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Three Holiday “Gifts” from ELT
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We’ll spare you the “On the 12th day of Christmas the ELT took from me…” Act, and instead would like to highlight three items “gifted” to us in the new PEA: Fragmentation, Displacement and No-Furlough.
Breaking Up Is EASY To Do…
“The most important item to remember is that Section 15L is not the section of the PEA our Pilots look to for job security.” (VP Ops PEA Update, Dec 17, 2013)
As always, with advice from VP Ops, the George Costanza factor is alive and well..!! We suggest you do the OPPOSITE of what he recommends in his non-lawyerly OPINION and look very closely at the new Section 15L regarding Fragmentation.
Utilizing the non-PSIA 30% ASMs benchmark, Jet Blue could quickly sell off a large number of A320s, or the ENTIRE E190 fleet to a startup, Peterson Air, specializing in luxury service between JFK and Florida destinations.
This could easily be accomplished without triggering the job protections under Section 15C, “Transactional Event”, or 15L, “Significant Asset Sale”. Unlike our Peers with CBAs, the jets would simply be GONE, along with our jobs.
Own Your Own Whipsaw…
“A divestiture of 30% or more of our ASMs would create an option for you to leave, if you were so inclined, but it would not create an obligation for you to leave.” (VP Ops PEA Update, Dec 17, 2013)
Should the ELT choose to Whipsaw Jet Blue Pilots in this manner or any other, there is little or nothing we can do to stop them without legally-binding Displacement language.
Peterson Air bills itself as a “low-cost, luxury service” airline and due to its “startup” status, “can only afford” to offer a job to the displaced Pilots, or Pilots imported from 3rd world countries, at a 40% discount to Jet Blue’s wages. Since our Section 21 Language ALLOWS the Successor to assume the Pilot’s contract, but does not give the Pilot Rights to ENFORCE the contract, you will have three choices: Hit the street, Fly for Food at Peterson Air, or take your chances starting over at the bottom of the list at one of our Peers.
But You Promised…?
“Because of our 70-hour guarantee, even if we were to ever divest ourselves of less or more than 30% of ASMS – you are guaranteed a job at Jet Blue.” (VP Ops PEA Update, Dec 17, 2013)
Sorry, Charlie. The alleged “No Furlough” clause is a MYTH and does NOT EXIST in Section 8 or any other section of the PEA. This “Non-Transactional Event”, “Non-Significant Asset Sale” could also be labeled a “Non-Downturn in Business”, and therefore the 70-hour “guarantee” would be a Non-Player.
Will the Ghosts of Airlines Past, Eastern, Braniff and Texas Air come to haunt the Pilots of Jet Blue? Does it matter if you signed or did not sign the new PEA…?? Nobody knows…!! You may eventually find out after years of self-representation in court. Better to “re-gift” the PEA back to ELT and UNIFY for Legal, National Representation in this CBA world we live in.
Fly Safe, enjoy time with your families and prepare to endure the January “Gift” of FAR117 schedule buffers, unilaterally brought to you by Santa SVP Ops…!!
If you would like to send in a card, or print one as a Holiday Gift for the outgoing VP Ops as he rejoins the Pilot Group, download (here), print, sign and send to the address on the card.
Be Informed: Please FULLY read the excellent PVC/legal email analysis of the new PEA. Thank them for the huge risks they are taking for providing long-needed transparency to the Obstructionist ELT tactics.
Get Involved: For more information, please check out:
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http://mail.ames2.alpa.org/t/3108/174642/439/3/
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