MK82Man
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Prater delivers ALPAs response on East Pilots actions, Part II
Just the FACTS
Issue 1, A Publication of the Airline Pilots Association INTL, September 11, 2007
MEC ACTIONS
Fact
ALPA and your MECs sent out extensive communications from the time the merger was announced in 2005, informing you of the process and the consequences, and telling you why negotiating and mediating were the best routes to take. (In addition, Air Line Pilot’s May 2006 issue published a four-page article explaining the entire process.)
US Airwaves, Summer 2005
AWA MEC Bulletin, September 2005
AWA Merger Mania, July 2005
What Every Pilot Needs to Know About Mergers, Air Line Pilot, May 2006
Fact
Your MEC and your merger representatives hired your merger counsel and paid for counsel out of your merger assessments. Your MEC and merger representatives, with that merger counsel’s assistance, determined all elements of the strategy for your negotiations, including your arbitration.
Fact
The US Airways MEC and merger representatives argued in both the seniority negotiations and seniority arbitration that the seniority lists should be integrated on the basis of date of hire. That was absolutely their right to argue. Fact: In 1991 the ALPA Executive Board amended ALPA Merger Policy to remove date of hire as a factor referred to in the policy. The members of that Executive Board were MEC chairmen—pilots—from throughout the union.
Fact
The AAA and AWA Merger Committees selected George Nicolau as mediator/arbitrator for the seniority integration. Mr. Nicolau was chosen by merger attorneys for both sides alternately striking names from a list of 17 suggestions provided by ALPA. Here is what the US Airways merger representatives told the US Airways pilots in a hotline dated February 2, 2006:
“We wanted to secure [an arbitrator] to our satisfaction as soon as possible. We are pleased with the selection of George Nicolau.”
Fact
Once the MECs were unable to determine an acceptable fair and equitable solution, they turned total control over to the arbitrator. Not once did anyone from the two MECs even suggest that ALPA National take over the process or indicate in any way that anything was wrong with the process, which completely followed the Merger Policy. Your local council and merger reps understood their duties and responsibilities. If any of them now proclaim their ignorance of the process and the ramifications of their decisions, that is simply an attempt to avoid responsibility.
EXECUTIVE COUNCIL ACTIONS
Fact
After the US Airways MEC requested that the Executive Council set aside the seniority award and order another arbitration, the Executive Council gave the AAA MEC a chance to prove that the award should be set aside even though Merger Policy states that the award is “final and binding.” To this date, the US Airways MEC has not offered evidence of any impropriety that would support a finding that ALPA has not provided the exact process that it was obligated to provide.
COLLECTIVE BARGAINING
Fact
The Transition Agreement (as approved by both MECs and both pilot groups) provides that ALPA, the US Airways MEC, the America West MEC, and the management of US Airways/America West negotiate a single collective bargaining agreement covering a single corporation operating as a single airline. This includes provisions to develop and present a single seniority list through ALPA Merger Policy.
Fact
Financial analysis prepared by ALPA staff and presented to both MECs made it clear that the best opportunity for significant gains in collective bargaining within ALPA exists at the new US Airways. Here we have the strongest negotiating position, the best financial case, and the most leverage.
Fact
Absent the present controversy, ALPA and the two MECs would be well on their way to negotiating a strong, single collective bargaining agreement with substantial gains in all key areas—pay, benefits, and work rules. Pilots from both East and West need a new agreement, and they need it now. The current East collective bargaining agreement was driven by the second bankruptcy, and the West agreement by the ATSB process.
Fact
Until the day the seniority award was announced, the pilots of both groups wielded their leverage expertly. [Click here for an example.] Since that day, however, negotiations have stalled. The award controversy is squandering leverage that could benefit US Airways pilots and the entire profession for many years to come.
Fact
Only by working together can the East and West pilots make sure that they all get a fair share of the benefits of the merger. If you remain divided over the seniority award, the only one making money will be Doug Parker and his shareholders—money that should be going into pilots’ pockets.
Fact
ALPA has a plan. It’s called working together to provide some career protection and get a good contract with substantial economic gain. That is the work of the Rice Committee as assigned by the Executive Council. The Rice Committee (ALPA First Vice President Paul Rice [UAL], Captain Ray Miller [NWA], Captain Dave Webb [FDX], Captain Matt Marsh [CHA], Captain Paul Emmert [ALA], and Captain Larry Schulte [UAL ret., former EAL]) is working with representatives of both MECs, including the JNC, to put together real-world solutions that address the concerns of both the East and West pilots and bring them to agreement. This work is proceeding slowly because the challenges are so difficult, but all parties remain fully engaged in this process. [Click here for the current Rice Committee Report.]
Fact
Management has made recent proposals that increase pay, improve vacation, allow for greater contributions to retirement plans, and substantially enhance work rules. It’s clear that they are not finished bargaining and more significant improvements are possible. Management has also stated its willingness to consider reasonable career protection provisions that are mutually agreed to by both pilot groups. Your families can finally escape the bankruptcy and ATSB hell, but only if you tell your LEC reps to find the one solution that both East and West pilots can support.
Captain John Prater
President
Just the FACTS
Issue 1, A Publication of the Airline Pilots Association INTL, September 11, 2007
MEC ACTIONS
Fact
ALPA and your MECs sent out extensive communications from the time the merger was announced in 2005, informing you of the process and the consequences, and telling you why negotiating and mediating were the best routes to take. (In addition, Air Line Pilot’s May 2006 issue published a four-page article explaining the entire process.)
US Airwaves, Summer 2005
AWA MEC Bulletin, September 2005
AWA Merger Mania, July 2005
What Every Pilot Needs to Know About Mergers, Air Line Pilot, May 2006
Fact
Your MEC and your merger representatives hired your merger counsel and paid for counsel out of your merger assessments. Your MEC and merger representatives, with that merger counsel’s assistance, determined all elements of the strategy for your negotiations, including your arbitration.
Fact
The US Airways MEC and merger representatives argued in both the seniority negotiations and seniority arbitration that the seniority lists should be integrated on the basis of date of hire. That was absolutely their right to argue. Fact: In 1991 the ALPA Executive Board amended ALPA Merger Policy to remove date of hire as a factor referred to in the policy. The members of that Executive Board were MEC chairmen—pilots—from throughout the union.
Fact
The AAA and AWA Merger Committees selected George Nicolau as mediator/arbitrator for the seniority integration. Mr. Nicolau was chosen by merger attorneys for both sides alternately striking names from a list of 17 suggestions provided by ALPA. Here is what the US Airways merger representatives told the US Airways pilots in a hotline dated February 2, 2006:
“We wanted to secure [an arbitrator] to our satisfaction as soon as possible. We are pleased with the selection of George Nicolau.”
Fact
Once the MECs were unable to determine an acceptable fair and equitable solution, they turned total control over to the arbitrator. Not once did anyone from the two MECs even suggest that ALPA National take over the process or indicate in any way that anything was wrong with the process, which completely followed the Merger Policy. Your local council and merger reps understood their duties and responsibilities. If any of them now proclaim their ignorance of the process and the ramifications of their decisions, that is simply an attempt to avoid responsibility.
EXECUTIVE COUNCIL ACTIONS
Fact
After the US Airways MEC requested that the Executive Council set aside the seniority award and order another arbitration, the Executive Council gave the AAA MEC a chance to prove that the award should be set aside even though Merger Policy states that the award is “final and binding.” To this date, the US Airways MEC has not offered evidence of any impropriety that would support a finding that ALPA has not provided the exact process that it was obligated to provide.
COLLECTIVE BARGAINING
Fact
The Transition Agreement (as approved by both MECs and both pilot groups) provides that ALPA, the US Airways MEC, the America West MEC, and the management of US Airways/America West negotiate a single collective bargaining agreement covering a single corporation operating as a single airline. This includes provisions to develop and present a single seniority list through ALPA Merger Policy.
Fact
Financial analysis prepared by ALPA staff and presented to both MECs made it clear that the best opportunity for significant gains in collective bargaining within ALPA exists at the new US Airways. Here we have the strongest negotiating position, the best financial case, and the most leverage.
Fact
Absent the present controversy, ALPA and the two MECs would be well on their way to negotiating a strong, single collective bargaining agreement with substantial gains in all key areas—pay, benefits, and work rules. Pilots from both East and West need a new agreement, and they need it now. The current East collective bargaining agreement was driven by the second bankruptcy, and the West agreement by the ATSB process.
Fact
Until the day the seniority award was announced, the pilots of both groups wielded their leverage expertly. [Click here for an example.] Since that day, however, negotiations have stalled. The award controversy is squandering leverage that could benefit US Airways pilots and the entire profession for many years to come.
Fact
Only by working together can the East and West pilots make sure that they all get a fair share of the benefits of the merger. If you remain divided over the seniority award, the only one making money will be Doug Parker and his shareholders—money that should be going into pilots’ pockets.
Fact
ALPA has a plan. It’s called working together to provide some career protection and get a good contract with substantial economic gain. That is the work of the Rice Committee as assigned by the Executive Council. The Rice Committee (ALPA First Vice President Paul Rice [UAL], Captain Ray Miller [NWA], Captain Dave Webb [FDX], Captain Matt Marsh [CHA], Captain Paul Emmert [ALA], and Captain Larry Schulte [UAL ret., former EAL]) is working with representatives of both MECs, including the JNC, to put together real-world solutions that address the concerns of both the East and West pilots and bring them to agreement. This work is proceeding slowly because the challenges are so difficult, but all parties remain fully engaged in this process. [Click here for the current Rice Committee Report.]
Fact
Management has made recent proposals that increase pay, improve vacation, allow for greater contributions to retirement plans, and substantially enhance work rules. It’s clear that they are not finished bargaining and more significant improvements are possible. Management has also stated its willingness to consider reasonable career protection provisions that are mutually agreed to by both pilot groups. Your families can finally escape the bankruptcy and ATSB hell, but only if you tell your LEC reps to find the one solution that both East and West pilots can support.
Captain John Prater
President
Although we're not quite there yet.
