Attention Tsa Jumpseat Under Attack

[pilotbrain]

*************************’s arrangements with TSA and other outside companies for training and recruiting services are controlled by ************************* and a formal contractual services agreement, and ************************* pays the going market rate for all services. When necessary and pursuant to the terms of the contract, TSA employees have carried out certain clerical aspects of the recruiting process as directed by *************************, such as the collecting of applications, and mailing of offer letters. However, all substantive aspects of the recruiting process, including all interviewing and hiring decisions, are performed exclusively by *************************’s management team and personnel. ************************* trainers train ************************* employees exclusively, but TSA performs some training functions on a periodic basis for ************************* based on an outsourcing agreement. On occasions when TSA or any other company, like FlightSafety International, Inc. (FlightSafety), performs training functions for *************************, ************************* will train that company’s Instructors with respect to *************************’s procedures. TSA trainers only train TSA employees, except when performing contracting for ************************* personnel. ************************* leases a flight simulator from FlightSafety and utilizes their instructors pursuant to a written contractual agreement. TSA’s Pilots train on simulators at American Eagle’s training facility and at several FlightSafety locations. Since ************************* and TSA operate different types of aircraft, the two entities’ Pilots do not train on the same simulators and the aircraft have separate operating and flight manuals. Public Relations and Marketing TSA and ************************* each have their own website,​

http://www.transstates.net/ and http://www.*************************airlines.com, which contains significant information about the Carrier, career opportunities, and links to partner airlines. However, neither Carrier’s website makes any mention of the other entity and there is no link between the websites. TSA and ************************* passengers can make reservations and purchase tickets directly through the Carriers’ code-share partners. When a customer makes a reservation on the United, American, or US Airways website, flights operated by TSA are​

 

[pilotbrain]

indicated as such. The United website also identifies flights operated by *************************, as required by DOT regulations. Tickets are issued by the code-share partner on their individual stock. The Carriers’ regional partners dictate what signage and paint schemes will appear on their aircraft. Thus, ************************* and TSA aircraft that fly for United will have United’s signage and paint scheme. However, since the Carriers operate different fleet (************************* operates exclusively 70-seat CRJ-700s, TSA operates the ATR-42, the J4100, and the EMB-145), their aircraft will always be different. Further, in accordance with DOT regulations, *************************’s planes have stickers on the outside of each aircraft which read “Operated by ************************* Airlines.” Likewise, TSA’s fleet has stickers which read “Operated by Trans States Airlines, Inc.” Offices/Hubs/Equipment TSA and ************************* are located in the same office building at 11495 Old Natural Bridge Road, Bridgeton, Missouri 63044. The building is owned by the City of St. Louis, and is leased to American which has sublease agreements with TSA, *************************, and other tenants for office space. TSA subleases space on parts of the first, second, and third floor of the building. ************************* subleases space on a portion of the third floor, and a portion of the first floor. None of the space leased by either Carrier is available to the other, and office space can only be accessed by electronic cards and/or combination locks which are unique to each Carrier. All employees in the building have access to the third-floor break room and the parking lot. TSA has hubs at Lambert St. Louis International, Chicago O’Hare, Dulles International, and Pittsburgh International. *************************’s hub is still undecided but is anticipated to be at Chicago O’Hare, since United is currently *************************’s sole code-share partner. TSA’s fleet consists of aircraft which have 50 or fewer seats: one ATR-42, 18 J4100’s, and 48 EMB-145’s. ************************* currently has a fleet of three 70 seat CRJ-700 jets and expects​

 

[pilotbrain]

to have a total of 10 CRJ-700 jets by the end of 2005. As discussed, fleet signage and paint scheme is determined by the major code-share partner, but DOT regulations require each aircraft to have a sticker identifying the regional carrier operating the flight. Currently, ************************* contracts out maintenance work for its aircraft to a number of outside entities, including United, Jett Care, ExecAir, Gearhart Aviation Services, BizJet, and TSA. TSA performs maintenance work for ************************* at Lambert St. Louis International Airport pursuant to a contract which sets forth the rates charged for the services performed, and includes termination, indemnification, force majeure, dispute resolution and limitation of liability clauses. TSA also contracts out maintenance work and has contracts in place with AAR Aircraft Services, BizJet, and Air Wisconsin to perform necessary maintenance service on its fleet. Routes and Schedules All regional “feeder” airlines, like TSA, *************************, Mesa, Chautauqua, Sky West, and Shuttle America, have their routes and schedules set by their major airline partners. Accordingly, TSA’s routes and schedules are dictated by United, American, and US Airways. Similarly, United dictates *************************’s routes and schedules. TSA and ************************* cannot swap aircraft because the American scope clause prohibits TSA from flying aircraft with over 50 seats. Further, “swapping” would violate FAA regulations as well as the DOT-granted operating authority. Signs, Logos, and Uniforms The uniforms worn by TSA and ************************* Pilots are determined by the Carriers’ code-share partners. The Pilot uniforms worn by all regional carriers flying United Express, including TSA, *************************, Mesa, Chautauqua, Sky West, and Shuttle Amerca, are all standard. However, the “brass” worn by Pilots identify the particular Carrier by whom they are employed. Accordingly, ************************* Pilots’ hats and wings read “*************************”; TSA Pilots’ hats and wings read “TSA.” When TSA Pilots are flying US Airways or American routes, they wear uniforms dictated by those two airlines​

 

[pilotbrain]

of 10 CRJ-700 jets by the end of 2005. As discussed, fleet signage and paint scheme is determined by the major code-share partner, but DOT regulations require each aircraft to have a sticker identifying the regional carrier operating the flight. Currently, ************************* contracts out maintenance work for its aircraft to a number of outside entities, including United, Jett Care, ExecAir, Gearhart Aviation Services, BizJet, and TSA. TSA performs maintenance work for ************************* at Lambert St. Louis International Airport pursuant to a contract which sets forth the rates charged for the services performed, and includes termination, indemnification, force majeure, dispute resolution and limitation of liability clauses. TSA also contracts out maintenance work and has contracts in place with AAR Aircraft Services, BizJet, and Air Wisconsin to perform necessary maintenance service on its fleet. Routes and Schedules All regional “feeder” airlines, like TSA, *************************, Mesa, Chautauqua, Sky West, and Shuttle America, have their routes and schedules set by their major airline partners. Accordingly, TSA’s routes and schedules are dictated by United, American, and US Airways. Similarly, United dictates *************************’s routes and schedules. TSA and ************************* cannot swap aircraft because the American scope clause prohibits TSA from flying aircraft with over 50 seats. Further, “swapping” would violate FAA regulations as well as the DOT-granted operating authority. Signs, Logos, and Uniforms The uniforms worn by TSA and ************************* Pilots are determined by the Carriers’ code-share partners. The Pilot uniforms worn by all regional carriers flying United Express, including TSA, *************************, Mesa, Chautauqua, Sky West, and Shuttle Amerca, are all standard. However, the “brass” worn by Pilots identify the particular Carrier by whom they are employed. Accordingly, ************************* Pilots’ hats and wings read “*************************”; TSA Pilots’ hats and wings read “TSA.” When TSA Pilots are flying US Airways or American routes, they wear uniforms dictated by those two airlines.
- 34 33
NMB No. 9
DISCUSSION I. The Board’s Authority 45 U.S.C. § 152, Ninth, authorizes the Board to investigate disputes arising among a carrier’s employees over representation and to certify the duly authorized representative of such employees. The Board has exclusive jurisdiction over representation questions under the RLA.​

General Comm. of Adjustment v. M.K.T. R.R., 320 U.S. 323 (1943); Switchmen’s Union of N. Am. v. Nat’l Mediation Brd., 320 U.S. 297 (1943). In Air Line Pilots Ass’n, Int’l v. Texas Int’l Airlines, 656 F.2d 16, 22 (2d Cir. 1981), the court stated, “the NMB is empowered to . . . decide representation disputes arising out of corporate restructurings.” II. Single Transportation System The Board’s Representation Manual (Manual) Section 19.4 provides that: “Any organization or individual may file an application, supported by evidence of representation or a showing of interest . . . seeking a NMB determination that a single transportation system exists.” Manual Section 19.501 provides the factors for making a determination whether a single system of transportation exists. In Trans World Airlines/Ozark Airlines, the Board cited the following indicia of a single transportation system: [W]hether a combined schedule is published; how the carrier advertises its services; whether reservation systems are combined; whether tickets are issued on one carrier’s stock; if signs, logos and other publicly visible indicia have been changed to indicate only one carrier’s existence; whether personnel with public contact were held out as employees of one carrier; and whether the​

 

[pilotbrain]

process of repainting planes and other equipment, to eliminate indications of separate existence, has been progressed. Other factors investigated by the Board seek to determine if the carriers have combined their operations from a managerial and labor relations perspective. Here, the Board investigates whether labor relations and personnel functions are handled by one carrier; whether there are a common management, common corporate officers and interlocking Boards of Directors; whether there is a combined workforce; and whether separate identities are maintained for corporate and other purposes. 14 NMB 218, 236 (1987). The Board finds a single transportation system only when there is substantial integration of operations, financial control, and labor and personnel functions.​

Burlington N. Santa Fe Ry. Co., 32 NMB 163 (2005); Huron and Eastern Ry. Co., Inc., 31 NMB 450 (2004); Portland & Western R.R., Inc., 31 NMB 71 (2003); American Airlines and Reno Air, 26 NMB 467 (1999). Further, the Board has noted that a substantial degree of overlapping ownership, senior management, and Boards of Directors is critical to finding a single transportation system. Precision Valley Aviation, Inc., d/b/a Precision Airlines and Valley Flying Serv., Inc., d/b/a Northeast Express Reg’l Airlines, 20 NMB 619 (1993). The facts supporting a single transportation system do not exist in this case. Each Carrier has its own management team that is in charge of day-to-day operations. While individuals in *************************’s management team previously worked for TSA, all of those individuals left their employment with TSA before joining *************************. TSA was incorporated in Missouri while ************************* is an LLC formed in Delaware, and has no Board of Directors. While TSA and ************************* are commonly owned by TSH for Hulas Kanodia, he has no involvement in the management of either entity, and this factor alone will not support a finding of common control. See Allegheny Airlines, Inc., et al., 29 NMB​

 

[pilotbrain]

160 (2002) (Board found no single transportation system despite the fact that the three carriers at issue were owned by the same holding company, noting each carrier’s separate control over its labor relations and operations). Labor relations and personnel functions at ************************* and TSA are handled separately. Each Carrier has its own website which lists only its job openings, and each Carrier has its own employment applications and personnel forms. ************************* and TSA have separate terms and conditions of employment, different wage rates, and separate benefit plans. Further, the Carriers maintain separate seniority lists and employee rosters. ************************* personnel recruit and interview applicants for ************************* positions; TSA personnel perform the same functions for TSA positions. Any work done by TSA or any other entity on *************************’s behalf is temporary and done pursuant to a contractual arrangement. *************************’s temporary outsourcing of some work functions is insufficient to support a single carrier finding.​

See Allegheny Airlines, Inc., et al., above, at 171 (no single carrier finding even though one carrier performed customer service/ramp functions for the other carriers on a contractual basis). *************************’s and TSA’s operations are clearly separate. While the Carriers both lease space in the same office building, employees for each Carrier have issued ID badges which only allow them access to their respective offices. Each Carrier has its own payroll and operational bank accounts, its own aircraft and operating and flight manuals, and its own training arrangements. While the paint scheme for each aircraft is determined by the regional partner, ************************* and TSA fleet are identified accordingly, pursuant to DOT regulations, by stickers on each aircraft. Further, all Pilots wear the “brass” of their employing Carrier, ************************* or TSA, when dressed in the standard uniform of their regional partner. ************************* and TSA hold themselves out to the government and to the public as separate transportation systems. Each Carrier was issued its own Certificate of Public Convenience and Necessity from the DOT, as well as its own individual Air Carrier Certificate from the FAA. The fact that the Carriers​

 

[pilotbrain]

hold separate Certificates strongly supports the Board finding separate transportation systems.​

See Frontier Airlines, 24 NMB 635, 643 (1997). When customers book travel on United, American, or US Airways, it is clearly indicated when the flight is operated by TSA or *************************. Further, the Carriers fly different types of aircraft. ************************* operates exclusively CRJ-700’s, while TSA operates three different type of aircraft with 50 or fewer seats. FAA and DOT operating authority prohibit the two Carriers from swapping aircraft. Further, TSA’s agreement with American specifically prohibits it from operating aircraft with more than 50 seats. While ALPA relies on Mesa Airlines, Inc., CCAir, Inc., Air Midwest, Inc., 29 NMB 359 (2002) for support that ************************* and TSA constitute a single system, the facts of that case are inapposite. In Mesa, the Board made a single carrier finding because of the following factors: all three carriers were wholly owned by Mesa Air Group, Inc. (MAG); MAG’s website contained information about each of the carriers, including type of aircraft, number of employees, and daily departure schedules --presenting a public image of a single transportation system; applicants could apply for positions at any of the three carriers online through the MAG website; and labor relations at the three carriers was centralized, evidenced by the fact that the Flight Deck Crewmembers craft or class at two of the carriers were covered by the same CBA, and the heavy involvement of MAG’s CEO in contract negotiations and the overall labor relations at the three carriers. Id. at 368-380. Here, while ************************* and TSA are both owned by TSH, there are no other similarities to the facts in the Mesa Airlines, Inc., above, decision. ************************* and TSA have their own websites with no information about each other or links to each other. Applicants for positions at either Carrier must apply through the designated web address or mail address, and each Carrier’s website lists only its job openings. Additionally, labor relations are handled separately at ************************* and TSA: with separate management teams; separate wages, benefits and terms and conditions of employment; and separate seniority lists and employee rosters.​

 

[pilotbrain]

Based upon the application of the principles cited above to the facts established by the investigation, the Board finds that TSA and ************************* do not operate as a single transportation system for representation purposes for the craft or class of Pilots. CONCLUSION The Board finds that TSA and ************************* are not operating as a single transportation system for representation purposes under the RLA for the craft or class of Pilots. Accordingly, ALPA’s application in File No. CR-6885 is converted to NMB Case No. R-7069 and dismissed. The IBT’s application seeking an investigation of a representation dispute involving the Pilots at ************************* is assigned R-7070. Pursuant to Section 2.4 of the Board’s Representation Manual, ************************* must deliver to the Board’s Office of Legal Affairs by 10 a.m., ET, January 6, 2006, three copies of an alphabetized list of potential eligible voters and a copy of the alphabetized list on a diskette or CD as a Microsoft-Excel file. The format of the list of potential eligible voters must be prepared in five columns or fields exactly as the enclosed sample format displays. There must not be any other information or data in the file or on the diskette or CD except as displayed in the five columns or fields on the sample format. The column or field headers must be contained on one row only. ************************* must not include any hidden columns or fields in the Excel file. Note that employee middle initials appear with the first name. Do not make a separate column or field for the middle initial. A sample format follows:​

SAMPLE FORMAT OF THE SPREADSHEET LIST FIELDS SeqNum LastName FirstName JobTitle DutyStation 1 Able John, Jr. Pilot Chicago, IL 2 Baker Mary A. Pilot Tampa, FL 3 Charles William J. First Officer Detroit, MI​

 

[pilotbrain]

The list of potential eligible voters must contain all individuals with an employee-employer relationship as of the last day of the last payroll period prior to September 14, 2005.​

3 The list must be alphabetized on a system-wide basis. ************************* must provide a copy of the list to the IBT. ************************* must also provide one set of signature samples for the eligible voters solely to Investigator Bonaca by January 6, 2006. The alphabetized signature samples must be in the same order as the names on the list of eligible voters. Until an applicable list and the signature samples are received by the Investigator in compliance with the above requirements, the Investigator will continue to accept additional authorization cards. By direction of the NATIONAL MEDIATION BOARD. Mary L. Johnson General Counsel Copies to: Richard Leach David Hayes III, Esq. Norman A. Quandt, Esq. Daniel E. Reed Thomas P. Germeroth, Esq. Marcus C. Migliore, Esq. Julie P. Glass, Esq. William Roberts Don Treichler Daniel Heumannm Roland P. Wilder, Esq. Section 9.2 of the NMB’s Representation Manual defines the categories of individuals with an employee-employer relationship under the Railway Labor Act. That section of the Manual is available at www.nmb.gov/representation/repman1102.pdf.​

 

[pilotbrain]

http://www.nmb.gov/representation/deter2006/33n009.pdf



im so sick of this crap. just fly and go home.

 

[redbook]

http://www.nmb.gov/representation/deter2006/33n009.pdf



im so sick of this crap. just fly and go home.

all that you posted simply states that tsah legally created a seperate certificate, and used that certificate to beat the tsa pilots down. g0jet pilots knew full well what they were signing up for and if you are sick of this crap now, get used to it. The g0jet stigma will stick with you.

 

[Lav Service]

Originally posted by PILOTBRAIN:
im so sick of this crap. just fly and go home.

Awwww. Did CAT do you bad? Were you so upset by losing your side saddle 727 job that you panicked at took the first dingleberry Uncle Hulie offered you. Well, I guess that's just too bad. Reading your posts of the decision only confirms to the rest of us just how stupid an arbiter can be sometimes. Well, I guess you had to go somewhere where you could brag to a flight attendant about flying the "heavy steel." Pathetic.

BTW, FDX knows who you now work for and is not interested in any of you. You can pass that nugget along to the rest of your buddies. Telling them that you work for "TSA Holdings" won't work either.

 

[Economy101]

That dude should change his screen name to nobrainpilotscum.

 

[cheeeese]

pilotbrain,

yes sir mista boss man, eyes do jus what u say....i go'on home now.

what a loser

 

[great cornholio]

Just wanted to say that if anyone is curious about GJ pay it is the same fo pay for the first five years as PSA. So they are not lowering in bar....you are limbo.....ing under the same bar as the previous guy. As far as comparing captains pay...it is only two dollars less but none of us are going to be hired as a captain so it really doesnt matter. One more thing...they just got representation so the pay is bound to go up a bit otherwise why would they sign a contract with the same pay but will have to pay union dues.

So PSA doesn't get block or better??? Cause GJ only pays block not block or better.

 

[rspilot]

So PSA doesn't get block or better??? Cause GJ only pays block not block or better.

Dont know what psa gets. Am I is supposed to stay unemployed and unable to feed my family for what would amount to probable only a few hundred dollars a month??

Easy for employed pilots to slam unemployed pilots for wanting to put food on the table and a roof over my families head. This is so wrong!!!

 

[redbook]

Dont know what psa gets. Am I is supposed to stay unemployed and unable to feed my family for what would amount to probable only a few hundred dollars a month??

Easy for employed pilots to slam unemployed pilots for wanting to put food on the table and a roof over my families head. This is so wrong!!!

I think you have managed to even embarrass your fellow g0jet scumbags.

Dave T and Dan K, you guys must love flying with these characters.

 

[737 Pylt]

I think you have managed to even embarrass your fellow g0jet scumbags.

Dave T and Dan K, you guys must love flying with these characters.

They're scumbags as well. Along with their bj buddy SP... I wonder if he brings knee pads to work with him!
737

 

[great cornholio]

Dont know what psa gets. Am I is supposed to stay unemployed and unable to feed my family for what would amount to probable only a few hundred dollars a month??

Easy for employed pilots to slam unemployed pilots for wanting to put food on the table and a roof over my families head. This is so wrong!!!

Nope..but there are plenty of other jobs out there. Why not go to PCL or ASA or CHQ or Colgan...and the list goes on. GJ was built to screw the TSA pilots I don't care what anyone says.

 

[rocket fly]

They're scumbags as well. Along with their bj buddy SP... I wonder if he brings knee pads to work with him!
737

Hey 737, by what iv heard you have no place to call someone a scumbag.