Turtle21
Well-known member
- Joined
- Feb 8, 2007
- Posts
- 1,683
10-08-07
Brother Prater,
In response to your most recent missive, the pilots of US Airways certainly deserved more than to merely read your views; indeed, these career dues-paying members should have been heard. They approached you on several occasions, expected you to listen and then provide answers from those custodians of ALPA National Policy. To date, neither you nor your predecessor has provided a single answer which would defend the US Airways Pilots careers - not to mention their retirements.
As you know, part of ALPA Merger policy is the accomplishment of a merged contract. The ability of ALPA as an agent to deliver a mutually acceptable legal Joint Contract with the existing Nicolau Award is illusive. You may find it useful to review your earlier EC resolutions.
Please be more concise as to your charges against us with regards to our Constitution and By-Laws. You emphatically state that ‘prompt and corrective action is required’ by our MEC to comply with the C&BL. However, what is actually transpiring is not ours, but the Association’s lack of compliance with the Constitution and By-Laws. The most recent example is your failure to prosecute our Grievances/Disputes.
May we be so bold to remind you of your oath to uphold faithfully our Associations Constitution and By-Laws? Specifically, as spelled out in Article I section 6 B (5) “and to settle promptly disputes and grievances which may arise between such members and their employers.” In addition, Article III Section 4 B (1) of our C&BL charges the Chairman of a Local Council with the expeditious processing of complaints and grievances on behalf of his members. We upheld our part of the Constitution and By Laws, how about you? You may want to have your Attorneys consult the Railway Labor Act for more information regarding expeditious dispute resolution on behalf of members before you make accusations against your brothers.
Some other Constitutional failures by the Association:
1. Failure to prosecute a Temporary Restraining Order on behalf of the AAA MEC/Pilots with regards to the single FAA Certificate.
2. Allowing continued JNC (Joint) negotiations with our employer without direct representation from the AAA Negotiating Committee on behalf of AAA Pilots. (Absent Joint participation)
3. Bruce York’s negotiations with our employer regarding AAA CBA Section 1 (Scope) with relation to a Flow-Thru Agreement, without the knowledge or approval from AAA MEC.
4. Incompetence or possible manipulation by the Association of the Pilots in Bad Standing Lists and Monthly Domicile Rosters.
5. Violation of Article I section 6 B (6): “To establish fair rates of compensation, maximum hours of employment, and uniform principles of seniority for members of the Association, and to seek the adoption and perpetuation thereof.” (Parity, Nicolau, MDA)
6. Failure of ALPA’s E&FA to properly account for valuation.
7. Failure of ALPA Approved Investment Banker, Glanzer and Company, to properly evaluate company assets.
As far as our efforts to fend off USAPA, no amount of effort by the US Airways MEC could ever overcome the polarizing effect your misguided actions and current strategy has had in turning the AAA pilots against the Association, and in record breaking time at that. You and your advisors, working with a pliable ALPA policy, have created the very likelihood of the decertification which you now want us to fight. Yet, somehow, you are attempting to place the blame with someone else. Whose advice are you following?
What you have asked of us will put us in conflict with our representational responsibilities. Please don’t load-shed the personal responsibility you have for the Association’s part in the current situation!
Your warning to us with regards to “truly detrimental consequences” to the Association is hypocrisy at its finest. Instead of only considering National’s interests, have you and your advisors considered the truly detrimental consequences to the US Airways Pilots? Or perhaps the precedent this has on other members of the Association down the road? We have. This is exactly the reason we continue to advocate for our members – the US Airways pilots – at the LEC, MEC, and National level within the purview of our Association’s Constitution and By-Laws.
Once again, please be specific as to our obligations in which you claim we have not complied. Where does the authority lie in the C&BL which gives you the right to dictate your will onto our MEC and circumvent our Association’s democratic process? Have you heard of the Landrum-Griffin Act, specifically the restrictions on the power of unions to put subordinate bodies in trusteeship? You may want to ask the individuals responsible for your letter for guidance. I’m sure they are familiar.
There is plenty of evidence to demonstrate that the Rice Committee is a misappropriation of Association’s funds, not to mention the potential for a conflict of interest between the members employed by United Airlines. How is it that our Council 41 members lose all rights and privileges upon reaching age 60, but yet a certain member of the Committee continues to have standing? The Committee has yet to produce one substantive result or alternative to an Award that does not comply with Fair and Equitable. We are requesting a full prompt accounting of the Association expenses related to all activities of the Rice Committee including phone records.
Have your advisors made you aware there is ongoing litigation over the Nicolau “Award?” We find it prudent to wait for the court orders so as not to prejudice our case. Once again, anything less would be a failure to properly represent our pilots. After all, isn’t this the primary obligation of a union?
Towards the end of your letter you request our unreserved support of continued efforts to resolve all collective bargaining and seniority issues within the Association. You are not being consistent with your thoughts and demands. In paragraph 6, you request a resolution from us recognizing the seniority “Award”. Well, which is it? Is there a Seniority issue which needs to be resolved or not? Or was this merely your “Freudian Slip?”
The goals you continually espouse of “very significant improvement in pay, benefits, and career protection to all US Airways Pilots” are unattainable in light of the Nicolau Award and the Association’s historic ‘help’. Repeating them endlessly will not make them happen. Pouring salt in a wound only serves to aggravate the pain. I would have thought you knew this having fought for ‘fair and equitable’ before. Why is it different for the US Airways pilots than it was for you, John? Or are you treating this as somebody else’s fight?
This is a very ugly road you have chosen. You have clearly elevated this issue beyond that of a consensual agreement. Our performing due diligence will require the assistance of outside legal counsel to properly represent our pilots.
What will be the result when the rest of the Membership discovers ALPA Policy, not just Merger Policy, is really only a process with no consideration as to the meaning of words contain within?
Therefore, never send to know for whom the bell tolls; it tolls for thee.
Fraternally,
Chairman Council 41
Vice Chairman Council 41
Brother Prater,
In response to your most recent missive, the pilots of US Airways certainly deserved more than to merely read your views; indeed, these career dues-paying members should have been heard. They approached you on several occasions, expected you to listen and then provide answers from those custodians of ALPA National Policy. To date, neither you nor your predecessor has provided a single answer which would defend the US Airways Pilots careers - not to mention their retirements.
As you know, part of ALPA Merger policy is the accomplishment of a merged contract. The ability of ALPA as an agent to deliver a mutually acceptable legal Joint Contract with the existing Nicolau Award is illusive. You may find it useful to review your earlier EC resolutions.
Please be more concise as to your charges against us with regards to our Constitution and By-Laws. You emphatically state that ‘prompt and corrective action is required’ by our MEC to comply with the C&BL. However, what is actually transpiring is not ours, but the Association’s lack of compliance with the Constitution and By-Laws. The most recent example is your failure to prosecute our Grievances/Disputes.
May we be so bold to remind you of your oath to uphold faithfully our Associations Constitution and By-Laws? Specifically, as spelled out in Article I section 6 B (5) “and to settle promptly disputes and grievances which may arise between such members and their employers.” In addition, Article III Section 4 B (1) of our C&BL charges the Chairman of a Local Council with the expeditious processing of complaints and grievances on behalf of his members. We upheld our part of the Constitution and By Laws, how about you? You may want to have your Attorneys consult the Railway Labor Act for more information regarding expeditious dispute resolution on behalf of members before you make accusations against your brothers.
Some other Constitutional failures by the Association:
1. Failure to prosecute a Temporary Restraining Order on behalf of the AAA MEC/Pilots with regards to the single FAA Certificate.
2. Allowing continued JNC (Joint) negotiations with our employer without direct representation from the AAA Negotiating Committee on behalf of AAA Pilots. (Absent Joint participation)
3. Bruce York’s negotiations with our employer regarding AAA CBA Section 1 (Scope) with relation to a Flow-Thru Agreement, without the knowledge or approval from AAA MEC.
4. Incompetence or possible manipulation by the Association of the Pilots in Bad Standing Lists and Monthly Domicile Rosters.
5. Violation of Article I section 6 B (6): “To establish fair rates of compensation, maximum hours of employment, and uniform principles of seniority for members of the Association, and to seek the adoption and perpetuation thereof.” (Parity, Nicolau, MDA)
6. Failure of ALPA’s E&FA to properly account for valuation.
7. Failure of ALPA Approved Investment Banker, Glanzer and Company, to properly evaluate company assets.
As far as our efforts to fend off USAPA, no amount of effort by the US Airways MEC could ever overcome the polarizing effect your misguided actions and current strategy has had in turning the AAA pilots against the Association, and in record breaking time at that. You and your advisors, working with a pliable ALPA policy, have created the very likelihood of the decertification which you now want us to fight. Yet, somehow, you are attempting to place the blame with someone else. Whose advice are you following?
What you have asked of us will put us in conflict with our representational responsibilities. Please don’t load-shed the personal responsibility you have for the Association’s part in the current situation!
Your warning to us with regards to “truly detrimental consequences” to the Association is hypocrisy at its finest. Instead of only considering National’s interests, have you and your advisors considered the truly detrimental consequences to the US Airways Pilots? Or perhaps the precedent this has on other members of the Association down the road? We have. This is exactly the reason we continue to advocate for our members – the US Airways pilots – at the LEC, MEC, and National level within the purview of our Association’s Constitution and By-Laws.
Once again, please be specific as to our obligations in which you claim we have not complied. Where does the authority lie in the C&BL which gives you the right to dictate your will onto our MEC and circumvent our Association’s democratic process? Have you heard of the Landrum-Griffin Act, specifically the restrictions on the power of unions to put subordinate bodies in trusteeship? You may want to ask the individuals responsible for your letter for guidance. I’m sure they are familiar.
There is plenty of evidence to demonstrate that the Rice Committee is a misappropriation of Association’s funds, not to mention the potential for a conflict of interest between the members employed by United Airlines. How is it that our Council 41 members lose all rights and privileges upon reaching age 60, but yet a certain member of the Committee continues to have standing? The Committee has yet to produce one substantive result or alternative to an Award that does not comply with Fair and Equitable. We are requesting a full prompt accounting of the Association expenses related to all activities of the Rice Committee including phone records.
Have your advisors made you aware there is ongoing litigation over the Nicolau “Award?” We find it prudent to wait for the court orders so as not to prejudice our case. Once again, anything less would be a failure to properly represent our pilots. After all, isn’t this the primary obligation of a union?
Towards the end of your letter you request our unreserved support of continued efforts to resolve all collective bargaining and seniority issues within the Association. You are not being consistent with your thoughts and demands. In paragraph 6, you request a resolution from us recognizing the seniority “Award”. Well, which is it? Is there a Seniority issue which needs to be resolved or not? Or was this merely your “Freudian Slip?”
The goals you continually espouse of “very significant improvement in pay, benefits, and career protection to all US Airways Pilots” are unattainable in light of the Nicolau Award and the Association’s historic ‘help’. Repeating them endlessly will not make them happen. Pouring salt in a wound only serves to aggravate the pain. I would have thought you knew this having fought for ‘fair and equitable’ before. Why is it different for the US Airways pilots than it was for you, John? Or are you treating this as somebody else’s fight?
This is a very ugly road you have chosen. You have clearly elevated this issue beyond that of a consensual agreement. Our performing due diligence will require the assistance of outside legal counsel to properly represent our pilots.
What will be the result when the rest of the Membership discovers ALPA Policy, not just Merger Policy, is really only a process with no consideration as to the meaning of words contain within?
Therefore, never send to know for whom the bell tolls; it tolls for thee.
Fraternally,
Chairman Council 41
Vice Chairman Council 41
