InclusiveScope
Well-known member
- Joined
- Mar 14, 2002
- Posts
- 385
Update
August 20, 2002
Comair Plaintiff Count Reaches 300 as ASA Plans are Finalized
After seeing their fellow pilots victimized by ALPA's predatory bargaining, more than 300 Comair pilots have asked that their names be added to the first of two lawsuits intended to compel ALPA to uphold its duties to ASA and Comair pilots. In addition, plans are underway concerning a second suit on behalf of the similarly situated ASA pilots, as well as involvement by ASA pilots in the pending lawsuit.
The legal action has taken on added importance after ALPA supported efforts of the US Airways MEC to unilaterally divert hundreds of new aircraft, otherwise destined for the wholly owned carriers, to a new "preferred" subsidiary staffed by US Airways pilots.
By organizing the largest suit of its kind in ALPA's history, ASA and Comair pilots have sent a clear message to anyone in ALPA who may be contemplating similar actions at Delta. The ASA and Comair pilots are prepared to compel the union to uphold its obligations to treat all its members in the Delta family of airlines equally and without discrimination.
Delta MEC Says it will Seek End to Force Majeure Scope Exemptions
On July 16th, the Delta MEC wrote Delta's CEO claiming that ALPA's legal and financial experts have determined that the force majeure period had ended and demanded that management cease furloughing pilots and establish a recall schedule. In a recent meeting between Delta management and ALPA, the company re-affirmed its need to maintain mainline capacity reductions and resultant furloughs. Consequently, the Delta MEC has decided to take the matter back to the System Board of Adjustment, which has scheduled hearings for October 30 and 31.
Of concern to the ASA and Comair pilots is the fact that the same force majeure exception clause that permits management to furlough pilots also provides temporary relief from the scope ratios. We have already warned ALPA's leaders that any attempt to enforce the ill-gotten scope restrictions will undoubtedly harm ASA and Comair pilots. Rather than attempting to enforce the egregious provisions, we believe that ALPA should instead find ways to preserve mainline jobs without violating its duty to ASA and Comair pilots.
Delta's Restructuring Plans May Lead to Mainline Scope Negotiations
As Delta releases more information concerning its restructuring, it is becoming apparent that significant changes in the current Delta mainline scope clause may be required. Thus far, Delta management has indicated that it wishes to negotiate domestic code-share alliances with other major airlines and is planning to restructure operations to fend off low-cost competitors, which may include major changes to Delta Express and the re-deployment of RJs.
Any domestic mainline code-share alliance and placement of larger aircraft at Delta Express will require changes in the Delta scope clause. The Delta MEC has already indicated that should management request changes to the Delta pilot working agreement, protecting mainline jobs and advancement opportunities will be its top priority. What role ASA and Comair's 475 aircraft orders and options will play in these negotiations remains unknown. It's our position that notwithstanding current scope restrictions, the Delta MEC may not seek to use the jobs or flying of the ASA and Comair pilots as bargaining capital in their negotiations, nor may it unilaterally negotiate issues that directly affect our interests.
Court Narrows ALPA's Motion
As previously reported, ALPA filed a motion for dismissal and summary judgment. The court previously permitted us limited discovery to respond to ALPA's motion. However, we sought court intervention after ALPA failed to adequately respond to our discovery requests. After hearing extensive arguments, the Judge determined that the portion of ALPA's motion that seeks summary judgment should be withdrawn and that they will not be permitted to use disputed facts in their motion for dismissal. At the same meeting, the court ordered ALPA to keep us apprised of any effort to commence scope reset negotiations.
ALPA's President Says that Sacrifices of US Airways Pilots Justifies Contract
On July 22, the Allegheny MEC wrote ALPA's President protesting the terms of the US Airways agreement that created a "preferred" US Airways RJ subsidiary and granted mainline pilots extraordinary employment and seniority rights at any airline that code-shared with US Airways. In response, the union's President refused to acknowledge the glaring breach of the union's duty to the Allegheny pilots and instead cited the enormous sacrifices made by the US Airways pilots.
Interestingly, the "sacrifices" cited by the union's President include "allowing" the company to acquire the RJs needed to compete in the changing marketplace and new terms that permit displaced mainline pilots to fly "regional" aircraft with "regional" workrules. But of utmost concern is the message that the union's duty to its "regional" members can be bought and sold as part of the mainline bargaining process.
American Airlines Cites Scope Restrictions and Sells Eagle's Jets
On July 16, American management announced that it would sell 14 American Eagle 50-passenger EMB-145's to Trans States Airlines. American management stated that the move was necessary in view of the fact that the mainline scope clause limits the total number of 50 passenger jets American Eagle may operate and the ill-effects caused by the seat-mile limit triggered by the furlough of American mainline pilots.
The move by American's management provides another illustration that irrational and unilaterally imposed contractual provisions can harm ALPA's "regional" pilots. Such predatory provisions have not saved a single mainline or Eagle pilot job; instead, they merely limit how many RJs the company may operate. Unfortunately, ALPA refuses to acknowledge the impact that mainline predatory bargaining has had on its members. Instead, ALPA exclusively blames management even though the role of the mainline scope is painfully obvious.
Comair Pilots Please Check Your Receipts
E-mail receipts have been sent to all pilots who have requested to become a named plaintiff. If you turned in paperwork and have not yet received a receipt, please contact us right away. Drop us a note any time in the RJDC Mailbox in CVG ops or e-mail us at
[email protected] Thank you.
New on the RJDC Web Site here:
www.rjdefense.com
a. Attorney's July 22, 2002 Litigation Update
b. RJDC August 5, 2002 Press Release
August 20, 2002
Comair Plaintiff Count Reaches 300 as ASA Plans are Finalized
After seeing their fellow pilots victimized by ALPA's predatory bargaining, more than 300 Comair pilots have asked that their names be added to the first of two lawsuits intended to compel ALPA to uphold its duties to ASA and Comair pilots. In addition, plans are underway concerning a second suit on behalf of the similarly situated ASA pilots, as well as involvement by ASA pilots in the pending lawsuit.
The legal action has taken on added importance after ALPA supported efforts of the US Airways MEC to unilaterally divert hundreds of new aircraft, otherwise destined for the wholly owned carriers, to a new "preferred" subsidiary staffed by US Airways pilots.
By organizing the largest suit of its kind in ALPA's history, ASA and Comair pilots have sent a clear message to anyone in ALPA who may be contemplating similar actions at Delta. The ASA and Comair pilots are prepared to compel the union to uphold its obligations to treat all its members in the Delta family of airlines equally and without discrimination.
Delta MEC Says it will Seek End to Force Majeure Scope Exemptions
On July 16th, the Delta MEC wrote Delta's CEO claiming that ALPA's legal and financial experts have determined that the force majeure period had ended and demanded that management cease furloughing pilots and establish a recall schedule. In a recent meeting between Delta management and ALPA, the company re-affirmed its need to maintain mainline capacity reductions and resultant furloughs. Consequently, the Delta MEC has decided to take the matter back to the System Board of Adjustment, which has scheduled hearings for October 30 and 31.
Of concern to the ASA and Comair pilots is the fact that the same force majeure exception clause that permits management to furlough pilots also provides temporary relief from the scope ratios. We have already warned ALPA's leaders that any attempt to enforce the ill-gotten scope restrictions will undoubtedly harm ASA and Comair pilots. Rather than attempting to enforce the egregious provisions, we believe that ALPA should instead find ways to preserve mainline jobs without violating its duty to ASA and Comair pilots.
Delta's Restructuring Plans May Lead to Mainline Scope Negotiations
As Delta releases more information concerning its restructuring, it is becoming apparent that significant changes in the current Delta mainline scope clause may be required. Thus far, Delta management has indicated that it wishes to negotiate domestic code-share alliances with other major airlines and is planning to restructure operations to fend off low-cost competitors, which may include major changes to Delta Express and the re-deployment of RJs.
Any domestic mainline code-share alliance and placement of larger aircraft at Delta Express will require changes in the Delta scope clause. The Delta MEC has already indicated that should management request changes to the Delta pilot working agreement, protecting mainline jobs and advancement opportunities will be its top priority. What role ASA and Comair's 475 aircraft orders and options will play in these negotiations remains unknown. It's our position that notwithstanding current scope restrictions, the Delta MEC may not seek to use the jobs or flying of the ASA and Comair pilots as bargaining capital in their negotiations, nor may it unilaterally negotiate issues that directly affect our interests.
Court Narrows ALPA's Motion
As previously reported, ALPA filed a motion for dismissal and summary judgment. The court previously permitted us limited discovery to respond to ALPA's motion. However, we sought court intervention after ALPA failed to adequately respond to our discovery requests. After hearing extensive arguments, the Judge determined that the portion of ALPA's motion that seeks summary judgment should be withdrawn and that they will not be permitted to use disputed facts in their motion for dismissal. At the same meeting, the court ordered ALPA to keep us apprised of any effort to commence scope reset negotiations.
ALPA's President Says that Sacrifices of US Airways Pilots Justifies Contract
On July 22, the Allegheny MEC wrote ALPA's President protesting the terms of the US Airways agreement that created a "preferred" US Airways RJ subsidiary and granted mainline pilots extraordinary employment and seniority rights at any airline that code-shared with US Airways. In response, the union's President refused to acknowledge the glaring breach of the union's duty to the Allegheny pilots and instead cited the enormous sacrifices made by the US Airways pilots.
Interestingly, the "sacrifices" cited by the union's President include "allowing" the company to acquire the RJs needed to compete in the changing marketplace and new terms that permit displaced mainline pilots to fly "regional" aircraft with "regional" workrules. But of utmost concern is the message that the union's duty to its "regional" members can be bought and sold as part of the mainline bargaining process.
American Airlines Cites Scope Restrictions and Sells Eagle's Jets
On July 16, American management announced that it would sell 14 American Eagle 50-passenger EMB-145's to Trans States Airlines. American management stated that the move was necessary in view of the fact that the mainline scope clause limits the total number of 50 passenger jets American Eagle may operate and the ill-effects caused by the seat-mile limit triggered by the furlough of American mainline pilots.
The move by American's management provides another illustration that irrational and unilaterally imposed contractual provisions can harm ALPA's "regional" pilots. Such predatory provisions have not saved a single mainline or Eagle pilot job; instead, they merely limit how many RJs the company may operate. Unfortunately, ALPA refuses to acknowledge the impact that mainline predatory bargaining has had on its members. Instead, ALPA exclusively blames management even though the role of the mainline scope is painfully obvious.
Comair Pilots Please Check Your Receipts
E-mail receipts have been sent to all pilots who have requested to become a named plaintiff. If you turned in paperwork and have not yet received a receipt, please contact us right away. Drop us a note any time in the RJDC Mailbox in CVG ops or e-mail us at
[email protected] Thank you.
New on the RJDC Web Site here:
www.rjdefense.com
a. Attorney's July 22, 2002 Litigation Update
b. RJDC August 5, 2002 Press Release