RJDC letter to ALPA

JoeMerchant

ASA pilot
Joined
Mar 31, 2005
Posts
6,353
Total Time
14000+
August 25, 2005
Captain Duane Woerth, President
Air Line Pilots Association
1625 Massachusetts Avenue NW
Washington DC 20036-2212


VIA FAX AND CERTIFIED MAIL
Re: Resumption of Delta Mainline Bargaining

Dear Captain Woerth,

On August 19, 2005, Delta management formally notified ALPA of the company’s projected liquidity shortfall pursuant to paragraph 4(a) of the Bankruptcy Protection Letter. Both the company’s notice and the circumstances behind it are clear indications that another round of mainline bargaining may be imminent.

Consistent with our numerous letters concerning ALPA’s bargaining practices at Delta, we respectfully request that the Association ensure that it conduct itself in manner reflective of its duties to the ASA and Comair pilots. As evidenced by ALPA’s conduct at other carriers, the prospect of "crisis" bargaining at Delta increases the likelihood that ALPA’s mainline interests will seek to obtain provisions harmful to the ASA and Comair pilots or otherwise use our interests to create negotiating capital.

Of special concern is the possibility that ALPA’s arbitrary restrictions on the number of 70-seat aircraft Delta Connection may operate could result in significant job losses at ASA and Comair. As we wrote the Association prior to the last round of Delta bargaining, the 70-seat markets hold the key to ASA and Comair’s future. Should Delta elect to realign its small jet fleets by eliminating older RJ-50’s, then job losses and furloughs could be a direct consequence of ALPA’s arbitrary restrictions if ASA and Comair are not "permitted" by ALPA to replace their aging fleets with new market appropriate aircraft.

In a constructive sense, the prospect of additional Delta bargaining affords the Association another opportunity to undo provisions in the Delta scope clause that have proven not merely counterproductive but also markedly unfair. As we first warned ALPA four years ago, small jet restrictions are inherently unfair, fundamentally flawed, and incapable of protecting "mainline" flying.

It is clear from ALPA’s experience at Delta that discriminating against selected airliners and their pilots serves no useful purpose and is the root cause of many of the Association’s problems. Once free of the distractions caused by these misguided and harmful provisions, the Association could better focus on securing credible contractual protections while upholding its duty to fairly represent all its member groups.

We ask, yet again, that ALPA remove all unfair and unwarranted small jet restrictions on its own accord and take steps to avoid harm to the ASA and Comair pilots. But notwithstanding the circumstances in which the changes might be made, ALPA’s duties to the ASA and Comair pilots require that the following elements in the Delta pilots’ scope clause be addressed:
  • Unilateral and arbitrary definition of "Permitted Aircraft Types"
  • Unilateral and arbitrary imposition of block hour ratios and limits.
  • Unilateral and arbitrary hub and route restrictions.
  • Unilateral and arbitrary restrictions on the operation of aircraft not carrying the Delta code.
  • Unilateral and arbitrary preconditions on the operation of additional 70-seat aircraft.
In the event that ALPA’s leaders believe that the sale of ASA to SkyWest lessens the union’s duties to the ASA pilots, we note that the Court has already ruled in our case that the union’s obligations to its members is not defined by the corporate structures. More so, should ASA or Comair be forced to pursue code-sharing relationships with other carriers, the harm that accrues to the ASA and Comair pilots may increase due to ALPA’s overlapping and incompatible small jet restrictions.

While ALPA’s duties to the ASA and Comair pilots should be reason enough to enact needed reforms, the added prospect of another organizing drive at SkyWest should give ALPA further incentive to change its ways. As evidenced by the requests made by ALPA’s own organizers to the RJ Defense Coalition, ALPA’s predatory scope practices constituted a major factor in ALPA’s unsuccessful organizing drives at Chicago Express and CommutAir.

Likewise, a more recent attempt to start an in-house union at SkyWest was overwhelmingly rejected by the SkyWest pilots once ALPA’s behind-the-scenes role in the effort became known. The fact that the ASA and Comair pilots have been forced to take legal action against ALPA will remain a prominent issue in any future SkyWest organizing campaign as long as ALPA’s conduct remains unchanged.

Therefore, in light of the fact that ALPA’s small jet restrictions constitute a serious breach of the union’s duty of fair representation and continue to prove harmful to all ALPA’s members, we again request that our concerns be addressed without delay.

As always, feel free to contact us directly or through counsel should you have any further questions.

Sincerely,
/S/ /S/
Captain Kenneth Cooksey Captain Daniel Ford
Atlantic Southeast Airlines Comair Airlines


cc: Executive Council
ASA MEC
Comair MEC
Delta MEC

Michael S. Haber Esq.


1. Ref. our letters dated February 26, 2004, July 3, 2004, September 24, 2004, October 17, 2004, February 19, 2005
2. Ref. the unilateral imposition of "Jets-for-Jobs" and "Slotted Bidding" at USAirways, ALPA’s "NWA70" proposal and the mandatory outsourcing of small jets at Northwest, and ALPA’s boast at Northwest that it received a $15-million dollar bargaining credit for "allowing" the operation of more small jets.
3. Pilot job losses caused by small jet restrictions are not analogous to the mainline furloughs; the distinction being the absence of any restrictions on the number of new Boeing or Airbus aircraft ALPA’s "mainline" carriers may acquire.
4.Ref. August 14, 2001 submission to ALPA’s Bilateral Scope Impact Committee.
5. ALPA’s organizers at Chicago Express quoted extensively from the RJDC’s publications, thus confirming the existence of serious doubts about ALPA’s conduct directed toward its own members.
6. In defense of its actions at Delta, ALPA’s attorneys have argued that its mainline interests can impose whatever small jet restrictions they so please. Such arguments raise serious questions concerning the sincerity of ALPA’s overtures directed at the SkyWest pilots.

 

BenderGonzales

Well-known member
Joined
Jul 3, 2005
Posts
859
Total Time
xxxxxx
Duane's Response

August 25, 2005

Re: My recent change of heart


Dear Captains Ford and Cooksey,

I am in receipt of your letter dated August 25th, 2005 and have discussed the contents of this letter with the Executive Board and the Delta MEC.

After a good deal of discussion and some soul searching I find myself in the unenviable position of having to apologize to you and to your pilot group.

It is clear to me now that scope-language - specifically language governing the following - is violently destructive to the career expectations of ALPA's regional-airline members.
  • "Permitted Aircraft Types"
  • block hour ratios and limits.
  • hub and route restrictions.
  • operation of aircraft not carrying the Delta code.
  • operation of additional 70-seat aircraft.
Effective immediately the association will send letters to each of the Legacy Airline management teams releasing them from their obligations under scope.

ALPA EF&A has advised the executive council that we can expect the following response from the Legacy Airlines in the united states:

Regarding permitted aircraft types: With exempt aircraft types removed from scope-language we expect that existing and future portfolio arrangements will be expanded to include the outsourcing of any and all narrow and widebody aircraft. Republic Airlines has already responded by placing an order for 75 Boeing 787s through its Wexford unit.

Block Hour Ratios and Limits: Total hours of outsourced flying will no longer be based upon percentages of total mainline block-hours. ALPA anticipates that Legacy Airline managers will park their existing domestic fleets over a period of 12 months. After this time the "Legacy" carrier will act as a ticket broker providing lift through the use of multple code-shares.

Hub and Route Restrictions: All restrictions will be lifted and unlimited hub-to-hub flying will be permitted by contractors. Legacy airline management may adjust aircraft size and city-pair frequency as necessary to accomodate marketing. Additional carriers may be added to the portfolio and additional RFPs announced to support the transfer of all flying from Delta to affiliates.

Operation of aircraft not carrying the Delta code: Since technically Delta Airlines will no longer exist, you will be exempt from this requirement as well. All aircraft providers will be required to "bid" for flying for each of the network ticket brokerages. (formerly American, Continental, Delta, United, US Airways, Northwest, etc.)

As an act of good faith ALPA will also remove the following traditional scope-language from all PWA's nationwide:

"All flying performed by XYZ Airlines will be performed by pilots on the XYZ airlines system seniority list except..."

Since contracts will no longer define the scope of work to be performed, the contracts themselves will be eliminated over the next 12 months as well.

ALPA will be disbanded over that period and will restructure as a retail-food outlet specializing in fried chicken.

It is clear from our experience at Delta that discriminating against selected airliners and their pilots has served no useful purpose and has been the root cause of many of the Association’s problems. Once free of scope-language ALPA will have no further reason to exist as a pilots association.

As always, feel free to contact the association directly or through your elected leadership should you suddenly find that you were able to extract your head from your rectum.

Love and kisses,


Captain Duane Woerth, President
Air Line Pilots Association
1625 Massachusetts Avenue NW
Washington DC 20036-2212
 
Last edited:

Draginass

Well-known member
Joined
Nov 29, 2001
Posts
1,852
Total Time
5000+
These RJDC clowns still around . . . . sort of like Trekkies.
 

180ToTheMarker

12 months of October
Joined
Feb 18, 2003
Posts
658
Total Time
10K
Jeez, give it a rest Danny boy....good luck when Mesa buys you.
 

michael707767

Well-known member
Joined
Sep 20, 2002
Posts
1,640
Total Time
13,500
the irony is, lets say DALPA did allow unlimited 70 seaters? There is no certainty CMR would see any of them. Much, much more likely that Mesa, CHQ and Skywest would get em. So, ironically, the only thing protecting CMR (and formerly ASA, but doesn't apply to them now that they are gone) is a provision that the Delta pilots negotiated saying 25% of all Delta flying must be done by ASA and CMR as long as they are wholly owned.
 

~~~^~~~

Well-known member
Joined
Dec 21, 2001
Posts
6,137
Total Time
7,500+
Michael:

No irony there. ASA is not owned by Delta (or will not be for long) and SkyWest negotiated better scope for their purchase than ALPA negotiated for you, or me.

It isn't the Delta MEC's job to look out for the Comair and ASA guys and of course they have had all they can handle trying to work agreements during Delta's tailspin. The Delta MEC should take their hands off the flying that they do not want to perform - and by hands off I mean not block other groups from getting some scope of their own.

If you want to fly the RJ, fly the RJ. If you don't then take your remote control box off my airplane.

~~~^~~~
 

Tim47SIP

Serving for the USofA
Joined
Dec 5, 2001
Posts
1,157
Total Time
10,000
Will it stick?

So, ironically, the only thing protecting CMR (and formerly ASA, but doesn't apply to them now that they are gone) is a provision that the Delta pilots negotiated saying 25% of all Delta flying must be done by ASA and CMR as long as they are wholly owned.


I just wonder if this will even stick. With ASA soon to be un-wholly owned, what happens to the numbers. Comair certainly can't fullfill the requirement alone, and if they could, it would take years to man the operation. Delta also signed agreements with Skywest for ASA to keep 80% of all DCI flying in ATL. The whole thing sounds like major change is in the air.
 

737 Pylt

Banned
Um....Floats anyone??
Joined
Jul 8, 2003
Posts
3,085
Total Time
enough
~~~^~~~ said:
Michael:

It isn't the Delta MEC's job to look out for the Comair and ASA guys and of course they have had all they can handle trying to work agreements during Delta's tailspin. The Delta MEC should take their hands off the flying that they do not want to perform - and by hands off I mean not block other groups from getting some scope of their own.

~~~^~~~
Fins:
That pretty much sums it up. I think your pals ford and kookey don't see it that way though. And danno should be worried more about the sale of cmr to mesa than what we at DAL do. Their circle jerk is coming to a quick end for them, and they are still grasping for air! The desparation would be hysterical if it wasn't so pathetic!
737
 

PCL_128

Well-known member
Joined
Nov 21, 2002
Posts
15,296
Total Time
5000+
737 Pylt said:
The desparation would be hysterical if it wasn't so pathetic!
737
Nah, it's still hysterical. :D
 

michael707767

Well-known member
Joined
Sep 20, 2002
Posts
1,640
Total Time
13,500
Tim47SIP said:
. Delta also signed agreements with Skywest for ASA to keep 80% of all DCI flying in ATL. The whole thing sounds like major change is in the air.

I saw that. I wonder if it sets a floor on DCI flying in Atlanta. In other words if Delta cuts DCI flying in half, even at 80% of the total, ASA would be doing a lot less DCI flying. But yes, change is in the air. Big time!
 

General Lee

Well-known member
Joined
Aug 24, 2002
Posts
20,442
Total Time
A lot
Unfortunately, there could up to 100 or more CRJ-50s parked if we venture into court, and it would take a long time to replace them with brand new CR7s. Kooksy and Ford don't realize that we at mainline have lost a lot of equipment too, like 727s, MD11s, L1011s, and coming up here probably 732s, 733s, and 762s. We would be getting rid of them because they are fuel hungry and don't provide enough revenue, kinda like the CR2s. (also the 732s and 762s are MX hogs)


I agree with Michael707 when he says Comair won't be getting any new airplanes, since we cannot afford it. Any new growth would come from SkyWest, CHQ, or Mesa(the new possible owner of Comair). Also, any new GE CR2s will likely be staying around, but any other ones leased from elsewhere could be gone. Ford and Kooksy worry about possible furloughs, but have already forgotten about our 509 guys still out. Typical. "When Mama sick, everyone get sick...."


Bye Bye--General Lee
 
Last edited:

General Lee

Well-known member
Joined
Aug 24, 2002
Posts
20,442
Total Time
A lot
StaySeated said:
what is 80% of zero?
You really think Delta will go to zero? You think Georgia will allow that? No way. Maybe a merger.


Bye Bye--General Lee
 
Last edited:

StaySeated

IBT does not represent ME
Joined
Nov 27, 2001
Posts
782
Total Time
10500
nah, I was referring to what is now considered "dci". DAL will be around I just believe that the feed will be called something else and be flown by someone other the current names. Who knows.
 
Top