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RJDC 5/16/04 update

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InclusiveScope

Well-known member
Joined
Mar 14, 2002
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385
ALPA DEMANDS ALL PSA RJ-700’s BE FLOWN BY MAINLINE PILOTS

On April 30th, the PSA Master Executive Council (MEC) reported that PSA Management had made a “surprise” proposal that would require that all of PSA’s RJ-700’s be crewed solely by furloughed US Airways mainline pilots. According to at least one report, ALPA also said that management’s proposal came as a surprise to some of its PSA pilot-representatives because ALPA was not “actively engaged” in any negotiations.

But unfortunately for the PSA pilots, ALPA is downplaying its role in crafting “management’s” demands. As the RJDC reported in our April 4th update, documents published more than a month ago by the US Airways MEC reference a pre-existing agreement-in-principle entitled “Attachment ‘C’ Principles to be included in US Airways/PSA Four Party SJ Agreement.” Likewise, sections in the proposed mainline “Consolidated Small Jet Agreement” state that the placement of additional RJ-700’s will be subject to “staffing, pay and seniority for bidding procedures to be agreed by the Association and the Company.”

Therefore, there can be no doubt that management’s “request” was the direct result of ALPA’s mainline bargaining demands and thus hardly a “surprise” to ALPA’s officials. Events at PSA continue to illustrate the ill-affects caused by ALPA’s predatory mainline bargaining as it becomes increasingly obvious that PSA’s pilots aren’t really bargaining with management -- but against their own union. Furthermore, ALPA’s use of management to make proxy demands against the union’s own members constitutes a gross neglect of ALPA’s duties to the PSA pilots if not an outright deception.

ALPA’s apparent double-dealing and its refusal to put an end to predatory bargaining are precisely why an increasing number of ALPA’s “regional” members have looked to the courts for protection against their own union. Any US Airways Express pilot who desires additional information should contact the Pilots for Fair Representation via their web site at the link provided below.

Related Links: www.rjdefense.com/2004/loa91.pdf

http://www.pilots4fair.freeservers.com


ALPA’s “BRAND SCOPE” Initiatives Prove Farcical as US Air Pilots Ratify LOA 91

On May 10th, ALPA announced that the US Airways pilots had ratified the new Consolidated Small Jet Agreement (LOA-91) by a 3 to1 margin. According to ALPA, the agreement gives management more “flexibility” in deploying small jets in greater numbers at US Airway’s affiliates in order to protect the financing. In championing the agreement, ALPA also stated that the new agreement would help prevent the potential “loss” of Jets for Jobs positions.

But for the third time in two years, ALPA has “locked-out” its “regional” members at US Airways as it again unilaterally imposes a multitude of special terms and conditions on a take it or leave it basis. As the RJDC has repeatedly warned, ALPA’s “Brand Scope” initiative is little more than a political smokescreen intended to obscure ALPA’s predatory mainline practices.

The true ugliness of ALPA’s actions will be readily apparent when thousands of ALPA’s “regional” members are told they must accept ALPA’s mainline terms “as is” or the new aircraft on which their futures depend will be diverted elsewhere—with ALPA’s blessings.

Related Link: www.rjdefense.com/2004/loa91_codeaphones.pdf


Contradiction: ALPA Refuses to Draw Legal Conclusions about Its Own Scope Clauses

In 2000, ALPA promised the Delta pilots that small jet restrictions, such as fleet or flying ratios and route restrictions, would protect “mainline” flying and therefore “mainline” jobs. Then again in 2003, ALPA published an editorial entitled, “Scope Works for All Pilots,” in which it extolled the purported virtues of the Delta scope clause.

However, when recently asked to state the same “on the record” as part of the pending litigation, ALPA objected, stating that such questions called for “legal conclusions and/or speculation,” were “vague” and “not relevant,” or were predicated upon “false assumptions.” ALPA made its objections in response to plaintiff’s interrogatories, which are formal essay-type questions that must be answered under oath.

ALPA’s waffling strongly suggests that the union’s previous representations concerning the purported “benefits” of small jet restrictions will not withstand scrutiny. Of course, none of this comes as any surprise to the RJDC leadership as we’ve pointed out for years how ALPA was quick to make claims—but very slow to provide any facts in support of its conclusions.

While plaintiffs have since agreed to rephrase the questions in order to permit ALPA’s officials to provide their “understanding,” ALPA’s members should take note of ALPA’s apparent reluctance to definitively state how the Delta scope clause works. More importantly, if ALPA’s motives were genuine, then one would think the union’s leadership wouldn’t hesitate to say so—under oath.

Related Link: www.rjdefense.com/2004/alpa_responses.pdf

www.rjdefense.com/2004/scopewidget.pdf

Scope Fact: Why Seat and Route Restrictions Don’t Work

Prior to the 9/11 downturn, ALPA ignored questions concerning the efficacy and validity of small jet restrictions. Instead, despite the obvious failure of ALPA’s contracts to preserve “mainline” flying, ALPA’s fear-mongers continue to insist that if unrestricted, the small jet would replace larger aircraft in many domestic markets. But an example from Delta’s May 11th timetable illustrates why that’s not the case:

City Pair: ATL-JAX Distance: 270 NM Aircraft: 7 B-767s, 1 B-757, 2 MD-88s Total number of seats: 2228

City Pair: CVG-JAX Distance: 614 NM Aircraft: 2 MD-88s, 1 RJ-70, 2 RJ-50s Total number of seats: 454

Despite the much shorter stage-lengths, Delta uses a substantial number of large aircraft to serve the ATL-JAX market. Why? Market Demand! When there is sufficient passenger demand, the larger aircraft’s lower seat-mile costs will prevail. Conversely, when demand is less, the smaller aircraft’s lower cost-per-departure will mandate its use. This fact holds true throughout the entire fleet range.

Therefore, passenger demand and aircraft economics, not scope restrictions, will always determine which aircraft serves a given market. Attempts to dictate otherwise with a labor agreement will eventually harm the union’s members who depend upon a healthy airline for their livelihoods.

Related Link: www.rjdefense.com/2003/10_Things_About_Scope.pdf

SkyWest’s Pilots Reject In-House Union Bid: Did ALPA’s Apparent Involvement Hurt or Help?

On April 18th, the National Mediation Board announced that the SkyWest pilots had rejected by 3 to 1 a bid by the Unified Pilots Association (UPA) to form an in-house union. Previously, in 1999, ALPA failed in its efforts to represent the SkyWest pilots. This time around, the efforts of the UPA may have been hampered by the specter of ALPA’s active involvement in the “in-house” drive.

The UPA organizers themselves disclosed that they were in close communication with ALPA’s mainline MEC’s and they detailed the involvement of ALPA staff members, attorneys, and elected officials in at least one UPA meeting. Unfortunately for the UPA effort, many of those who claimed to support the SkyWest pilots and their organizing efforts have long histories of working against the small jet and its pilots.

ALPA will not be able to organize “regional” pilot groups or even assist in “in-house” drives until it purges its addiction to small jet restrictions and the commensurate use of “regional” interests as mainline bargaining capital. Just last year, pilots at both Chicago Express and CommutAir rejected ALPA representation.

Related Link: www.unifiedpilots.org
 
part 2...

Counterpoint: Weak & Irrelevant Arguments Illustrate Depth of ALPA’s Problems

Over the years, ALPA has gone to great lengths to obfuscate the real issues and to mischaracterize the concerns of its membership. Perhaps one of the best testaments to the potency of the RJDC’s case for reform is ALPA’s own arguments; both “official” and “unofficial.” Most are unsupported by the facts, many are largely irrelevant, and a few are downright absurd—but nonetheless advanced by the critics of the RJDC.

Unsupported



The small jet is “stealing” or “eroding” mainline flying and “Mainline” carriers would become “all-RJ” airlines.

The small jet is “subsidized” by mainline revenues.

Small jet restrictions protect “mainline” pay and benefit structures.

Small jet restrictions “promote” and “create” more large jet flying.

The litigation seeks to end “all scope.”

Irrelevant


The small jet is “clogging-up” the air traffic control system.

The small jet is “uncomfortable” and disliked by the passengers.

The small jet costs too much to purchase and operate.

“”Mainline” pilots pay more dues and ALPA “loses” money on its “regional” pilot groups.

“Regional” flying is merely a stepping stone to a “mainline” job.

Absurd


The small jet is not as well-built as “large” aircraft.

“Regional” pilots don’t know how to negotiate and are willing to fly for little or no pay.

“Regional” pilots secretly aspire to “steal” mainline equipment for themselves.

Unilaterally imposed small jet restrictions are just “part of life” at a “regional” airline.

Of course the real issue is ALPA’s bad faith conduct toward its “regional” members and the union’s glaring conflict of interest. ALPA cannot claim to uphold its duty to its “regional” members when it actively supports, encourages, and funds efforts that are diametrically opposed, if not outright hostile, to those whom the union is obligated to represent. So when the RJDC’s critics can merely offer “arguments” and so-called “facts” that are either unsupported, irrelevant, or downright absurd, you can be certain that there’s something else they don’t want to discuss.

Related Link: www.rjdefense.com/2004/litigation_factsheets.pdf

www.rjdefense.com/2004/ALPA_scope_commentary.pdf


Commentary: Paying the Price for Flawed Scope Clauses

Which of the following Delta MEC code-a-phone messages indicate the existence of contractual problems?

1. 04/23/01: We have achieved limitations on RJs, tying RJ growth to mainline expansion.
2. 09/26/01: Today management informed us they would furlough up to 1700 pilots.
3. 04/29/04: System RPMs have reached the “trigger” level mandating the recall of furloughed pilots.

To answer the question, let’s examine all three in detail. Message #1 was ALPA’s announcement of an “industry leading” contract at Delta complete with “job security” provisions built upon the false notion that RJ restrictions would promote mainline growth. Message #2 followed five months later which painfully affirmed the fact that RJ restrictions won’t “preserve” or “promote” mainline growth.

Message #3 serves as a harbinger of problems to come as “system RPM’s” are not the same as “mainline RPM’s” and therefore the actual number of vacant mainline pilot positions is in question. Therefore, the answer to the question is that all three messages from ALPA point to serious shortcomings in the Delta scope clause.

That’s not to say that the recall of the furloughees isn’t good news for 1060 Delta pilots and their families. But the fact remains that the economic and contractual circumstances contributing to their furlough has not changed.* Therefore, the speed and ultimate success of the recalls would appear linked to changes in the Delta scope clause.

Of course, there are those who erroneously believe that the forced recall of the furloughees will compel management to add additional large jets to the mainline fleet. But even ALPA’s own data tell us pilot costs are but only a small fraction of an airliner’s total operating costs. Therefore the reactivation of idled mainline aircraft or the addition of “large” aircraft will be driven by market forces and passenger demands, not a labor contract.

Another option is to redefine what “mainline” flying is, or conversely, to redefine Delta Connection flying. As a notation in the 2003 Delta Annual Report suggests, the company would like to exercise at least some of its remaining RJ-70 options.** However, any attempt to by ALPA to unilaterally “redefine” Delta mainline flying to the detriment of its ASA and Comair members would undoubtedly run afoul of issues raised in the ongoing litigation. The same applies to “Jets for Jobs” or any number of nefarious “solutions” imposed or proposed by ALPA at other carriers, most notably USAirways.

No, the issue is much too important to sugar-coat or wish away. As the American automakers first scoffed at and then attempted to block the Japanese imports (failing to recognize them as the high-quality cars they were), ALPA has yet to officially embrace the small jet for what is—a highly flexible and profitable airliner. Thus, while thousands of its members remain unemployed, ALPA still believes it must prevent employers from purchasing the “wrong” aircraft.

The moral of the story is that the small jet is nothing less than an airliner that requires airline pilots to fly it. It’s neither a “feeder jet” nor a “commuter jet.” It’s a job-maker, not a job-stealer. It’s a money-maker, not a money-loser. More importantly, ALPA’s employment base, and thus its bargaining strength, will never recover as long as the union views the small jet as something to be manipulated and restricted.

Crises in our industry do not relieve ALPA of its responsibility to uphold its duties to its members. It’s painfully obvious that ALPA must respond to changes in a manner that reflects its duties to all its members. But misleading ALPA’s membership by claiming the furlough crisis requires the imposition of new small jet restrictions won’t cut it any more.

---------------------
* In its most recent financial disclosure, Delta management indicated that the ultimate recall of all 1,060 furloughed pilots could result in the retention of some pilots in excess of the company’s needs.

** Delta 2003 Annual Report, Page 24, Note #3

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I was thinking the RJDC was just an ASA/Comair thing but are there members outside of these two? Or was this article just a "see what can happen" article.
 
Re: RJDC 5/16/04

DrinkSweetTea said:
I was thinking the RJDC was just an ASA/Comair thing but are there members outside of these two?

Pilots from two other airlines, Piedmont and Allegheny, have joined together to file a Duty of Fair Representation lawsuit against ALPA over the Jets for Jobs fiasco at US Airways Express.

Thus far, it is two independent efforts utilizing the same attorney.

www.pilots4fair.freeservers.com

www.rjdefense.com
 
Last edited:
Skywest and UPA

UPA's ties to ALPA (real or perceived) were a pretty minor part of the debate. I don't think it really affected the vote.

Scott
 

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