If Spirit does strike, which I doubt, I think there will be more Spirit pilots crossing the line than Vision, or other airline, pilots flying struck work. If Spirit ALPA does not define it as struck work, then it isn't.
I believe this should settle any doubt.
SUBJECT: Spirit Master Executive Council definition of “struck work”.
SOURCE: Spirit Master Executive Council
BACKGROUND: The pilots of Spirit Airlines have been engaged in Section 6 contract negotiations with management since 2007 and have been in federal mediation under the auspices of the National Mediation Board (NMB) since 2008.
WHEREAS: The Spirit pilots have overwhelmingly authorized the Spirit MEC to call a lawful strike when authorized by law and as deemed appropriate by the MEC, and
WHEREAS: The Spirit MEC is finalizing their preparations to engage in a legal job action should the NMB release the pilots of Spirit, as represented by ALPA, to engage in lawful self-help pursuant to the procedures of the Railway Labor Act and the Spirit MEC determines that it is appropriate to withdraw services after the expiration of the NMB-set cooling-off period, and
WHEREAS: If ALPA is unable to reach an agreement with management prior to a strike deadline and a lawful strike is directed by the Spirit MEC, and
WHEREAS: it is the intent of ALPA and the Spirit MEC to make a lawful strike, should it prove necessary, as short and as effective possible, and
WHEREAS: The Spirit MEC intends that no Spirit aircraft move after commencement of a strike, and for cessation of service to be total with regard to all flight and ground related operations of Spirit Airlines, or any other activity for or on the behalf of Spirit Airlines that provides financial benefit to Spirit Airlines during a strike, as determined by the Spirit MEC, and
WHEREAS: Article VIII, Section 1 A. (5) of the ALPA Constitution and Bylaws states that an ALPA member “may be disciplined, fined or expelled…(for) performing work for or assisting an airline during a period when the members of the Association are on strike against such airline”, and
WHEREAS: The Spirit MEC does not, however, consider to be “struck work” the post-strike performance of flying over Spirit Airline’s routes, frequencies, pairings, destinations or operations by pilots of other carriers, so long as such carriers and pilots do not conduct such flying or operations for, on behalf of, or for the benefit of Spirit Airlines, through wet-lease, ACMI, charter, or other similar agreement or arrangement for, on behalf of, or otherwise benefiting Spirit Airlines, as determined by the Spirit MEC, and
WHEREA S: All pilots should be on notice as to the Spirit MEC’s definition of “struck work.”
THEREFORE BE IT RESOLVED by the Spirit Master Executive Council (MEC), in light of the fact that the overwhelming majority of Spirit pilots have voted to authorize the MEC to direct a lawful withdrawal of services (Strike) after such time that the appropriate government agencies authorize such activity, that the following activities by any member during such Strike shall constitute a breach of the struck work rules set forth below, which shall remain in effect until the Spirit MEC declares an end to the Strike and authorizes a return to work.
No pilot shall, during a Strike authorized by the Spirit MEC:
(1) Operate or occupy in any capacity, any aircraft owned, leased by, operated for the benefit of, under the code, call sign of, or in the service of Spirit Airlines, Inc., unless a flight is already commenced at the time of the start of the strike and is terminated upon first landing, as detailed in the Spirit MEC Strike Manual.
(2) Participate in any ground, flight, or simulator training relating to qualification of any person as a Spirit pilot, or otherwise for any purpose for the benefit of Spirit Airlines.
(3) Participate in the recruitment of strike breakers, replacement workers (scabs) for Spirit Airlines.
(4) Perform any other function for, or at the request of, Spirit Airlines, its management, successors, or personnel, unless specifically authorized by the Spirit MEC or its Chairman, including but are not limited to, attendance at company meetings and appointments with company officials, agents, or managers.
BE IT FURTHER RESOLVED that it shall not be considered, however, the performance of “struck work” for ALPA officials, staff, and authorized Spirit MEC representatives or designees to meet with Spirit Airlines management or their representatives in conjunction with the performance of official ALPA duties during the strike, and
BE IT FURTHER RESOLVED that The Spirit MEC does not consider to be “struck work” and in fact encourages the post-strike performance of, flying over Spirit Airline’s routes, frequencies, pairings, destinations or operations by pilots of other carriers, so long as such carriers and pilots do not conduct such flying or operations for, on behalf of, or for the benefit of Spirit Airlines, through wet-lease, ACMI, charter, or other similar agreement or arrangement for, on behalf of, or otherwise benefiting Spirit Airlines, as determined by the Spirit MEC, and
BE IT FURTHER RESOLVED that, if any member violates any of the struck work rules specified above, that member may, as a result of such conduct, be considered a scab, and subject to expulsion, fines, and discipline as specified in Article VIII Section 1 A.(5) of the ALPA Constitution and By-laws, subject to the provisions and procedures set forth in Article VIII of the ALPA Constitution and By-Laws, and
BE IT FURTHER RESOLVED that the Spirit MEC authorizes and directs the Spirit MEC Chairman to contact and coordinate with ALPA’s Officers to ensure that all of the Association’s resources and relationships with other pilot unions, including member pilot unions within the International Federation of Air Line Pilots (IFALPA), are fully mustered to ensure that other pilots groups receive notice of, and understand these struck work definitions, so that no pilots will fly, train pilots or otherwise perform services by or for the benefit of Spirit Airlines, by among other things, servicing any wet lease, ACMI, or other agreement or arrangement for the benefit Spirit Airlines in the event of a lawful strike declared by the Spirit MEC, without the prior express consent of the Association.
