PCL ALPA sues Pinnacle Airlines

[ShutupandFly]

Clear violation of the RLA.
I'm not a labor attorney, but the bonus program clearly appears to be a violation of the collective bargaining process, as required by the Railway Labor Act, (you know, that thing that prevents you from going on strike and allows managment to employ highly profitable delaying tactics for years-on-end).

Management(s) has shown that they will use the RLA to keep labor chained to the bargaining table and make you continue to work under an expired, substandard contract for as long as it benefits THEM.

Here's my question/suggestion; instead of a lawsuit seeking injunctive relief, what if ALPA filed a Declaratory Judgement Action asking the court to declare the bonus program to be in bad faith and in violation of the collective bargaining agreement? Assuming that Pinnacle management continued to offer bonuses to new-hire pilots, would the Declaratory Judgement ruling give the pilot group an "out", allowing the pilots to go on strike, without regard to the RLA?

Food for thought. Maybe a lawsuit seeking injunctive relief is not the best move ALPA can make at this point. Use management's acts of bad faith against them.

Now that's interesting. TWU is telling the 9E dispatchers that unions have no problem with the company paying out a bonus while in negotiations with a group.

 

[sinkrate]

-Only the NMB can declare an impasse and release the two parties to 'self help'. It is probably beyond a Federal Court's authority to order a release.

-The biggest problem with the 'bonuses' was the discrimintory way they were being paid. Management even put out a memo describing how some classes would get them and some would not. At the same time they were advertising these bonuses they are considering doing away with paid lodging and per diem during training to recoupe the expense of the bonuses. Don't be surprised if you show up for class and they announce no hotels for your class.

 

[PCL_128]

-Only the NMB can declare an impasse and release the two parties to 'self help'. It is probably beyond a Federal Court's authority to order a release.

That's not the way ALPA Legal interprets it. Legal's interpretation is that if a judge declares a breach of status quo, then he can declare a release to self help.

 

[Tram]

So I can't collect on the $500 they offered me for stickin' it out here six months?

 

[federico]

The only way to screw a company is with fuel. Bottom line is the guy who has his hand on the throttle is in charge. Start using max t.o off thrust, and put the landing gear down 50miles out, donot take directs only flt plan route and only do full procedures. After a month of that and 20percent full used increase, you guys will have a contract. Trust me. This works better than strikes.

 

[Smarta$$]

So I can't collect on the $500 they offered me for stickin' it out here six months?

You haven't even been here six months and you are telling people it is not that bad? Get a clue.

 

[pilotdiscretion]

The only way to screw a company is with fuel. Bottom line is the guy who has his hand on the throttle is in charge. Start using max t.o off thrust, and put the landing gear down 50miles out, donot take directs only flt plan route and only do full procedures. After a month of that and 20percent full used increase, you guys will have a contract. Trust me. This works better than strikes.

However, you would have to change your negotiating tactics from "Professional Pilots Wanting a Professional Contract" to "A$$hole Pilots Holding the Airline Hostage". As long as it takes, I'd rather get a contract by being honest and part of the most professional pilot group in the industry than using terrorism tactics.

 

[Rez O. Lewshun]

The only way to screw a company is with fuel. Bottom line is the guy who has his hand on the throttle is in charge. Start using max t.o off thrust, and put the landing gear down 50miles out, donot take directs only flt plan route and only do full procedures. After a month of that and 20percent full used increase, you guys will have a contract. Trust me. This works better than strikes.

It only works when every one does it... An Army of One is futile....

Everyone does it when critial mass is reached..

 

[PCL_128]

The only way to screw a company is with fuel. Bottom line is the guy who has his hand on the throttle is in charge. Start using max t.o off thrust, and put the landing gear down 50miles out, donot take directs only flt plan route and only do full procedures. After a month of that and 20percent full used increase, you guys will have a contract. Trust me. This works better than strikes.

I agree, but Rez is also correct. It doesn't do any good when only a handful of pilots are doing it. It has to reach the point that it did at ASA where a large portion of the pilot group is doing it. Writing up airplanes at outstations is also a very effective way to deal with it, and the NetJets pilots used that tactic with great results. The problem is that the union can't get involved and tell everyone to do it, so it has to happen from the grass roots. Things usually have to drag on for quite a while for a real grass roots movement to get started. It took the line pilots at ASA five years to get to that point.

 

[arthompson]

I don't know if the fuel issue would work with Pinnacle. The new Airline Services Agreement states that NWA pays for all of the fuel. At this point you have to wonder in the guys in the palace would rather pay the penalties to NW than get a contract.

 

[PBRstreetgang]

Mesaba 2425 has always been a pimple on the arse of flightinfo, hasn't been around for a while and he does not represent Mesaba in any way, shape, or form. Give 'em hell 9E guys and gals!

MM

Its really quite simple, do some data mining and find out who he is, get em fired, plain and simple, he is the enemy and must be flushed back to the Carls JR where he/it belongs!
Fukk em
PBR

 

[redflyer65]

So far, your right. The company has been willing to pay Northwest whatever the performance penalty would be instead of paying their pilots a decent contract. Do you see a pattern about how management works with/treats their pilots?

Here's my question...

Can the judge unilaterally declare the company is bargaining in bad faith and allow both parties to enter a cooling off period? Basically doing an end run around the NMB?

This seems to be the biggest question in my mind. Anyone have any good intel?

 

[PCL_128]

I don't know if the fuel issue would work with Pinnacle. The new Airline Services Agreement states that NWA pays for all of the fuel. At this point you have to wonder in the guys in the palace would rather pay the penalties to NW than get a contract.

I don't have my meeting notes in front of me, but my recollection is that the new ASA did the exact opposite. Under the old ASA, NWA paid for all fuel costs, with performance penalties if Pinnacle exceeded their goals. Under the new ASA, Pinnacle has to pay for fuel and training costs, which were both new expenses for them.

 

[PCL_128]

Can the judge unilaterally declare the company is bargaining in bad faith and allow both parties to enter a cooling off period? Basically doing an end run around the NMB?

This seems to be the biggest question in my mind. Anyone have any good intel?

I believe ALPA Legal's interpretation is that a federal judge can declare a breach of status quo, therefore negating the process under the RLA, and releasing both parties to self help.

 

[Quack]

The fuel issue is a great idea to a solution, but as someone said earlier, it only works if EVERYONE is doing it. After working at a different regional before coming to pncl, i noticed how afraid management has made the pilot group feel. Don't get me wrong there are a ton of great guys/gals there, but i have never seen so many people in fear of a company that treats them like shiat. don't forget that you are the pilots!! take as much gas you want, burn as much gas as you want, drop the gear when you want, run the apu when you want. it's your plane, this is your time and your chance!

 

[Lazy8]

NWA pays for the fuel.

http://biz.yahoo.com/e/061222/pncl8-k.html

Under Restructured Economics:

First, Northwest will provide jet fuel to Pinnacle at no charge to Pinnacle, and fuel will be removed as a revenue and expense item from Pinnacle's statement of operations. As fuel will no longer be an expense item, Pinnacle will no longer receive its target margin on fuel expense.

 

[Flyprdu]

That's even better. Why not have a little sh1t roll downhill from Lone Oak Pkwy? Even the most stubborn children need to have the parents come in and say "break it up."

 

[PCL_128]

Thanks for posting that. I don't know why I was thinking otherwise. It's been a while since I've looked at any of those notes.

 

[TurboAWD]

PCL, you were probably thinking that because there was a change to how fuel expense is handled

9E used to get a margin on fuel, now it does not.

Turbo

 

[Lazy8]

It'll be interesting to listen to this Nov. 1 Q3 Earnings Call. The last serveral times the investors have asked about our pilot shortage PT replys that we don't have a shortage. Everything is peachy.

Well of course we don't have a pilot shortage. Operating with half the staffing it takes to run a quality airline and paying us 20-30% below industry average is the Pinnacle way.

Here's an idea. Put together a 2-weeks notice and get all 1400 of our pilots to sign it with a note saying we'll rescind the notice if we get a TA. This negotiations process is total bull********************.