Originally Posted by
Sink r8
Two interesting points being made here:
1) The idea that the meet and confer applies specifically to scope discussions, not just a normal TA discussion. Which makes me realize that we've never actually put up the specific language of the meet and confer clause, at least I don't recall seeing it in this discussion.
2) The idea that the MEC has made a determination that there was no issue, even though there has been no MEC meeting. I don't really know how these things work, but it seems to me that the reps can make it determination on this matter via telephone. Is that not correct? Are there not MEC conference calls?
1)
Originally Posted by ALPA Admin Manual, Section 40
3. Prior to commencement of any bargaining for any ALPA pilot group within a mainline/express system, the applicable Negotiating Committee will meet with the Negotiating Committees of other ALPA pilot groups in the mainline/express system to review opening scope proposals and how they advance ALPA’s scope goals and guidelines. The committees will work with each other to develop a consensus on proposals; if, however, they are unable to do so, subsection 3a below will apply.
a. Following consultation as specified above, and prior to submission of the scope proposal to the airline, the applicable Negotiating Committee will report to the Scope Subcommittee that ALPA pilot groups have consulted with one another and have or have not reached consensus that the planned scope proposal meets ALPA’s scope goals and guidelines; if the latter, Negotiating Committees of other ALPA pilot groups in the system can submit statements of agreement or disagreement to the Scope Subcommittee, which can recommend changes following consultation with the Negotiating Committees involved.
b. The applicable Negotiating Committee and ALPA pilot groups within the mainline/express system will develop in conjunction with the opening proposal agreed reporting benchmarks with respect to developments in on-going scope negotiations which will require that the Negotiating Committee provide updates on the status of scope negotiations to the Scope Subcommittee. In the absence of consensual agreements concerning benchmarks, the Scope Subcommittee will determine reporting benchmarks.
4. During the period that final approval of a collective bargaining agreement is subject to Presidential review under the Constitution and By-Laws, MEC designated representatives of all ALPA pilot groups within the mainline/express system may submit comments prior to the Presidential signature concerning conformity of negotiated scope provisions with recommendations of the Scope Subcommittee and Association policy.
To get around the language, ALPA staff attorney(s) have promulgated the idea that what is in Section 1 is not "scope." Conversely (and illogically I might add) they state that Pinnacle's job protection language is not scope because they did not put that language under the "Scope" heading. There is also compensation in the Bridge agreement. When is money not compsensation? When are job protection provisions not scope?
Again, ALPA staff says:
- Language in Delta's scope section is not "scope"
- Job protection language in Pinnacle's Bridge Agreement is not "scope" because it isn't under the header "scope."
Part of what re-invigorated me to take up this debate was the redefinition of "scope" to a much more narrow definition. Although this was done in an attempt to gerrymander the rule, the effect is potentially more harmful as a result of narrowly defining the job protection provisions in our contract.
Again, the purpose of the Admin Manual is to help our union resolve conflicts in house so that we are unified when we come to the table. We can not be unified if the rules are not followed and we are not coordinating.
2) Our MEC can not hold a meeting and a vote via conference call with the exception of ratification of a committee chairman. There are procedures to be followed for the agenda items, debate and voting which our current MEC Policy Manual and Admin Manual do not replicate in a conference call setting. In a nutshell, the Council Members can not direct the MEC via telephone under current guidance.