Originally Posted by SoCalGuy

June 25, 2012
VIA ELECTRONIC MAIL

Captain Jay Heppner
UAL MEC Chairman
United Pilots Master Executive Council
9550 West Higgins Road Suite 1000
Rosemont, IL 60018

Re: Violation of Status Quo Obligations and Preliminary Injunction Order

Dear Captain Heppner:

As you know from the Company’s nearly daily communications with the United MEC's counsel Bob Nichols as well as System Scheduling Committee Chair Jeff Nooger, we have seen significantly high levels of sick usage among certain groups of subsidiary United’s pilots, primarily in the 777 fleet. This letter serves to confirm an even more significant recent increase in sick usage by 777 pilots and now the 757/767 fleets that began this weekend. As our Flight Operations leadership discussed with ALPA MEC leadership this past weekend, the involvement of the Company operation in management/union disagreements is completely and unequivocally unacceptable and this letter formally notifies you that we also believe this conduct is a violation of the RLA and Injunction.

These previously unseen levels of sick leave coincide with a relentless public relations campaign by the United ALPA MEC which includes communications creating artificial deadlines, first for June 15th, and now for the end of this week, for completion of JCBA negotiations. These communications also include an unfounded declaration that a release from the National Mediation Board leading to a right to strike will occur absent agreement by that date. In addition to this overt campaign, the Company is aware of nonstop online discussions among United’s pilots, which include United MEC leadership, regarding the tactical use of sick leave calls and junior manning refusals to interfere with the operation in protest of a lack of a JCBA. ALPA has failed to take necessary steps to stop these conversations since they began months ago. The Company's crew desk is also seeing pilots who are refusing to answer crew desk calls for junior manning requests, or when answering stating they cannot pick up the additional flying due to "the lack of a contract."

While you stated in your June 9, 2012 letter to the Company that you are well aware of your status quo obligations under the Railway Labor Act (“RLA”) and the November 18, 2008 injunction issued by the US District Court for the Northern District of Illinois (the “Injunction”), ALPA and the United MEC are now in violation of both. Issuing communications reiterating an artificial deadline of mid-June as you did in your June 9th letter not only fails to satisfy your required obligation to take all reasonable steps within your power to prevent any interference with United’s operations, but is evidence of your disregard for that obligation. This is confirmed by the continued high levels of sick usage since your July 9th response, as well as the further spike in sick leave and refusal of pilots to accept junior manning on a concerted basis over the weekend. Your letter to the pilots regarding the status of negotiations on the date of your artificial deadline, June 15th, was equally irresponsible and an additional disregard of your legal obligations.

This concerted action of subsidiary United pilots is now interfering with United’s operation, and causing harm and disruption to United, its employees and the traveling public. We have had at least one international flight cancel entirely this weekend due to pilot sick calls, despite the actions we are taking to cover all of the open flying that has unexpectedly occurred due to the sick leave use and junior manning refusals. We have attempted to reduce this disruptive behavior by sending an enote immediately upon seeing increases this weekend to all United pilots. But we cannot manage this situation on an ongoing basis with these measures alone. The situation and your legal obligations demand that you, the United MEC, and ALPA International immediately and in good faith cease from issuing communications imposing an artificial deadline for completion of negotiations and inciting pilots to engage in activity that violates the Injunction and the RLA. We demand that you, the United MEC and ALPA International immediately take all reasonable steps to ensure that all subsidiary United pilots return to normal pilot behavior and operations in compliance with the RLA and the Injunction, including but not limited to, immediately issuing communications to significantly reduce the dramatic increase in sick usage among pilots on the 777 and 757/767 fleets and the concerted refusal to accept junior manning.

As the Company emphasized in its June 8th letter, the Company desires to spend its time focused on negotiations for a JCBA, and not in court. Please do not underestimate, however, our willingness to protect the operation, our reputation, our customers and our co-workers and enforce the Company's rights under the RLA and Injunction during this busy summer season. We need immediate and unequivocal action by the Association to ensure this self-help abates and the operation returns to normal stability so we are not forced to pursue this option which is in no one's long term best interest.

Accordingly, please immediately upon receipt of this letter advise either me or Fred Abbott, Senior Vice-President of Flight Operations of the steps that ALPA and the United MEC intend to take in order to prevent further operational disruptions.

Sincerely,
Brett J. Hart
Executive Vice President, General Counsel and Corporate Secretary

cc:
Bob Nichols, Esq.
Arthur Luby, Esq.
Michael Abram, Esq.
Mike Bonds
Doug McKeen
Fred Abbott
Howard Attarian
Jennifer Coyne, Esq.