JonnyKnoxville
Well-known member
- Joined
- May 20, 2004
- Posts
- 439
I am no lawyer but doesn't this sound like a settlement due to ALPA's agreement to TALK about scope within the a specific airline system? What good does that do? What am I missing here?
AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
100TH REGULAR EXECUTIVE BOARD MEETING
October 23-24, 2007
SUBJECT
Amendment to Administrative Manual, Section 40 - Collective Bargaining
SOURCE
Executive Council (09/07, AI #46)
RESOLUTION OF THE EXECUTIVE BOARD
WHEREAS the Executive Council designated a special committee of its members to engage in discussions with the ALPA member plaintiffs in the Ford/Cooksey litigation to determine if there was a basis for settlement, and
WHEREAS the Executive Council special committee and Ford/Cooksey plaintiffs have reached a tentative agreement to settle the litigation, and
WHEREAS the proposed settlement embodies adoption of certain amendments to Association collective bargaining policies, addressing “scope” negotiations, which the Executive Council deems consistent with advancing the interests of our members in a coordinated and cooperative manner, and with other provisions of ALPA Policy that address these subjects, and
WHEREAS the proposed settlement also embodies provisions for partial payment of litigation costs and dismissal of litigation, and
WHEREAS the Executive Council approved the terms of the proposed settlement relating to payment of litigation costs and dismissal, contingent upon approval of the policy amendments by the Executive Board as embodied in the proposed settlement and recommended by the Executive Council,
THEREFORE BE IT RESOLVED that the Administrative Manual, Section 40, Part 1, Collective Bargaining Committee, be amended by adding new paragraph I, as follows:
I. The President shall appoint a subcommittee of the Collective Bargaining Committee dedicated to scope within extended airline families (the “Scope Subcommittee”), subject to Executive Council approval of appointments.
1.[FONT="] [/FONT]The Scope Subcommittee is charged with pursuing the following general goals:
a. Increasing Association knowledge on the function and operation of scope provisions.
b. Enhancing cooperating among ALPA pilot groups within each system of mainline and express carriers in formulation of scope proposals for protection and allocation of flying within that system.
2.[FONT="] [/FONT]In pursuing its assigned general goals, the Scope Subcommittee shall:
a. Comprehensively review and analyze (in conjunction with appropriate Association resources) existing scope clauses of both ALPA and non-ALPA carriers in terms of whether they advance scope goals with respect to the preservation and allocation of flying within extended airline systems.
b. Prepare guidelines with respect to standards and principles concerning scope negotiations, including but not limited to: (i) enhancing career protections and (ii) defending against use of alter egos. Further, the Scope Subcommittee may develop independent approaches to addressing scope language or concepts without necessarily being limited to existing scope language or concepts.
c.[FONT="] [/FONT]Track industry changes in scope clauses.
d.[FONT="] [/FONT]Develop contract models for scope clauses.
e.[FONT="] [/FONT]Consult with Negotiating Committees of ALPA pilot groups within the extended system prior to commencement of negotiations, as provided in subsection 3 below.
f.[FONT="] [/FONT]Communicate with non-ALPA pilot groups within the airline family on scope issues.
g.[FONT="] [/FONT]Be available to consult with Negotiating Committees during negotiations concerning scope, and receive updates on status of scope negotiations as provided in subsection 3 below.
h.[FONT="] [/FONT]Report regularly to the Executive Council, Executive Board and Board of Directors and recommend changes to ALPA policies as it deems necessary.
3.[FONT="] [/FONT]Prior to commencement of any bargaining for any ALPA pilot group within a mainline/express system, the applicable Negotiating Committee will meet with the Negotiating Committees of other ALPA pilot groups in the mainline/express system to review opening scope proposals and how they advance ALPA’s scope goals and guidelines. The committees will work with each other to develop a consensus on proposals; if, however, they are unable to do so, subsection 3a below will apply.
a. Following consultation as specified above, and prior to submission of the scope proposal to the airline, the applicable Negotiating Committee will report to the Scope Subcommittee that ALPA pilot groups have consulted with one another and have or have not reached consensus that the planned scope proposal meets ALPA’s scope goals and guidelines; if the latter, Negotiating Committees of other ALPA pilot groups in the system can submit statements of agreement or disagreement to the Scope Subcommittee, which can recommend changes following consultation with the Negotiating Committees involved.
b. The applicable Negotiating Committee and ALPA pilot groups within the mainline/express system will develop in conjunction with the opening proposal agreed reporting benchmarks with respect to developments in on-going scope negotiations which will require that the Negotiating Committee provide updates on the status of scope negotiations to the Scope Subcommittee. In the absence of consensual agreements concerning benchmarks, the Scope Subcommittee will determine reporting benchmarks.
4. During the period that final approval of a collective bargaining agreement is subject to Presidential review under the Constitution and By-Laws, MEC designated representatives of all ALPA pilot groups within the mainline/express system may submit comments prior to the Presidential signature concerning conformity of negotiated scope provisions with recommendations of the Scope Subcommittee and Association policy.
BE IT FURTHER RESOLVED that approval of the foregoing amendments to ALPA policy be contingent upon final approval of the settlement in the Ford/Cooksey litigation and that such amendments become effective only upon such final approval.
