Groucho
Well-known member
- Joined
- Nov 28, 2001
- Posts
- 199
Today the BPR did exactly what their high paid negotiating experts said not to do…..They did nothing.
A resolution to send the MOU out to the pilots failed to garner a mover or seconder. This action is despite a unanimous vote to send “any potential agreement” to the membership for ratification on the first day of the meeting. This is despite the warnings of our professional negotiating staff that to do nothing was the worst thing the board could do. Roland Wilder specifically stated that worst thing to do was “nothing.” He is concerned that negotiations will go on between the company and APA without USAPA at the table.
The Term Sheet negotiated between APA and US Airways contains a provision that APA will file for single carrier status as the earliest opportunity. Single Carrier status is a determination of the National Mediation Board that a single transportation system exists. If the finding is made that US Airways and American are a single transportation system at some point in the future, then most likely APA will be certified as the bargaining agent. It is not clear at this time how long that will take or whether their will even be a vote. In order to have a vote USAPA will have to produce a showing of interest of at least 35% of the combined carrier pilot count. Remember that this count includes furloughed pilots and all those on disability.
It has been argued that if APA is the bargaining agent, and APA were to negotiate away the Change of Control language of the East agreement, then it would be an instant violation of the Duty of Fair Representation. It can be argued in the opposite that because the Change of Control language only protects the former US Airways East pilots; and that group of pilots represents less than one third of the total combined pilot group. Also it can be argued that the Change of Control language prevents the merger from continuing. The DFR standard requires that a union action must rationally promote the welfare of the entire bargaining unit. Completing the merger to the possible disadvantage of a minority, while rationally benefiting the majority of the bargaining unit, would not violate that standard.
If Single Carrier status and certification of APA happens without a USAPA / US Airways MOU or other agreement then APA will have the ability to negotiate the new agreement or change the existing US Airways East and West pilot agreement. US Airways pilots, East and West, will remain on their current contracts and pay rates. There are no protections other than those in the current agreements but if APA is the bargaining agent then APA has negotiating control. APA will have control over scope, the transition agreement, minimum fleet etc etc.
Also, all “term sheet” or “APA / US Airways” negotiations prior to a finding of Single Carrier Status are exempt from the DFR standard. A DFR lawsuit by TWA pilots against APA failed because when the TWA pilots gave up their arbitration rights they were no represented by APA. APA will have the ability to tailor the merger to their advantage at US Airways pilots expense, and not be bound by the DFR standard. They have done it before!
Roland Wilder, our USAPA professional negotiator, was hired to represent the TWA pilots and file a lawsuit against the APA action. He was prevented from doing so by ALPA and hence the finding of a violation of the DFR standard by ALPA in that case. Our professional negotiator, who had a ringside seat to the TWA / APA merger, sees the danger to USAPA in this situation. All three lawyers strongly advise that USAPA not allow itself to be left on the outside looking in when negotiations for this merger start.
I would submit that all USAPA members in good standing do the following:
1. Read the MOU and other documents put out today by the Communications committee.
2. Call your representatives and voice your opinions and concerns.
3. Ask your representatives questions for those items you don’t understand.
4. Remember that the professional negotiator and legal support staff say that doing nothing is the worst possible action.
5. The meeting resumes tomorrow and the question will be the first item of business. The constitution requires that the board take some action. The DCA chairman has a resolution on the table to deal with the issue tomorrow morning, after the board took no action today.
A resolution to send the MOU out to the pilots failed to garner a mover or seconder. This action is despite a unanimous vote to send “any potential agreement” to the membership for ratification on the first day of the meeting. This is despite the warnings of our professional negotiating staff that to do nothing was the worst thing the board could do. Roland Wilder specifically stated that worst thing to do was “nothing.” He is concerned that negotiations will go on between the company and APA without USAPA at the table.
The Term Sheet negotiated between APA and US Airways contains a provision that APA will file for single carrier status as the earliest opportunity. Single Carrier status is a determination of the National Mediation Board that a single transportation system exists. If the finding is made that US Airways and American are a single transportation system at some point in the future, then most likely APA will be certified as the bargaining agent. It is not clear at this time how long that will take or whether their will even be a vote. In order to have a vote USAPA will have to produce a showing of interest of at least 35% of the combined carrier pilot count. Remember that this count includes furloughed pilots and all those on disability.
It has been argued that if APA is the bargaining agent, and APA were to negotiate away the Change of Control language of the East agreement, then it would be an instant violation of the Duty of Fair Representation. It can be argued in the opposite that because the Change of Control language only protects the former US Airways East pilots; and that group of pilots represents less than one third of the total combined pilot group. Also it can be argued that the Change of Control language prevents the merger from continuing. The DFR standard requires that a union action must rationally promote the welfare of the entire bargaining unit. Completing the merger to the possible disadvantage of a minority, while rationally benefiting the majority of the bargaining unit, would not violate that standard.
If Single Carrier status and certification of APA happens without a USAPA / US Airways MOU or other agreement then APA will have the ability to negotiate the new agreement or change the existing US Airways East and West pilot agreement. US Airways pilots, East and West, will remain on their current contracts and pay rates. There are no protections other than those in the current agreements but if APA is the bargaining agent then APA has negotiating control. APA will have control over scope, the transition agreement, minimum fleet etc etc.
Also, all “term sheet” or “APA / US Airways” negotiations prior to a finding of Single Carrier Status are exempt from the DFR standard. A DFR lawsuit by TWA pilots against APA failed because when the TWA pilots gave up their arbitration rights they were no represented by APA. APA will have the ability to tailor the merger to their advantage at US Airways pilots expense, and not be bound by the DFR standard. They have done it before!
Roland Wilder, our USAPA professional negotiator, was hired to represent the TWA pilots and file a lawsuit against the APA action. He was prevented from doing so by ALPA and hence the finding of a violation of the DFR standard by ALPA in that case. Our professional negotiator, who had a ringside seat to the TWA / APA merger, sees the danger to USAPA in this situation. All three lawyers strongly advise that USAPA not allow itself to be left on the outside looking in when negotiations for this merger start.
I would submit that all USAPA members in good standing do the following:
1. Read the MOU and other documents put out today by the Communications committee.
2. Call your representatives and voice your opinions and concerns.
3. Ask your representatives questions for those items you don’t understand.
4. Remember that the professional negotiator and legal support staff say that doing nothing is the worst possible action.
5. The meeting resumes tomorrow and the question will be the first item of business. The constitution requires that the board take some action. The DCA chairman has a resolution on the table to deal with the issue tomorrow morning, after the board took no action today.
:beer:
