Company Tactics for Busting Union Drives...

[Nevets]

All this ranting and raving about ALPA is getting old. It will be a sad day next week when ALPA can only muster 40% of the vote at SKYW. Damn this gnashing of the teeth is getting old. Only a week left and its over Thank God!!!

Indeed, it will be a sad day for many if the ALPA drive fails. I wonder how Skywest management will feel and why they would feel that way?

 

[Nevets]

No I'm not that good but exit pulling isn't looking to good. Pilots at SKYW just aren't convinced ALPA is the great savior. The bottom line is SKYW has its problems which can only be fixed with a socket but ALPA is a wrench. Its just not the solution for the problems their. This in my opinion is what I hear from the pilots at SKYW. I am so sure of my polling data I put $100 bucks on ALPA coming away dissapointed. Just being realistic.

My "exit polling" says otherwise. I've done helped out at seven of the ALPA Organizing events at the airport in the last month. I can tell you that more than 50% support ALPA.

ALPA is not perfect. There are somethings that ALPA just cannot do anything about. You are right, ALPA is NOT "the great savior." But it will help make Skywest the undisputed top regional to work for. ALPA is not the solution to all the "problems" at Skywest but it will help solve many "problems."

 

[Nevets]

Beware of the UAW syndrome. UAW membership 1074 1.2M, 400K 2007. Wages at UAW plants now below non-union auto makers. I am a union realist. I am ex-union ALPA and Teamsters, both companies Transamerica and Zantop out of business. I have seen what unions can do and what they can not do. Unions are why we have many of he working rules at union and non-union airlines. At profitable companies, NJ and UPS, FedEx unions can ensure that management shares with its employees. At marginal companies unions can not make a silk purse out of a pig’s ear. Whenever I see the, militant union talk on this board I go back to my union companies that went out of business and inject a note caution.

You are right. There is nothing ALPA can do about business plans. ALPA CANNOT tell the company how to do its business. For example, ALPA CANNOT prevent the company from closing bases, getting new flying from major airline XYZ for 1-2% profit margin, replacing 22 Brasilias for RJs, furloughs, mergers, fragmentations, or just having a faulty business plan that takes the company into bankruptcy (IndyAir). Basically, ALPA cannot tell the company how to run its business.

But what ALPA can do, even at "marginal companies," is protect its pilots from violations of the contract, harsh or uncalled for disciplinary action, unjust firing. ALPA also provides other services to its members such as Aeromedical, insurance services, and legal representation for incidents and accidents.

 

[Gr82Aviate]

Beware of the UAW syndrome. UAW membership 1074 1.2M, 400K 2007. Wages at UAW plants now below non-union auto makers. I am a union realist. I am ex-union ALPA and Teamsters, both companies Transamerica and Zantop out of business. I have seen what unions can do and what they can not do. Unions are why we have many of he working rules at union and non-union airlines. At profitable companies, NJ and UPS, FedEx unions can ensure that management shares with its employees. At marginal companies unions can not make a silk purse out of a pig’s ear. Whenever I see the, militant union talk on this board I go back to my union companies that went out of business and inject a note caution.

I hate to break the news to ya, but Skyw is not a "marginal company"...they're extremely profitable and can afford to "share"! Feel free to check it out for yourself: In the July 2006 issue of ATW on page 37 the list of The World's Top Airlines 2005, we were actually above UPS(see above airline on your list) in net profit. In the Feb. 2007 issue of AIN(Aviation Intl News) it states on page 67, Skywest airlines "turned the biggest profit margin in the entire airline industry" during the third quarter, 12.3% followed by our subsidiary ASA at 12.1%!
And then again in the July 2007 issue of ATW on page 37 of the World's Top 25 Airlines 2006, Skywest comes in at number 22 in operating profit, just below UPS at number 21!
I think there might be a little ability to share!?...

 

[pilotyip]

Hey go for it.

I hate to break the news to ya, but Skyw is not a "marginal company"...they're extremely profitable and can afford to "share"! Feel free to check it out for yourself: In the July 2006 issue of ATW on page 37 the list of The World's Top Airlines 2005, we were actually above UPS(see above airline on your list) in net profit. In the Feb. 2007 issue of AIN(Aviation Intl News) it states on page 67, Skywest airlines "turned the biggest profit margin in the entire airline industry" during the third quarter, 12.3% followed by our subsidiary ASA at 12.1%!
And then again in the July 2007 issue of ATW on page 37 of the World's Top 25 Airlines 2006, Skywest comes in at number 22 in operating profit, just below UPS at number 21!
I think there might be a little ability to share!?...

It worked at NJ, maybe it will work at Skywest.

 

[Nevets]

Union Representation — A Pilot’s Rights under the Railway Labor Act

SkyWest pilots have the right under the law to make their own decision about whether or not they want to have a representative for collective bargaining, and if so, which representative they want to choose. No one can prevent illegal conduct, but ALPA is committed to defending the right of SkyWest pilots to organize and choose a bargaining representative without interference by the Company. SkyWest can be expected to pursue its legal rights with vigor, and to use all possible means to discourage you from choosing a union. Should the Company exceed its legal rights and take illegal action against any pilot who is attempting to exercise his or her right to organize, ALPA will take every available step to defend that pilot’s rights and enforce the protections of the Railway Labor Act.

The Railway Labor Act protects your right to organize and bargain collectively
by choosing a representative.

The law says: “Employees shall have the right to organize and bargain collectively through representatives of their own choosing. The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this chapter.” 45 U.S. Code Section 152 (Fourth)

The Railway Labor Act prohibits your employer from interfering in your decision whether to have union representation.

The law says: “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice and it shall be unlawful for any carrier to interfere in any way with the organization of its employees, or to use the funds of the carrier in maintaining or assisting or contributing to any labor organization, labor representative, or other agency of collective bargaining, or in performing any work therefore, or to influence or coerce employees in an effort to induce them to join or remain or not to join or remain members of any labor organization. . . .”
45 U.S Code Section 152 (Fourth)

If you choose to have a union represent you at SkyWest, the Railway Labor Act prohibits SkyWest from interfering with your choice or attempting to influence or coerce your choice of representative.

The law says: “Representatives, for the purposes of this chapter, shall be designated by the respective parties without interference, influence, or coercion by either party over the designation of representatives by the other; and neither party shall in any way interfere with, influence, or coerce the other in its choice of representatives.”
45 U.S. Code Section 152 (Third)

The Railway Labor Act applies to the pilots of SkyWest, and governs the relationship between you and the Company regardless of whether you currently have a union.

The law says that it is intended “to forbid any limitation upon freedom of association among employees or any denial, as a condition of employment or otherwise, of the right of employees to join a labor organization;” and “to provide for the complete independence of carriers and of employees in the matter of self-organization to carry out the purposes of this chapter.”
45 U.S Code Section 151a

http://www.skywestalpa.org/documents/rla.protections.pdf

 

[pilotyip]

and within the limits of RLA, the company has the right to present it side, and then a secret vote can take place.

 

[atrdriver]

Beware of the UAW syndrome. UAW membership 1074 1.2M, 400K 2007. Wages at UAW plants now below non-union auto makers. I am a union realist. I am ex-union ALPA and Teamsters, both companies Transamerica and Zantop out of business. I have seen what unions can do and what they can not do. Unions are why we have many of he working rules at union and non-union airlines. At profitable companies, NJ and UPS, FedEx unions can ensure that management shares with its employees. At marginal companies unions can not make a silk purse out of a pig’s ear. Whenever I see the, militant union talk on this board I go back to my union companies that went out of business and inject a note caution.

I think that you will find that most unionized companies that do well work with the unions and show their employees that they are valued. Most unionized companies that don't do well have an adversarial relationship with their union members and their employees in general. That is not always the case, but more often than not.

 

[Nevets]

and within the limits of RLA, the company has the right to present it side, and then a secret vote can take place.

May 22, 2007

To our fellow SkyWest pilots,

Today, May 22, 2007, the SkyWest Pilots ALPA Organizing Committee and several of your fellow pilots brought suit against SkyWest Airlines to compel the carrier to obey the principles of the Railway Labor Act with respect to employee free choice and union solicitation. The SkyWest Pilots ALPA Organizing Committee was not eager to bring this litigation. Regrettably, though, management has made it quite plain that it intends to restrict and discriminate against lawful organizing activity in ways that are completely unacceptable.

The rules governing union organizing have been developed by the Courts and the National Mediation Board (NMB) over the course of many years. Under those rules, discussions concerning union representation and solicitation of support on behalf of a union can be restricted on work time and in work areas, but, in normal circumstances, cannot be prohibited in break areas among persons who are not on company time or are not being called upon to perform duties for the company. Of even greater significance, the company cannot impose restrictions on ALPA supporters that it does not impose on other employees soliciting for or discussing other organizations, causes, or interests.

Under these rules, management has freely communicated its view that the pilot workforce does not need ALPA or any other union. Officials of the SkyWest Airlines Pilots Association (SAPA) have done the same, and have also freely discussed the terms of past agreements they reached with the company in break rooms, on company bulletin boards, and via e-mail. In fact, under the FOM, SkyWest pilots are required to read the emails SAPA distributes.

You are entitled to read and hear these opinions and gather any information distributed by SAPA or management. But, you are also entitled to have access to information from ALPA and its supporters on exactly the same terms and conditions. That was the basis for the letter we sent to Brad Holt, VP of Flight Operations, on March 15, 2007. In it we requested that management do the following:

• Allow us to post SkyWest Pilots ALPA Organizing Committee material on company bulletin boards
• Give the Organizing Committee a dedicated bulletin board in every location where SAPA has a dedicated bulletin board
• Allow crewmembers to wear ALPA insignia lanyards on uniforms
• Allow crewmembers to wear ALPA pins in the same manner SAPA pins are allowed
• Give us the same access to training classes, crew rooms, and company facilities that has been provided to SAPA, including dedicated time with new-hire indoctrination classes, access to distribute e-mails to pilots via skywestonline.com, and access to pilot V-files for distribution of material
• Grant written permission to distribute literature in crew rooms
• Advise the chief pilots and the entire pilot group that management will allow us to choose who, if anyone, will be our collective bargaining representative without any interference from management

All that we seek in this litigation are the same privileges and opportunities; neither ALPA nor any individuals are seeking any financial benefit from this action. We regret that the company's actions in setting special rules restricting access to communications and information from the Organizing Committee made this lawsuit necessary.

We attempted to reach out to SkyWest management on a number of occasions to resolve these issues prior to litigation. After being ignored by the local management, we sent the letter to Brad Holt mentioned on the previous page, which outlined our concerns. When Brad did not respond, we followed the letter with a phone call to him on April 12. Brad's response was delivered by Todd Emerson, general counsel for Operations, who informed us that SkyWest management would not grant us the access we requested and believe is required by the Railway Labor Act. At that point, we made the difficult decision to pursue litigation as a last resort.

We hope that you understand the reasons behind this litigation and use this opportunity to ask any questions you might have about representation, ALPA, or the litigation itself.

In Solidarity,

The SkyWest Pilots ALPA Organizing Committee
www.skywestalpa.org
1-888-SKY-ALPA

May 25, 2007
Judge’s Order Affirms SkyWest Airlines Pilots’ Right to Organize

San Francisco, CA — On May 22, 2007, in the U.S. District Court for the Northern District of California, the SkyWest Pilots ALPA Organizing Committee filed suit against SkyWest Airlines, Inc. to prevent the carrier from interfering with SkyWest pilots’ right to organize under the Railway Labor Act. The Organizing Committee is working with the Air Line Pilots Association, International (ALPA) to gain union representation for SkyWest pilots.


“I applaud the members of the SkyWest Pilots ALPA Organizing Committee for their courage in demanding their federal rights to freely discuss and learn more about ALPA and the benefits of union representation,” said ALPA President Captain John Prater. “Under the rules governing union organizing, SkyWest pilots are entitled to distribute and receive information from ALPA and its supporters on exactly the same terms and conditions that they have received information from management and their in-house pilot committee. ALPA stands behind the Organizing Committee’s desire to discuss with their colleagues ALPA’s possible role in their professional futures,” he added.


The same day the lawsuit was filed, the Court issued a temporary restraining order requiring SkyWest to allow Organizing Committee members and their supporters to express their support for ALPA and the organizing campaign by wearing ALPA insignia on lanyards or pins and to distribute ALPA materials in non-work areas such as crew lounges and bulletin boards. The temporary restraining order also required SkyWest to provide members of the Organizing Committee with access to the same channels of internal communication to the pilot group that are now and have been available to the internal pilots committee funded completely by management.


Yesterday, May 24, 2007, the SkyWest Pilots ALPA Organizing Committee fought back a challenge from SkyWest Airlines on the right of SkyWest pilots to communicate freely about the organizing campaign without interference from or discrimination by the company. Despite an opportunity to present its case to the judge, SkyWest Airlines was unable to persuade the Court that the temporary restraining order should not remain in effect.


Following the hearing, the Court issued a revised order continuing the protections which enable SkyWest pilots to freely express their views about the organizing campaign. This order will remain in effect until the hearing on the SkyWest Pilots ALPA Organizing Committee’s request for a preliminary injunction. That hearing has been set for Thursday, May 31, 2007 at 9:00 a.m. (PDT).



June 29, 2007
SkyWest Pilots Score another Legal Victory
Court Issues Preliminary Injunction Upholding Pilots’ Right to Organize

San Francisco, CA — On June 27, 2007, the U.S. District Court for the Northern District of California issued a preliminary injunction upholding SkyWest Airlines pilots’ federal rights to discuss and learn more about the Air Line Pilots Association, International (ALPA) and the benefits of union representation, and finding that the company had unlawfully interfered with those rights. The SkyWest Pilots ALPA Organizing Committee is working with ALPA to gain union representation for SkyWest pilots.


“This injunction is a great victory for SkyWest pilots,” said ALPA President Captain John Prater. “It will empower them to take ownership of their lives through access to information that can further their professional futures. ALPA stands ready to help the Organizing Committee in whatever capacity needed to foster additional wins for workers rights.”


The preliminary injunction allows SkyWest pilots to continue to wear ALPA lanyards, talk about ALPA openly, and distribute ALPA-related materials on non-work time in non-work areas such as the crew lounge and bulletin boards—all rights which the company has sought throughout this process to deny.


The Court concluded that the Organizing Committee had made a strong showing that SkyWest management has unlawfully interfered with the federal right of SkyWest pilots to organize. In its opinion, the Court also addressed SkyWest’s funding of its in-house pilot organization. Although the Court declined to order SkyWest to cease funding immediately, it did indicate that management’s 100 percent funding of the organization almost certainly violates the Railway Labor Act.

 

[Nevets]

I think that you will find that most unionized companies that do well work with the unions and show their employees that they are valued. Most unionized companies that don't do well have an adversarial relationship with their union members and their employees in general. That is not always the case, but more often than not.

You mean like SWA. Yeah, their union has kept them from growing. [/sarcasm]