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Old 09-06-2016 | 11:00 AM
  #20  
AllenAllert
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Originally Posted by baseball
I don't think it's been very effective for the military pilots. I do agree that ALPA has done a good job for the non military pilots. grievances, mediations, and arbitrations have no place in USSERA/ESGR stuff. So, that would tend to lend credence as to why military ALPA members are having to go it through the courts.

My first reaction to all contractual problems is to attempt to solve them at the appropriate level, not necessarily the easiest, cheapest, or lowest level. If it's something that benefits a group, file a group grievance. if it's a one-off thing only affecting one pilot, then a sit down with an ACP or FM may be the route to go. If it's a federal law/military issue don't waste your time with the talking heads in management after you get their boiler-plate answer and realize that ALPA has limitations as far as what it is willing to do.

The bigger issue to me is two fold: One it's a black eye to United Airlines, and it's a bruise on ALPA's pride. UAL looks petty, and trite, unknowledgeable, and unsympathetic to military issues, while ALPA seems to be impotent to represent a certain demographic of dues paying members.

The second issue is this: prospective military pilots who may be considering UAL as a potential employer may think twice about it and go to another airline that has a more conservative and cooperative culture in terms of USSERA/ESGR and labor relations.

I would wonder if any other legacy airlines are having this much trouble with pay and benefits for their military members?? It's a fair question.....

Also realize this: Management would greatly prefer that any and all issues be within the ALPA tent. Lots of confidentiality and built in restrictions from blowing the issue up and making a media frenzy out of it. The company and ALPA lose control over the talking points once it goes to the courts. Any issue the company can keep between them and the grievance folks within the mutually agreed upon ALPA/management grievance process is "good issue."
Originally Posted by rickair7777
USERRA has weak enforcement mechanisms. Typically ESGR will try to educate the offender but after that civil suit is often the best recourse, especially if the offender doesn't agree with how ESGR is interpreting the law (or wants to explore new boundaries).

As far as unions go...I would tend to prefer that unions not waste negotiating capital on things which are already covered by federal law. They can advocate, assist, and educate but probably don't need to pony up to have the CBA to mirror USERRA.
Read the rickair7777 quote. I don't think I could say it any better.

The issue is only an issue today because LCAL management chose to interpret law to their advantage and the LCAL pilots didn't hold their feet to the fire. Call DS on the Military Affairs Committee. He's in a better position to explain why the LCAL pilots had and are having these problems and current managements insistence that the LCAL interpretation of the precedence be applied to both LCAL and LUAL military guys today.
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