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Industry Update

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InclusiveScope

Well-known member
Joined
Mar 14, 2002
Posts
385
RJ Defense Coalition

Ensuring One Level of Representation

www.rjdefense.com





Industry Update
November 8, 2004


ALPA’s Silence Raises Serious Questions Concerning New Delta Agreement



More than a week after ALPA reached a tentative agreement at Delta, the union continues to withhold details of the new small jet restrictions, thus raising serious questions about ALPA’s ultimate intentions. Even as of November 3rd, the Comair pilot leadership said it was still awaiting details from “reliable sources.”



Of special concern is the new requirement that ASA and Comair must hire Delta pilots before they can operate additional 70-seat aircraft. In so doing, ALPA has again violated its duty to the ASA and Comair pilots by permitting the Delta pilot leadership to unilaterally impose special conditions on the growth of ASA and Comair. More ominously, ALPA has used similar contractual mechanisms at other carriers to unilaterally grant “mainline” pilots special pay, employment, and seniority rights at the expense of “regional” union members.



That ASA and Comair leaders are forced to rely on “sources” exposes ALPA’s secretive conduct. The absence of details confirms that ALPA’s officials and staff are withholding pertinent information and that ASA and Comair pilots have (again) been excluded from a process that directly affects their interests. In doing so, ALPA has shown that the “improved” working relationship between the ASA, Comair, and Delta pilot leaders is, at best, superficial.



Related Links: http://www.rjdefense.com/2004/negotiators_notepad.pdf

http://www.rjdefense.com/2004/J4J_FactSheet.pdf



ALPA Prohibits Mesaba and Pinnacle from Obtaining New Small Jets



On October 16th, ALPA’s leadership at Northwest Airlines announced that the union reached a “Bridge/Investment” agreement intended to help the company avert financial problems similar to those encountered by USAirways, United, and Delta. However, the new agreement also contained provisions effectively prohibiting Mesaba and Pinnacle from operating any of the additional 40 small-jets “permitted under the new agreement. The union hypocritically required that new small jet flying be outsourced.



The RJDC has long warned that ALPA was engaged in economic warfare against an aircraft that mainline members erroneously deem a “threat.” Here, despite ALPA acknowledging the importance of the small-jet to Northwest’s success, it nonetheless is actively denying growth opportunities to Mesaba and Pinnacle pilots so that corporate funds cannot be used to acquire the “wrong” aircraft. Furthermore, since small jet restrictions also define ALPA’s demographics, the forced distribution of small jet flying among numerous “affiliate” carriers also protects the political power of the union’s “mainline” interests.



ALPA’s actions at Northwest again illustrate the union’s inherent and irreconcilable conflict of interest. As the exclusive bargaining agent of Pinnacle and Mesaba pilots, ALPA has a duty to work for, not against, their interests. ALPA’s demands that future small jets be outsourced are not only hypocritical, but a powerful example of how ALPA works against those it has a duty to represent. The union’s actions also prove that ALPA’s “brand” or “family” scope initiatives are merely political camouflage for the union’s business-as-usual approach to mainline bargaining and the unilateral imposition of small-jet restrictions.



Related Link: http://www.rjdefense.com/2004/ziplines_101804.pdf


ALPA Boasts that it was “Paid” $15-Million Dollars for NWA Small Jet Agreement



In an effort to convince the Northwest pilots to accept the new “Bridge/Investment” agreement, ALPA boasted that it received a $15-million dollar bargaining credit in exchange for “permitting” the company to increase its 50-seat RJ flying. Likewise, ALPA went to great lengths to claim that the increase in small-jet flying would pose no threat to mainline job security.



In its summary of the Northwest agreement, ALPA stated the following about small-jets and scope:



Ø The Northwest pilots received a 15-million dollar bargaining credit.

Ø Increased small-jet flying posed no threat to mainline job security.

Ø Northwest needed to deploy additional small jets in order to remain competitive.

Ø Increased small-jet flying would produce badly needed revenues for the company.



In its efforts to promote the new Northwest agreement, ALPA has affirmed the RJDC’s contention that small-jet restrictions do not enhance mainline “job security” but are instead used by ALPA’s mainline interests as bargaining capital. More importantly, ALPA has confirmed that its arguments defending the need for small jet restrictions are patently false. Small jets of all sizes continue to play a growing and vital role in the recovery of network carriers and restricting their use is not only bad business, but an egregious violation of ALPA’s duties to the thousands of ALPA members who depended directly and indirectly upon the small jet for their livelihoods.



Related Link: http://www.rjdefense.com/2004/NWAtasummary.pdf



ALPA’s Letter to Mesaba Pilots Illustrates Why Legal Action is Necessary



In the aftermath of ALPA’s Northwest agreement, the chairman of Mesaba’s MEC sent to all Mesaba pilots a letter that conceded ALPA’s new mainline agreement was inconsistent with ALPA’s “family” or “brand scope” promises. The letter also confirmed that ALPA’s new agreement specifically prohibited Mesaba from operating any of the additional “permitted” small jets. However, instead of defending the interests of the Mesaba pilots, the letter defended the union’s bad faith conduct, including how ALPA “does not wish to allow NWA to finance aircraft not flown by mainline pilots.”



In characteristic fashion, ALPA’s letter glossed over the union’s glaring conflict of interest and the fact that ALPA violated yet again its duties to the Mesaba pilots. The letter also attempted to mislead the Mesaba pilots by portraying the new agreement as a “sacrifice” by the mainline interests, while ignoring the fact that the Northwest pilots received a 15-million dollar “bargaining credit” in exchange for the new small-jet restrictions.



Significantly, the letter’s author is also an ALPA Executive Vice-President and the co-chair of ALPA’s Bilateral Scope Impact Committee (BSIC.) ALPA’s officers, including all if its Vice-Presidents, have refused repeated written requests to investigate the legitimacy and fairness of the union’s mainline bargaining practices. Likewise, ALPA’s BSIC Committee has ignored the real issues at the heart of the union’s “scope” problems and, not surprisingly, has elected to characterize quantifiable objections concerning ALPA’s mainline scope practices as mere “perceptions” and “feelings.”



While ALPA says the ongoing litigation is meritless, its own actions affirm that the union will ignore its duties to its “regional” members whenever it is politically expedient. As the Courts have ruled, the intent of having judicial oversight over a union is to ensure that union members are never left without recourse or remedy. When ALPA’s officials defend the union’s conduct while conveniently refusing to investigate its legitimacy, the need for legal intervention becomes even more apparent.



Related Links: http://www.rjdefense.com/2004/msa_hotline_102704.pdf

http://www.rjdefense.com/2003/woerth041803.pdf
 
Part II

TWA Pilots’ Lawsuit Reinstated by Appeals Court



On October 26, 2004, the U.S. Circuit Court of Appeals reinstated a TWA pilot lawsuit against ALPA which claimed the union breached its duty of fair representation to the TWA pilots during the airline’s merger with American. The TWA pilots alleged that ALPA’s simultaneous campaign to woo the American pilots back into ALPA tainted the union’s objectivity and caused the union to prematurely waive the merger protections in the TWA pilots’ contract and to otherwise fail to aggressively defend the interests of its TWA members.



Last year, a lower court dismissed all claims against ALPA, the Allied Pilots Association, AMR Corp., and TWA LLC., in part, because the TWA pilots were more than a year late in filing their lawsuit. However, the Court of Appeals reinstated the claims against ALPA citing the “ray of hope” doctrine. In its ruling, the Appeals Court noted that ALPA told the TWA pilots that their concerns would be addressed through alternative means and therefore the time limits to initiate litigation should not be applied until after all reasonable hope of redress was extinguished.



Of added interest is the role played by Michael Haber, Esq., the same attorney representing ASA, Comair, Piedmont, and Allegheny pilots in their respective lawsuits against ALPA. Prior to oral arguments before the Court, Michael Haber assisted plaintiffs in research and the formulation of crucial arguments. As the TWA pilots noted, they sought out Mr. Haber’s services because of his track record in litigation against ALPA.



Related Links: http://www.rjdefense.com/2004/twa_appellant_ruling_2004.pdf

http://www.twapaf.com/



Predatory Mainline Scope Clauses Continue to Create Alter Egos



On October 26th, Trans States management informed its employees that restrictions in the American scope clause, which impose limits on the size of aircraft Trans States can operate under its own code, or that of another carrier, have forced the company to form another airline so that it may pursue additional business opportunities. The announcement means that no fewer than five alter egos have been, or will be, created as result of ill-conceived and misguided small-jet restrictions:



  • <LI class=MsoNormal>Mid-Atlantic Airways (USAirways) <LI class=MsoNormal>Freedom Airlines (Mesa) <LI class=MsoNormal>Republic Airlines (Republic Holdings, d.b.a. as Chautauqua) <LI class=MsoNormal>NWA-70 (proposed at Northwest)
  • New Corp Air (Trans States)


An analysis of the mainline bargaining shows that the creation or growth of “regional” alter-egos is not the result of unintended consequences. By dispersing small-jet flying as widely as possible, “mainline” interests can protect their political power by preventing formation of other large pilot groups and by pitting small-jet pilot groups against each other (i.e. whip-saw.)



The root problem is not the small-jet or managements who wish to cash-in on the union’s hypocrisy. Most, if not all, small jet restrictions are rooted in politics and cannot be validated by objective analysis. Consequently, not only do such restrictions fail to protect “mainline” jobs, the short-sighted motivations behind their creation undermines the collective power of all airline pilots.



Related Link: http://www.rjdefense.com/2004/corp_air_announcement.pdf



Commentary: Appeasers Get Eaten



Winston Churchill once said, “An appeaser is one who feeds a crocodile, hoping that it will eat him last.” History’s lesson is that appeasement typically fails and that failing to resist encourages more aggression. Today, the issue is predatory mainline bargaining and ALPA’s “war” against the small-jet.



Unfortunately, when faced with an aggressor, the lesser side of human nature also leads, predictably, to calls for appeasement. Some calls come from naive individuals who fear the aggressor more than the harm they inflict (upon others). Other calls for appeasement can be more self-serving and are advanced by those who expect personal benefit at the expense of other’s sacrifice.



But the worst form of appeasement originates from those who are in positions of responsibility and who should know better, but who nonetheless are influenced by the allure of political gain or the fear of political retribution. While this week witnessed the Mesaba pilot leadership’s attempt to serve as ALPA’s willing apologist, the ugly truth is that every ALPA injustice is accompanied by official calls for appeasement—both before and after the fact. Here’s a short list of some of the excuses and their inevitable consequences:



Airline
Excuse
Result

PDT, ALG

“Don’t rock the boat.”

Unilateral imposition of no fewer than three different Jets-for-Jobs agreements on a “take it or leave it basis” and the diversion of “promised” small-jets to other new and existing alter-ego carriers.



PSA

“Accept ALPA’s mainline demands in exchange for ‘growth.”

Benefits of promised “growth” lost or greatly reduced when ALPA demanded that 50% of PSA’s pilot schedules be awarded out-of-seniority to mainline pilots.



AMR Eagle

“Wait and see.”

The APA’s “unity” contract proposals turned out to be little more than a hijacking of Eagle’s contract as the APA’s President stated, “we had no choice but to take back our flying.”



MSA, PCL

“Brand Scope will fix the union’s problems.”

ALPA’s NWA pilots unilaterally decide that they will fly all future 70-seat aircraft. NWA pilots call for creation of another “regional” alter-ego carrier and prohibit PCL and MSA from operating additional 50-seat aircraft.





Heretofore, the only difference between ASA/Comair and the other less fortunate “regional” pilot groups is that four years ago the ASA and Comair pilots mounted an aggressive legal defense of their rights. Perhaps the best testament to the effectiveness of our efforts comes from the Delta MEC, which, according to reports, is now telling its own pilots that “legal concerns” had a lot to do with recent changes to the Delta pilots’ scope clause.



That’s not to say we’re out of the woods and that we have nothing more to fear; in fact, the opposite is true. ALPA has thus far withheld pertinent details from the ASA and Comair pilots and, ominously, some reports indicate that a second round of negotiations concerning “preferential hiring” rights still awaits. Furthermore, as we’ve witnessed at USAirways, Delta’s dire financial situation may prompt multiple rounds of concessionary bargaining—including scope negotiations. More importantly, the very same contractual mechanisms that have been repeatedly abused at other ALPA carriers remain intact at Delta, despite claims of numerical “relief.”



In conclusion, it’s very important that ALPA’s members recognize the difference between constructive dialogue and appeasement. If proponents for dialogue ignore ALPA’s bad-faith conduct or promise a benefit in exchange for a continued injustice, then it’s not a solution but rather another call for appeasement. As we have repeatedly and recently witnessed, appeasement proponents and their naive supporters invariably get eaten.



Related Link: http://www.rjdefense.com/2004/cooksey_ford_to_Woerth_02-26-04.pdf



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I love these "Industry Updates." As if a few old guys at ASA and Comair are "the industry."
 
wndshr said:
why don't the RJDC losers get their own union?

Because that wouldn't solve the problem. RJDC isn't a move to decertify ALPA. In fact most of the RJDC leadership has held positions in ALPA.

I was unsure about RJDC at first. However it now appears that RJDC has helped the ASA and CMR pilots. Just look at what has happened to Pinnacle and Mesaba and the USAir Express carriers.

$30/mo. well spent!
 
RJDC is like gay rights activists. They want to be thpecial, with thpecial righth and thpecial privileges. Nevermind that they're still far outnumbered and outvoted and a minority in every way.

Solution for both - "10% off the Vaseline, now get the f*ck back in the closet." - Andrew Dice Clay



Disclaimer: No queer or RJDC activist was harmed during typing of this message.
 
The RJDC guys are just a bunch of wheenies. If you don't like how your RJ airline is being treated, go to Southwest or Jetblue. The RJ "feed" is secondary to the mainline feed. You will never get to be "mainline" unless you are hired at "mainline." If you play the cards right and be nice, maybe someday you will. If not, I doubt it. The truth will set you free! The guys who started the RJDC probably thought they would never pass a mainline interview, and decided to fight for what they perceived was "theirs" ----like a 737. Ok................But wait, they don't want 737s, they just want what's fair (and what every frequent flyer DOESN'T want----more RJs)...... Yada Yada Yada....... Serenity NOW!



Bye Bye--General Lee
 
Perhaps you all should take the time to understand what the RJDC is about before you call them "wheenies" and "gay." I haven't backed the RJDC, but they have a very good point and an valid legal argument. ALPA has shirked its responsibilities.
 
General......Once again, YOU ARE COMPLETELY 100% WRONG about what the RJDC is about! But yet, you speak out with your nonsense anytime you see the 4 dirty letters appear! Touch, touchy! The RJDC has NOTHING to do with a bunch of guys who dont think they can get to a mainline carrier trying to wrestle 747's into their companies fleet, thus "lowering the bar" by taking them from mainline mamma at cheaper rates. You couldnt be "wronger!"

RJDC is about getting fair representation for companies that merely fly RJ's for a living. By your attitude, I see you feel we don't deserve that! Why not? I pay dues to ALPA to represent me as a union member. They should do that fairly ----- They Do Not! Dont tell me to stop crying and get a job at the mainline! Last I checked, there were no jobs at those fantastic entities available, and wont be for some time! So, in the meantime, do I not have a right for my union to fairly protect me? I believe so! You, apparantly disagree.

Now, that said, I am not a "member" of RJDC, whatever that means. I do, however believe my union should fairly represent me, which again, THEY DONT!

If Delta, United, American, et al. came out and said we announce the formation of Delta 2 and Delta Lite for the purpose of taking bids on new MD80, 737, and 757 flying and will not allow Delta pilots to participate in these negotiations, would you not be against this and fight??? I think so, so get off the back for the 'little regional' punks doing the same.

RJDC IS NOT, and NEVER WAS about stealing your 737's.
 
79%N1,

There's an old TV commercial that goes something like this .... "a mind is a terrible thing to waste". Unfortunately for him General Lee is among those who's mind was somehow "wasted". He's a bigot - a person obstinately or intolerantly devoted to his or her own opinions and prejudices.

He and others like him are never wrong, never misinformed and never make mistakes. No matter what happens, what truths you give them or what facts you present they will never have the courage to admit error. That's the way those folks are and they can't be changed.

Don't let yourself get frustrated by his rantings. Just be tolerant, pity him and where possible, ingnore him. Then get on with the business at hand and do what we have to do. He and his cohorts in these forums are really irrelevant and can do nothing to stop or change the progress of the litigation they hate.

Although they pretend otherwise, the only reason they rant and rave against it is fear. They're scared stiff that the courts will eventually deprive them of their ability to control us and they have good reason to be. Just let them stew in the mess they created. In due time the day of reckoning will come.
 
Last edited:
The hubris that exists in the minds of so many mainline pilots is unlikely to be mitigated anytime soon.

Future editions of "Flying the Line" may read more like
"A Tale of Two Cities".

This bourgeois viewpoint will probably survive even after the profession is carted off to the guillotine.
 
Thank You RJDC. I mailed another check today with a little extra.

"He who gets bitten and dosn't bite back. Gets eaten alive."
 
Surplus1,


I love reading your diatribes about what is fair in this world and what is not. It also bugs me that I have to leave a dictionary nearby also while reading your posts. Some people are impressed (BE99 Chick), and I think that at least guarantees you a date with her. (a little dinner, dancing, and maybe some romancing) But, you can lay it out any way you want, the fact remains that Delta will deal with Dalpa any way they so chose to get the desired result. When we are negotiating for OUR LIVES like we just did, we were mainly concerned with our OWN LIVES. We did not impose new pay rates on you guys, and we did not impose anything else. We actually allowed Delta to decide on who will get new RJs, which is their right since they are hurting financially. They wanted that right. We also allowed a lot more larger RJs. Was this because of RJDC pressure? I doubt it, since Grinstein and Kolschack know that there is a limit to the usefulness of RJs. They wanted a certain amount, and that was about it. They also wanted a little freedom to choose who they want to fly them, and that will bring DCI costs down. Does ALPA want your pay rates to go down? I doubt it--since that would lower the amount of dues ALPA would get. But, Delta has financial problems, and you guys will also feel the heat, eventually. That isn't because of Dalpa, but because of reality. The RJDC is a front for whiners. Malone had no reason to demand anything about pay rates for DCI or percentages in flying, because Delta was going to do whatever they wanted in those categories eventually.


Bye Bye--General Lee
 
Your still wrong regarding what RJDC is about........whether or not Delta screw with ASA and Comair and gives all future growth to CHQ, SKW, or whomever......Or whether or not DALPA has scope or whatever, General and all your cronies (this means you FDJ2), you are still WRONG!
 
FDJ2 is my cronie? Thanks, I'll take that any day. He "speaks gooder english than me do" and can spit out the facts faster than I can.



So, the RJDC wants "equal representation" right? I guess that is where you are coming from. So, what should Dalpa do when negotiating things that can directly affect us, like scope that could potentially park some of our planes or reduce the need for our pilots? Should we have gotten new representation for just those items in the contract? Sounds like a plan to me----ALPA for 2/3 of the contract negotiations, and then the Teamsters for scope. That doesn't make any sense.


Bye Bye--General Lee
 

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