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Old 07-22-2007, 07:26 PM
  #5  
AFW_MD11
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Joined APC: Feb 2007
Position: MD11 FO, ANC
Posts: 1,098
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Have you guys read the LEC-7 update letter on the LOA - posted on the ALPA FDX web site? (or the LOA itself for that matter?)

The guy starts out by saying he doesn't like everything about the LOA - who does? But, then adds some great information in addition to that opinion - specifically regarding scope (and leverage.)

Here's an excerpt:

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These few downside issues are eclipsed by the many positive benefits contained in the LOA. In my opinion, the first and most important element of this LOA is that it clearly and forcefully strengthens RLA/Scope protections for extraterritorial FedEx pilots. In the mid 1990’s ALPA sued FedEx because the company claimed that it did not have to extend RLA protection to pilots based in Subic. The lawsuit was settled out of court with both sides reserving their respective positions and language was created in our contract that established RLA protection for our FDA pilots. This LOA further strengthens our legal position on this issue. The language of this LOA provides an enhanced legal argument as we look into the future towards cabotage and other foreign threats to our flying.

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I liken it to my MD11 ground school instructors saying - every day is just another layer of paint - reinforcing what we learned in the days prior.

This LOA - as it relates to scope - is just another layer of paint IN OUR FAVOR when it comes to scope.

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What in the LOA enhances our current CBA as to scope protections?

Here ya go on this - in the Attachment A that everyone who volunteers to man the FDA has to sign - just a couple of pieces related to scope here - NOTE that these points are MUTUALLY agreed to (in writing) by the individual pilot and the company:

...These duties are accepted as mutual and include the following:

1. The provisions of the collective bargaining agreement between Federal Express and its flight deck crewmembers as represented by ALPA shall continue to govern my employment as a Federal Express pilot during my CDG FDA and/or my HKG FDA.

7. I shall continue to be a member of the craft or class of fight deck crewmembers of Federal Express currently represented by ALPA pursuant to the Railway Labor Act. ALPA will continue to act as my exclusive collective bargaining representative during my assignment at the CDG FDA and/or the HKG FDA.

9. Any dispute between myself and Federal Express over the interpretation of the provisions of the collective bargaining agreement shall be resolved in accordance with the provisions of Sections 19, 20, and 21 of that collective bargaining agreement.

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If we would have had this language for Subic, not sure how the company could have argued that our CBA provisions don't apply?!! Now, they are offering this to us for CDG and HKG.

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I also thought the LEC-7 rep's letter had some SPOT ON words for those of you who think we have any leverage on this issue - check it out - a reasonable man would agree.

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No hype - no emotion - just the facts.......
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