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Old 12-18-2015, 08:34 AM
  #150  
HIFLYR
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Joined APC: Sep 2007
Position: 777 Captain in Training
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Well, OK. I'm surprised ALPA didn't call you to defend them in any of the lawsuits concerning the FTEPA, then. As all the retired guys were suing ALPA for just the opposite of what most of you, here at FDX, believe. ALPA inserted language to keep all the age 60-65 retired pilots from returning.

I'm sorry to keep hammering at this...But, I think it's an important point concerning how the final language of the law came about. We(including me) all biatch about our FE's being allowed to come back to the front seat...But, it would have been much worse for those of us still active, without ALPAs input.

From this article, pilots-file-with-supreme-court-in-age-discrimination-case, by a lawyer that took a case to the Supreme Court. (The "senior pilots", he refers to were already RETIRED):

"Members thought that they had corrected the problem with the enactment of FTEPA, but many members did not know that Oberstar had inserted the provision drafted by ALPA. That provision said that senior pilots could return to work but could not claim any of their accrued benefits, seniority, or status. Due to the way that this industry is structured, that poison pill provision was an effective bar on employment. Even if hired in their sixties, these pilots would have to go to the end of the line — behind ALPA members. Many were left without health insurance or income to support their families.

The ALPA provision states:

The Fairness for Experienced Pilots Act 49 U.S.C. § 44729(e)(1):

1) NONRETROACTIVITY- No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless–
(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or
(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.

ALPA openly admitted that it drafted the provision and had Oberstar (right) insert the provision to strip the senior pilots of their ability to return to work with their earned benefits and status.

So, what I'm trying to get at here, is that yes, ALPA's provision allowed our active, under age 65, FE's back to the front seat. But, more importantly, ALPA's provision kept all the under age 65 retired guys from also coming back.

The original 2005 bill did not allow the back seaters to return to the front seat and that was changed partly because of our MEC Chairman's wishes. Was he right to do so is another question! Was he right to do so if the vast majority of FedEx pilots did not want him to is the real question. I am saying I am totally against what happened but am totally against revisionist history. The fact is you can sue anybody for anything "they had not won" and the fact is in the original bill there was no coming back. And before you start about leaving people behind we do that every contract this one is anyone less than age 54, last one was 53.
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