Draginass said:
Any no-strike provisions that the corporations would bargain for would almost certainly be along the lines of the AE contract -- very long term and in conjunction with other contract renewal contraints. They know that the unions would up the ante to mainline compensation as soon as practical.
OK, if you are going to include the entire contract in a long-term deal like AE or even a side letter than extends the no-strike provision beyond the basic Agreement, then we agree. Long term agreements like the AE contract should never happen. No one can forecast that far out. The way Eagle got that one rammed down (by their union) is something else, but I won't go there.
I see a long term "no-strike" as a deal-breaker. The key ingredient is the future enforceability of scope. If the ATA can legally slither around union scope clauses, that puts on a new emphasis and immediacy. In the end, though, if they can get around scope and outsource union jobs, then unionism is essentially neutered. I think scope will essentially stand, but it will be a fight, no doubt.
I think you know I'm not against Scope. Where we disagree is over what Scope can contain. I think every pilot group should have the right to control its own work and to prevent the outsourcing of its own work.
I also think that
Scope should prevent any one corporate entity from owning and/or operating more than one airline. As I see it, that is the crux of this problem.
Once you have allowed the "parent" company to operate separately more than one airline or to engage in outsourcing of any kind, you have permitted a Trojan Horse.
I would still like to see Scope remove all outsourcing. However, once you have permitted the alter ego of a "subsidiary" to exist, you have redefined outsourcing. The alter ego is not outsourced, it's the same company. If you had prevented it from day one, you and I would agree. For what ever reason you didn't. That was a mistake.
Once you have allowed it, you can't change the rules after the fact. The problem arises when you try to unilaterally change the rules under which you already allowed the alter ego to exist. That part of your scope, will be struck down (I believe). In other words, if you allowed the alter ego to fly 70-seats, you can't come along and expect to change that to 50-seats after the fact. If you imposed ASM restrictions on day one, OK. If you did not, you can't change them after the fact. You can try of course, but as soon as you do, you are no longer "preventing" something, you are now taking away what you already permitted.
That last part is where you injure the other party. That is what's being challenged and ultimately I think you will lose that. UAL as an example, will win. They have not allowed any alter ego. They have allowed outsourcing, but they can still control that. AA, DAL, AAA, CAL and ALK, have all allowed the alter ego thing. All will have huge problems because of it.
DAL was the last to do this and that is the prime reason we didn't want it to happen. When you company buys another airline and you don't require a merger, you're giving the company the poison with which to slay you. That's crazy. I don't care if they fly kites, you don't ever allow that to happen.
This difference may appear to be subtle, but it really isn't. It is extremely different from standard Scope.
What I call "standard Scope" is necessary, should never be given up and should be enforced. Where we disagree is in the definitions.
I don't know about the APA, but ALPA has had a long standing policy agains Alter Ego airlines. Because they were "only regionals", the union chose to abdicate and ignore its own policy. That has created the debacle that we face today.