by providing equal access to all of the flying by both parties), creates separate "classes" within the membership and then descriminates against the class it considers to be "lower". These actions are not subtle. They are open and overt. I would argue further that the flying can be defined. It has not been defined, only because ALPA supports the concept that one group is exclusively vested with the right to unilaterally and arbitrarily write the definition and draw the line, without the consent of the other. It even goes beyond that. ALPA also confers upon the most favored son (the mainline group) the unilateral "right", to redefine the flying and redraw the line at will, even if that results in the loss of flying previously "defined" as belonging to the less favored bastard step sons (regional group).

Amazingly, ALPA's legal team argues in one Federal court that the MEC's are autonomous and it lacks the power to control them. Simultaneously, ALPA argues in another Federal court that it alone is the bargaining power and posesses the legal right to reject the product of any bargaing when the results do not meet its approval. The courts held that the ALPA does have that power and authority.The dublicity of these legal arguments clearly demonstrate the ALPA's true intent as well as its allegiance. Having won one case, as it should have, I can only imagine how it expects that it will not ultimately lose the other.

For those among the chosen few, ALPA's policy is the equivalent of "what's mine is mine and what's yours is mine." The scraps, if any, may be picked up by the servants or fed to the hogs. Therein lies the conflict of interest, the bargaining in bad faith, the descrimination and the blatant failure to represent. There is little doubt in my mind that the ALPA has not only met but exceeded the legal standards of proof that establish its breach of the Duty of Fair Representation. It is left to be seen what the courts will say.

In my opinon, the Eagle pilots must not wait to see if ALPA will rise to their defense. They should employ independent legal counsel, not paid for by the ALPA, and demand that the Association actively and vigorously defend them by all available means, in a timely manner. I sincerely hope that the will, the knowledge and the experience required to deal with this crisis is available within their group and that they will not fail to defend themselves. It will require exceptional unity, perserverance and skill, as well as competent legal counsel. This is not a simple case by any means. What we can see on the surface is obviously flagrant abuse, but what is there legally is extremely complex. If they do not meet the challenge, it is not only they that will suffer, but all regional pilots. I pray for their ultimate success.

Just one man's opinion of course.

Likewise, to be sure.

 

[Palerider957]

Wow....Surplus for President!

A very eloquent post that helps to define the issues. Well said.

 

[eaglefly]

It is my understanding that the 3000 hour requirement for flowback captains at Eagle is still in place. It was required by the FAA man who oversees Eagle.