You are correct, but lets elevate your argument. You reference, Section 40 of the Admin Manual, Part 1, I, 3. That is one violation. But, the bigger issue is that of MEC Autonomy. The question is
can any pilot group sit down and do ALPA authorized deals with Delta Air Lines, without the Delta MEC ?
The Pinnacle Bridge Agreement violates:
- Section 40 of the Admin Manual Part 1, I, 3 (referenced above)
- Section 40, Part 5, Paragraph 10 ... in that it gives preference to senior employed pilots over ALPA members who have lost their jobs and who need the help
- Section 40, Part 6 ... "snap back" provisions are actually a NO "snap back" provision in as much as the Pinnacle Pilots lose their aircraft six months after they begin trying to renegotiate their bankruptcy contract
The Pinnacle pilot violated the autonomy of the Delta pilots by:
- Modifying our Scope Sections 1 D 11 and 1 D 12, by reordering (inverting actually) and limiting the preferential hiring language in our contract
- Restricting and limiting the rights of the Delta pilots to negotiate future contracts, by preempting Delta MEC bargaining. If we tried to recover flying, management could reasonably reply "we are already under a contract with Pinnacle."
- Directly negotiating pilot pay and benefits with Delta Air Lines management without the involvement of the Delta MEC.
... and there is a whole host of ugly crap in there ... restrictions on employment for furloughed guys if they want to keep their flow ... most of it does not effect us.
The Railway Labor Act gives ALPA the power to represent us. The ALPA Constitution and Bylaws, Section IV, Section 2 gives each Master Executive Council broad autonomy to deal with the issues facing it's pilot group. Pay, scope and employment are central issues.
The first cure it to put ALPA National on notice of the violation and trust the internal review process to recommend our President not sign this concessionary TA. I have some confidence that this will stop right there. ALPA's Representation Department and our President take their duty to enforce the Constitution and Bylaws seriously.
If that fails, then an Executive Council can be convened to over ride ALPA's President. Given the importance of MEC autonomy to Continental, FedEx, Alaska (heck, anyone really) I'd guess just a few well placed phone calls by mainline MEC Chairs would make the President reconsider his signature.
I will get into more detail on internal remedies as this progresses.
For now, write your Reps. Talk to your friends at other carriers and ask them to get their MEC Chairmen involved. The second line of defense is for other MEC s to see how they would be affected by this change in ALPA policy. All they have to do is take the Pinnacle Bridge Agreement and change the names ...
Expressjet / Alaska
American Eagle / Continental
Mountain Air / FedEx
Virgin / Delta
I will applaud and say "thank you" when President Moak refuses to sign this agreement.