ALPA Vs. Spirit
09-08-2008, 11:36 AM
#1
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Joined APC: Mar 2006
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Posts: 712
ALPA Vs. Spirit
Fellow Spirit pilots, on Wednesday 3, 2008, at the request of you and your MEC, ALPA, represented by our legal staff at ALPA National, filed a federal court lawsuit against Spirit Airlines in Detroit. The premise of our argument is clear: Spirit has broken the law by bargaining in bad faith and attempting to circumvent and undermine the negotiations process and our union through a series of outrageous and unjustified contract violations, and pilot harassment. Although we expect to have the contract violations remedied soon in arbitration, the Company’s overall pattern of bad faith avoidance and undermining of the bargaining process and ALPA violates our federal labor law protections as contained in the Railway Labor Act (RLA). We are now before a judge because these RLA violations cannot be remedied in arbitration and they require the court’s assistance.
· The first and most important bad faith act by the company was its unilateral change to the provision that guarantees us no less than 5 days off between pairings, but in no event less than 4 days off. This language is the heart of our contract and has survived 2 contracts, 2 furloughs, 108 bid packages and September 11th without change.
· Spirit has attempted to intimidate pilots who use their sick-time by issuing a ridiculous number of NOI’s to all pilots who called in sick on the same day. Most of those NOI’s where quickly retracted by the company once Spirit realized it had no basis for this intimidation. Now, as management intended, many pilots question whether they are sick enough to satisfy the company instead of worrying about their legal responsibility to meet FAR fitness requirements.
· Spirit has also instituted a new policy regarding training expenses for FLL based crews. They now refuse to pay Per Diem or provide hotel rooms and transportation to and from training events that occur away from the FLL Domicile. Spirit now considers all of South Florida part of the FLL Domicile, so they no longer provide transportation to the Miramar training center for Recurrent Training for FLL crewmembers. Additionally, they no longer provide hotels; rental cars and reimbursement for mileage driven for FLL based crews that have SIM events scheduled in Miami.
· If this was not reason enough to force us into court; the company again continued its unbridled arrogance by scheduling our Furloughed brothers and sisters to work past their Furlough date of September 1st to cover the month to month transition.
Management has undertaken all of these actions even though they know the contract does not permit any of them. Management has engaged in these bad faith abuses in the middle of our federally mediated bargaining process in an effort to avoid and undermine negotiations by continually moving the goalposts. They have also done this to try to make you think that your union can’t help you. They are wrong.
The Company knows and has played for advantage the fact that the RLA arbitration process takes time. We have all had to live the mantra of “fly now grieve later”. Spirit has decided that whatever wasn’t available to them through legal negotiations can just be taken, and it will take time for us to get it back. It may take a little time, but we will win and they will lose.
Lawsuits of this nature are very rare, and its preparation and filing required a great deal of consensus and coordination between built the MEC and ALPA National. We are playing by the rules- professional pilots providing the backbone of Spirits’ ability to generate revenue. Management, however, prefers a different set of rules, rules in which they can delay negotiations, come unprepared for negotiations, illegally take large tracts of contract language, arbitrarily deny grievances, refuse expedited arbitration, and engage in pilot harassment and intimidation. Meanwhile they try to blame us for their mismanagement by improperly threatening illegal job-action litigation against your MEC without any evidence or justification, and despite the obvious fact that operations have suffered because they have reduced staff without an equal reduction in lift. They are also attempting to use the FAA as a hammer for their failed logbook procedures.
The court system is tricky business, and, as I have said, it is not speedy. The RLA has never been pro-labor, and has been watered down by some unfriendly Supreme Court decisions and years of conservative federal court appointees. Win or lose, however, we will be doing everything we can to shine a light on a management and ownership that will eclipse the Lorenzos and Icahns of old. Regardless of what Mr. Baldanza might tell you, only your MEC and ALPA National is truly concerned about your career at Spirit.
· The first and most important bad faith act by the company was its unilateral change to the provision that guarantees us no less than 5 days off between pairings, but in no event less than 4 days off. This language is the heart of our contract and has survived 2 contracts, 2 furloughs, 108 bid packages and September 11th without change.
· Spirit has attempted to intimidate pilots who use their sick-time by issuing a ridiculous number of NOI’s to all pilots who called in sick on the same day. Most of those NOI’s where quickly retracted by the company once Spirit realized it had no basis for this intimidation. Now, as management intended, many pilots question whether they are sick enough to satisfy the company instead of worrying about their legal responsibility to meet FAR fitness requirements.
· Spirit has also instituted a new policy regarding training expenses for FLL based crews. They now refuse to pay Per Diem or provide hotel rooms and transportation to and from training events that occur away from the FLL Domicile. Spirit now considers all of South Florida part of the FLL Domicile, so they no longer provide transportation to the Miramar training center for Recurrent Training for FLL crewmembers. Additionally, they no longer provide hotels; rental cars and reimbursement for mileage driven for FLL based crews that have SIM events scheduled in Miami.
· If this was not reason enough to force us into court; the company again continued its unbridled arrogance by scheduling our Furloughed brothers and sisters to work past their Furlough date of September 1st to cover the month to month transition.
Management has undertaken all of these actions even though they know the contract does not permit any of them. Management has engaged in these bad faith abuses in the middle of our federally mediated bargaining process in an effort to avoid and undermine negotiations by continually moving the goalposts. They have also done this to try to make you think that your union can’t help you. They are wrong.
The Company knows and has played for advantage the fact that the RLA arbitration process takes time. We have all had to live the mantra of “fly now grieve later”. Spirit has decided that whatever wasn’t available to them through legal negotiations can just be taken, and it will take time for us to get it back. It may take a little time, but we will win and they will lose.
Lawsuits of this nature are very rare, and its preparation and filing required a great deal of consensus and coordination between built the MEC and ALPA National. We are playing by the rules- professional pilots providing the backbone of Spirits’ ability to generate revenue. Management, however, prefers a different set of rules, rules in which they can delay negotiations, come unprepared for negotiations, illegally take large tracts of contract language, arbitrarily deny grievances, refuse expedited arbitration, and engage in pilot harassment and intimidation. Meanwhile they try to blame us for their mismanagement by improperly threatening illegal job-action litigation against your MEC without any evidence or justification, and despite the obvious fact that operations have suffered because they have reduced staff without an equal reduction in lift. They are also attempting to use the FAA as a hammer for their failed logbook procedures.
The court system is tricky business, and, as I have said, it is not speedy. The RLA has never been pro-labor, and has been watered down by some unfriendly Supreme Court decisions and years of conservative federal court appointees. Win or lose, however, we will be doing everything we can to shine a light on a management and ownership that will eclipse the Lorenzos and Icahns of old. Regardless of what Mr. Baldanza might tell you, only your MEC and ALPA National is truly concerned about your career at Spirit.
09-08-2008, 11:42 AM
#2
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Joined APC: Aug 2008
Position: Moving backwards
Posts: 220
Here is an APC thread on this started a couple days ago.
http://www.airlinepilotforums.com/ma...-airlines.html
Good luck Spirit pilots.
http://www.airlinepilotforums.com/ma...-airlines.html
Good luck Spirit pilots.
09-10-2008, 08:22 AM
#7
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Thread Starter
Joined APC: Mar 2006
Position: in front of a computer screen
Posts: 712
Just a rumor on Atlas.....?????
I guess the investors got sick and tired of his in-efficient operational control of NK??? Maybe it was his way of breading contempt amongst the pilot group as well; Who knows for sure?? Regardless I think NK will be a better place to work starting November.
If I'm not mistaken, he was asked to leave NWA as well for certain "things"?
You can probably guess who it will be, at least for the interim
I guess the investors got sick and tired of his in-efficient operational control of NK??? Maybe it was his way of breading contempt amongst the pilot group as well; Who knows for sure?? Regardless I think NK will be a better place to work starting November.
If I'm not mistaken, he was asked to leave NWA as well for certain "things"?
You can probably guess who it will be, at least for the interim
Last edited by shiftwork; 09-10-2008 at 08:29 AM.
09-10-2008, 08:37 AM
#9
Gets Weekends Off
Joined APC: Oct 2006
Position: L Side
Posts: 409
Breckster, DWN3GRN
Will you please refrain from making me smile? I've gotten quite accustomed to nothing but bad news coming out of Miramar and I'm not comfortable getting my hopes up. JC and BBB gone? Karma is a witch.
Will you please refrain from making me smile? I've gotten quite accustomed to nothing but bad news coming out of Miramar and I'm not comfortable getting my hopes up. JC and BBB gone? Karma is a witch.
09-10-2008, 08:52 AM
#10
Gets Weekends Off
Joined APC: Feb 2007
Position: A320 CA
Posts: 944
Originally Posted by dundem
Breckster, DWN3GRN
Will you please refrain from making me smile? I've gotten quite accustomed to nothing but bad news coming out of Miramar and I'm not comfortable getting my hopes up. JC and BBB gone? Karma is a witch.
Will you please refrain from making me smile? I've gotten quite accustomed to nothing but bad news coming out of Miramar and I'm not comfortable getting my hopes up. JC and BBB gone? Karma is a witch.
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