Speedtape
Well-known member
- Joined
- Oct 10, 2004
- Posts
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I don't think he will "rule with a heavy hand." I believe that he will follow the contract and expect you to do the same. If he does not follow the contract you have recourse through your union. If you don't follow the contract you will be fired. I don't see this as being calloused I see that you have come to an agreement and if the agreement is broken then action is required.
A contract is nothing more than a piece of paper with words on it. When signed and executed, it is a mutual agreement between 2 parties where both have certain duties to perform, and both have certain "legal" benefits or rights. At this point, it is still a piece of paper. When either side feels "legal" harm exists due to one party not "performing" according to what was expected by the terms based on the other party's "understanding" or "interpretation" then the basis for a dispute exists. The dispute could be either a "minor dispute" or a "major dispute." Sometimes contracts lay out a path to resolve disputes such as mediation and/or binding arbitration. However, absence this provision, then the Court System is where the dispute will be resolved. In reference to the specific Pilot Working Agreement, there is a system laid out for both discipline issues and non-discipline issues. Both parties are required to follow this system prior to access to the legal system.
You made a statement that if a pilot does not follow the contract, he will be fired. In most cases, this is totally not true. First, the Company can fire anyone or as many as they desire. However, there can be both legal and economic consequences that inhibit this behavior. In addition, in most cases, the termination will not be upheld unless the company follows a pretty strict process and no disparate treatment is shown in the application of their policies. Furthermore, there is another test. The punishment or discipline has to fit the crime. Along the way in this multi-step process, most of the time a compromise will be struck that saves the employee's job. However, there are several things that will allow a termination to be upheld. Obviously, a felony conviction, job abandonment, and a certain level of insubordination are indefensible, most of the time.
Strong deterrents from an arbitrary termination or an unjust termination by the Company, are economic and legal exposures that can far outweigh the benefit of termination. These can be a result of many factors but some of the more common are discrimination, disparate treatment, and an unjust discipline for the "crime." In addition, just the cost of defending a termination through the prescribed process can be quite costly for the both parties. The Union has a duty to defend the employee's job, so the cost of doing so is usually not an option. On the other hand, the Company does have an option to mitigate the costs, and many times this will cause them to either not pursue termination, or compromise some where along the process. In general, due to all of these factors, no one will be terminated without a legal review and recommendation. Lawyers are generally risk sensitive and risk adverse and will choose not to expose their clients to a situation unless it is a slam dunk.
The new President will not arbitrarily fire anyone, and most likely these issues will never reach his level. An individual pilot will not be terminated for not following the contract as you previously stated. He may be fired for other reasons if there is merit. The only recent terminations that come to mind are probationary pilots, who have very little protection. As long as a pilot shows up and does his job, he has nothing to worry about.
These are the benefits of Union representation. Job protection from arbitrary terminations or disparate treatment is a major benefit.
Read the post earlier in this very thread. SkyWest is compensated based on many Performance peramiters. ASA is payed based on completion.
Sorry, WADR, this is wrong. ASA is compensated in the same way as Skywest Airlines. Primarily, both Companies are compensated by "Fee by Departure." That is the main revenue stream. Next, both Companies can receive additional compensation if they meet and exceed "A-15" and separately "Completion Factor" numbers prescribed by their DCI agreement. Both companies are compensated by the similar or same matrices.
I agree. My point is that if your new management succeeds, you will succeed. If he fails, unfortunatly, he will take you down with him. I am hoping for your success.
Thank you for your well wishes. ASA has the highest operating margins in the Airline industry. Yes, our contract may reduce that margin by some percentage. Based on some things I have read, it appears that it will be minimal. ASA, most likely earned about $22 million of the $40+ million that INC. earned last quarter. It seems unfathomable that ASA is going away based on those numbers. Inc.'s goal seems to be to tweak some things that will improve the operation and earn them more money in regard to the "operation" incentives. Hopefully, this new President can effect those changes. After 7 years or more of ineffective leadership, we welcome anyone who can successfully address and correct the problem areas. As employees, we have a great amount of pride in our Company, knowing what we have contributed, but fully understanding that most of the negatives in the running of this Company are out of our control. The new President's background maybe exactly what our Company needs at this time. However, many of the processes that have recently been put into place by current leadership seem to be having positive results. Unfortunately, they will not get credit for it.
There have been threads on here explaining how ASA pilots can take down the airline (pre-contract). There have been threads on here where the pilots say it's all on management to succeed and if management fails it will not hurt them. I believe that BH is going down for one final chance to save ASA. If he fails ASA will go away.
While earning nearly $90 million a year, ASA will not go away. Please, seek immediate counseling!
There are many things said on this board and others behind the safety of a "screen name." However, unfortunately, most of these things stated are for "sport" and seeking reaction. There are really not that many people who actually post. Most of the time, their views are not shared by the masses. However, occasionally, there are actually some discussions and ?debates? that are both informative and sometimes intellectual--but those are in the minority.
I agree. I believe very small portion of the problem at ASA lies with the pilot group. I also understand the ramp issues. I know that they are Delta employees. My whole point is that even though Delta has set you up to fail they expect you to succeed. If you don't they will have you replaced. Do I think that it's fair? No. But I do think that is what they expect. Once again I wish you success.
The Ramp has greatly improved since June, and I expect to see further improvements. Given the fact that the ramp is not run by my Company, it puts us on the same level playing field as any other DCI carrier operating in ATL as well as mainline. Your sentence above that states "_ _ _ _ _ has set you up to fail, they expect you to succeed," has alot of merit with some of the turn times that existed this summer. In my view, based on the above, my company can now compete with any other DCI carrier in ATL in reference to operational performance because ground handling is the same.
I also understand what it's like to be out of a job. It's not a pretty thing. If MESA loses UAX flying I don't think one single pilot would be let go. They are very short staffed as it is. Some of there pilots will have to relocate, but they will still have jobs.
Relocation is just as traumatic many times as losing a job.
From what I have read about UA lately and then heard from friends there, they are not out of the woods. I would have great concerns about being an outsourcer for them--it could be temporary depending on the economy.
Because tone is very hard to read on a message board I will put out my disclaimer before I ask this next question.
Disclaimer
I do not claim to be an expert in contract law. I do not advocate this in anyway. I would just like to know if your contract offers you the protection.
I understand that INC can only transfer a limited number of aircraft per year. I also understand that Delta continues to retire 50 seat aircraft and add 70 and 76 seat aircraft. Do you have language in your contract that prevents INC from retiring 50s from your fleet and adding larger equipment to SkyWest. I would hope that spefic language is your contract to protect against this because it could be argued either way if you have nothing defining "the transfer of aircraft."
It is my understanding, that INC, has to comply not only with the specific language, but also the spirit. To answer your question, there is no specific language, however, there is recourse if there is a scheme to circumvent the language. It cannot be argued either way! Sorry, I know you were looking for the quick upgrade at out expense!
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