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Old 01-04-2013 | 08:40 PM
  #119223  
Bucking Bar's Avatar
Bucking Bar
Can't abide NAI
 
Joined: Jun 2007
Posts: 12,078
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From: Douglas Aerospace post production Flight Test & Work Around Engineering bulletin dissembler
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For more detail on Mr. Robert's prior opinions, I will let him speak for himself:

Article XVIII, Section 1 of ALPA's Constitution and By-Laws
(Exhibit 1 hereto) requires the prior approval of ALPA's President before any
pilot group enters into contract negotiations. Article XVIII, Section 1 further
provides that no collective bargaining contract or other agreement can become
effective and binding "unless and until they bear the signature of the President."
8. The ALPA Administrative Manual provides governing policies to
ALPA officials, members and staff on numerous matters as a supplement to the
ALPA Constitution. Section 40 of ALPA's Administrative Manual is titled
"Collective Bargaining" and sets forth the policies of the Association that relate
to that subject and are applicable to all ALPA-represented pilot bargaining units.
A copy of Section 40 is attached hereto as Exhibit 6.
9. Section 40, Part 3, y[ C.3 of the ALFA Administrative Manual
provides that "[p]rior to Presidential signature... agreements... shall be reviewed
by the Representation Department, which shall then make a recommendation
regarding signing to the President based on compliance of the agreement(s) with
ALPA's stated goals and policies concerning collective bargaining." Section 40,
Part 3,111[ C.4-5 provides that a pilot group that disputes a Presidential decision
not to sign an agreement may appeal that decision to the ALPA Executive
Council, composed of all of ALPA's nationally-elected officers, which has
authority to override the President's decision.
10. Article 40, Part 6 of the Administrative Manual provides that a
prerequisite to any concessionary agreement includes, among other things, the
opening of a carrier's books by management for inspection and analysis by the
union, a factual objective review of the company's financial condition and need
for relief, the provision of a detailed economic recovery plan for the company,
and appropriate quid pro quos for the pilots for any economic concessions that
they may provide, including the provision for "snap-back" provisions to restore
the concessions after a date certain or when they are no longer necessary.
11. Shortly after receiving the full language of the proposed tentative
agreement in early May, the ALPA Representation Department, pursuant to its
responsibilities under Article 40, Part 3,'1 C.3 of the ALPA Administrative
Manual, conducted a comprehensive analysis of the proposed agreement. This
analysis involved detailed economic comparisons between the proposed CCAir
amendment and the existing CCAir agreement, as well as a detailed comparison
with the ALPA contract governing the Mesa and Air Midwest pilots. As a result
of this economic analysis, on May 30, 2002, the ALPA Representation
Department sent a detailed memorandum to ALPA President Captain Duane E.
Woerth analyzing the proposed CCAir contract amendment and recommending
that it not be signed.
A copy of this May 30 recommendation, with its
accompanying attachments (except for the proposed agreement), is appended
hereto as Exhibit 7.
12. President Woerth has followed the advice that the Representation
Department provided in this May 30 memorandum and has not signed the
proposed April 17, 2002 amendment to the CCAir pilot agreement.