Virgin America petitions NMB

[jayme]

The three exceptions to at will, according to what you sent me, are the doctrines of Public Policy, Implied Contract, and Covenant of Good Faith and Fair Dealing.

Public Policy: You can't be fired for things like refusing to do something illegal, or for reporting your company's illegal behavior, etc.

Implied Contract: If the company placed in their employee handbook that you are not subject to At-Will (NOT THE CASE HERE!!! THEY HAVE ALWAYS MAINTAINED THAT WE ARE EMPLOYED AT WILL!!!)

Covenant of Good Faith and Fair Dealing: The employer can't fire in an abusive and arbitrary way. They get around that by building a case against those they wish to fire. One of our most respected pilots just found out during his run-in with management that they had been building a case against him WITHOUT HIS KNOWLEDGE! I know of another high profile case, PM me for details if you wish.

 

[PCL_128]

I just think fixating on "3% maybe more" is being a little dramatic. VAPA has repeatedly insisted that 3% is not for all pilots, just captains.

They might want to talk to a lawyer before making those kinds of promises. Charging a different dues rate for CAs than FOs is illegal. Everyone on active status has to be treated the same.

 

[Pogue Mahone]

The three exceptions to at will, according to what you sent me, are the doctrines of Public Policy, Implied Contract, and Covenant of Good Faith and Fair Dealing.

Public Policy: You can't be fired for things like refusing to do something illegal, or for reporting your company's illegal behavior, etc.

Implied Contract: If the company placed in their employee handbook that you are not subject to At-Will (NOT THE CASE HERE!!! THEY HAVE ALWAYS MAINTAINED THAT WE ARE EMPLOYED AT WILL!!!)

Covenant of Good Faith and Fair Dealing: The employer can't fire in an abusive and arbitrary way. They get around that by building a case against those they wish to fire. One of our most respected pilots just found out during his run-in with management that they had been building a case against him WITHOUT HIS KNOWLEDGE! I know of another high profile case, PM me for details if you wish.

If you are ******************** head they can and should build a case against so that if it becomes necessary, you can be terminated. That's how it should work. If due process is followed there is nothing to prevent someone from being fired, union or non-union. My point is simply that even in an at will state, particularly California, the existing law is every bit as robust as a section 19 of any ALPA CBA I am aware of. ALPA or any other pilots union only has a good track record of getting people reinstated because middle managers at airlines are notoriously lax in following stated procedures for progressive discipline, not on the merits of the individuals who usually manage to bung it enough to get themselves fired. In the case of the same violation of policy in an at will state, you would simply win by means of a wrongful termination suit rather than a greivance arbitration in front of the NMB.

Of course the company is going to state at will over and over again in order to comply with statute in case they are sued for wrongful termination, that does not absolve them from adhering to the other provisions we have discussed. If anything it is to discourage anyone from bringing suit in the first place.

Parking garages do the exact same thing. Next time you park in public garage read the back of your ticket stub. It will contain a bunch of legal mumbo jumbo about how they are not liable from this and that. You know what it means...jack ********************. They are very much liable for things that happen to your car and your person on their property as a function of tort law. If they can discourage even one lawsuit, it was worth printing that junk on the back of the ticket.

You simply cannot disclaim your own negligence or liability in the eyes of the law, nor can you use one statute to absolve you from wrong doing under another.

It boils down to a question of whether you believe that VAPA offers an measurable marginal improvement to the protections that exist in a labor friendly state relative to the cost. IMO VAPA will accomplish nothing on the measly dues revenue they are going to take in and the non-existant leverage in negotiations in a tight labor market, and I feel plenty protected by existing statute. So, VAPA as means of making me feel more secure about my employment, is a waste or money.

One day that may change, but certainly not right now.

 

[jayme]

And when they come for one of us, like they came for KD, one just needs to decide if one will pay for a lawyer or pay the mortgage.

I see what you're saying. I just think the company will be a little more hesitant to try to build a case against one of our pilots over a personality conflict if they know they've got 600 pilots behind them.

Add in a legally recognized voice to fight for a fair seniority integration and the simplification in trying to negotiate a better retirement plan, and I'm sold.

 

[Pogue Mahone]

And when they come for one of us, like they came for KD, one just needs to decide if one will pay for a lawyer or pay the mortgage.

I see what you're saying. I just think the company will be a little more hesitant to try to build a case against one of our pilots over a personality conflict if they know they've got 600 pilots behind them.

Add in a legally recognized voice to fight for a fair seniority integration and the simplification in trying to negotiate a better retirement plan, and I'm sold.

As general rule when bring a wrongful termination case and or any tort claim against an employer, an attorney or PC firm is going to pursue a case on a contingency basis rather than retainer or time billed so I don't think you have to forgo paying your mortgage to obtain good representation. If you want to bring someone with you to a disciplinary meeting that is a different story. Given the quality of some of the "representation" I have seen at ALPA carriers by highly unqualified status reps, I'm not sure I would not just handle things on my own until it became a course of termination. Again if you are not ******************** head and get called on the carpet, there is generally no risk in going in to state your case in a professional manner.

Seniority integration...really...ALPA and IBT carriers with big fat warchests have been routinely "made pregnant" by other carriers from the same union. IMO the idea that VAPA with its few hundred grand war chest would do much to change the inevitable outcome whatever that may be. I'll take my chances with the M/B provisions as they exist.

Retirement...that comes down to leverage or bargaining...what can you trade for it or what can make them give you through leverage. Since there is no leverage, you will have to trade...so what's it going to be, the pay rates, or the work rules, both are on the lower end of the scale so there you go.

VAPA offers not a thing for my 3%. Nothing. I'm sorry but it is a financial decision. I won't pay 34,000 for 92 Berlinetta, and I don't want to pay 4000 a year for ineffectual representation that does nothing more if not less than what I would have other wise.

When the market improves some shred of leverage exists because of market forces and other carriers hiring, I might talk about then. It's just good income down the drain. That 4000 grand a year will do a lot more good for my kids college savings than it will do in protecting my job or improving my pay. The market will take care of that stuff a lot better than VAPA.

 

[jayme]

Job Protection: Again, I see what you're saying, I just think it would make management stop and think before they try to build a case against outspoken folks like Christian and Kevin. They are both "Above and Beyond" types, and we're lucky to have them here. It also might make management stop and think before bringing a guy in on his day off (for no pay) and scream at him.

Seniority integration: A voice is better than no voice. Even if that voice is weak. We're talking about degrees here. I think it's worth having a voice, you don't.

Retirement: We don't have anything to give up. We can only go up from here. If we give stuff up, we won't get the best, or even average, applicants for the thousands of jobs opening up at the majors. Why do you think that all union contract negotiations are zero-sum games, but non-union "negotiations" will always be a net improvement?

As for leverage, sure, there is no leverage right now. But this negotiation is supposed to take 3-5 years, as management likes to remind us. None of us knows what kind of leverage will exist in that time frame. We may be out of business, in which case this is all moot. But we may be wildly profitable. Do you really want to START this process then, and have to wait ANOTHER 3-5 years before we have a seat at the table?

I understand your position, and you probably understand mine. IMHO both are valid.

It's gonna be close.

 

[Pogue Mahone]

All very good points. I think you nailed the fact that it simply boils down to timing and degrees of perception. No one is really wrong...well maybe those WAY out on the poles. But the rest fall somewhere in the middle and are influenced by the experiences to this point. Nothing wrong with that by any measure. I have a tendency to be over practical and for me it just boils down to timing. All the inflammatory "end is nigh" "they are gonna get you" you stuff just does not register for me personally. For others it does and for that reason alone it a perspective we have to consider and discuss.

Though I tend to think it may be an inevitability, I just don't think now is the time. It will be close no doubt.

 

[Chairman]

They might want to talk to a lawyer before making those kinds of promises. Charging a different dues rate for CAs than FOs is illegal. Everyone on active status has to be treated the same.

As a Teamster we had a flat rate for FO's and a higher flat rate for Captains

 

[bocaflyer]

As a Teamster we had a flat rate for FO's and a higher flat rate for Captains

That's how NetJets does it as well. I just don't get into every comment sometimes.

 

[Mud]

I'm with Flyer 1015. I'd vote for ALPA but not VAPA. VAPA will be too expensive and potentially ineffective to boot. It's vocal supporters are generally young and militant, or utterly full of themselves in how they communicate in posts (see DS). They are turning off more than they are enticing and don't even realize it. My informal cockpit poll leads me to believe the movement won't pass for these reasons and the timing arguments stated above. As for At-Will, I don't like it, but apart from the KD affair none of the 47 was a total injustice (well, I didn't know the first few), and several cases were so egregious that they were embarrassing. I also know of numerous gooned up scenarios that in my own mind could have led to a board but instead were met with a wrist slap. So I personally don't "walk on egg shells" at work. I just try my best and don't worry about it.