FL990 said:
Surplus,
Again, thanks for the input and for correcting me.
You're most welcome. However, I really wasn't trying to "correct" you. I was only trying to give a different perspective from an outsider. Sometimes it is easier to be objective about these things when one is not emotionally involved.
I very much want you all to be successful in your negotiations. Call it self-interest if you like. There is no doubt that we will be affected by whatever you all decide to do.
I do question some of the statements you made regarding the federal judge order to discontinue MX write-ups. I'm not calling you a liar, but I am fairly certain that court orders like that wouldn't hold water in an appeal process. In addition, attacking individual employees for following company mandated procedure would most likely crumble in appeal as well.
It pleases me that you question some of my statements. That is exactly what you should do. On the issue of "appeals" you may very well be correct in believing that the judge's ruling would not stand on appeal. However, you need to consider this .... who will make the appeal? The allegation is brought, by the company against the ALPA and certain individual pilots. ALPA defends itself vigoroulsy. In making its defense, ALPA argues that it is not in anyway responsible for the alleged activity, it has all resulted from the radical behavior of the pilot group, certain individual pilots, and contrary to the wishes and instructions of the ALPA. The judge rules against the alleged activity but not against ALPA. In his ruling he sites certain individuals and more importantly, rules that he will hold any pilot, deemed to be engaged in this "illegal" activity, in personal contempt of the ruling. Now who is going to appeal that? Certainly not ALPA for they have already been exculpated, which is what they wanted. Therefore, any pilot accused after the ruling must face incarceration for contempt of court and defend himself from a jail cell. Where will he get the money to fight the company's battery of lawyers?
Remember, you can't "appeal" something just because you don't "like" the decision. There has to be a legal basis for the appeal; some "error" on the part of the judge or the court. That's a sticky wicket. ALPA is interested in protecting itself from potential fines (like the one levied against the APA) and will leave you to hang in a heartbeat. If you ever read that particular judge's decision (in the APA case) most logical people would think he was looney and prejudiced. Nevertheless, the APA lost every appeal. Why did the APA defend their pilots? Because those pilots are 100% of the APA. ALPA is a different horse and represents dozens of different airlines, not just one. ALPA will defend itself but it won't defend you.
In ALPA's arguments in the CMR case, the ALPA lawyers made no effort whatever to disprove any of the company's allegations. In fact they virtually admitted them (even though they were false) and simply argued that "ALPA had nothing to do with it". They won and so did the company. The only losers were the pilots.
When the courts ruled that Airborne pilots were "required" to pick up open time, even though their contract said it was "voluntary" the Teamsters took it all the way to the S. Court and ultimately won. In similar situations ALPA almost always backs down. ALPA almost always appeals rulings that adversly affect the institution itself, but seldom takes that course in defense of its members. ALPA defends the ship, not the crew.
Unless you're prepared to fund your own appeal I wouldn't put much stock in expecting your union to do it for you. Life is not always what it seems and we have to look at these things without rose-colored lenses. To put it simply, there aint nobody in Herndon that's going to risk the union's fortunes in your defense. Keep in mind that your group is a very, very small portion of ALPA's interests. It can readily be sacrificed and it will be if that should be deemed necessary. Just my opinion.
As you clearly understand, the true power of the union is in unity. Without it, we are like a gun without ammo.
I agree with you. That was my point too. A President of ALPA (not the present one) once told me "You should never point a loaded gun at the Company's head unless you're prepared to pull the trigger." He was right. If you pull that trigger without complete unity, you'll be salughtered, even if the gun is loaded. If you're shooting blanks you shouldn't even pretend that you have a gun. History tells us that Custer's last stand was anything but heroic; it was stupid. So was the "Charge of the Light Brigade". History repeats itself when we don't learn from it.
Right now, the pilot group is very divided.Even though the majority of people on this board feel that the contract is the most important issue, there are many (I'm not saying the majority on the line, but there are many) that feel differently. There are many that feel more indifferent about the contract in order to gain growth.
Unfortunately, that is what I gathered from the posts I read. I'm sure you know much more from your direct contact. Work on the solidarity. It must be complete and if you can't achieve it you don't have much of a chance. You can't even think about a
legal job action unless you are certain that 95% of the pilots support it fully. The company can "read" the pilot group just as well as you or I can. They
listen to everything you have to say and should never be underestimated.
Please don't think I'm against making a stand for what you believe is right. That's not what I'm saying. I come from an airline that made such a stand and the solidarity surprised everyone, literally. It is worth fighting for what is right even when you don't get it all. Neverthless, you look pretty foolish when you start rushing up the hill, pause, look back and there's noone behind you.
Now, Me....I feel that BOTH are possible. The company is doing the best they can at keeping the wages down as long as possible. They are also trying to convince us that if we get a progressive contract, it will hinder our ability to compete with the contract carriers.
Don't let that frustrate or upset you. That's the Company's job. It is what they're supposed to do. As long as your needs (not your wants) are not unreasonable or unrealistic it doesn't matter what they say. Being able to judge between what is unrealistic and what is not is the key to reaching an equitable solution. The final outcome needs to be a win/win. That is not easy to achieve. The reason the process takes so long is that both parties are trying to figure out what is reasonable, what is realistic, and what is not. Especially the company. They need to know where you really stand. As long as many of you are standing in different places they are not likely to agree to anything.
You need to understand that you will not get a Christmas Tree, and they need to understand that you won't settle for scraps. You're both playing a "game" and it's the equivalent of Chess, Poker and Dice, all at the same time. Most line pilots have trouble dealing with that. It's not what were accustomed to in our everyday lives.
Continued