Fellow American Eagle Pilots,

We are now just a few months from a ruling from Arbitrator Nicolau on the remedy for the TWA class slot issue. Last Fall he ruled that American Eagle pilots holding AA seniority numbers should have attended classes instead of TWA new hires.

Arbitrator Nicolau’s remedy will define when our flow-through pilots will be able to transfer to AA as well as their compensation and benefits at the time of transfer. Although we do not yet know American Eagle’s position on the contractual obligations on flow-through pilots to transfer to AA, we feel that it is essential to define all aspects of the transfer process.

However, the most significant question to immediately follow will be whether these pilots will be contractually obligated to flow through to AA when issued a class date.

This issue will most likely be the most challenging and potentially divisive issue our pilots have faced since four separate airlines were brought together to form the American Eagle MEC in 1996. The source of this challenge to our unity is a letter of agreement signed in 1997 which effectively formed “groups within a group” within our union.

The time has come to address this question. After consultation with ALPA’s legal resources it has been determined that the MEC will express its position in this matter.

Eagle pilots should understand the limits of the MEC’s authority. MEC’s have the legal right to take positions on the interpretation of undefined areas of the contract. MEC’s do not have the authority to unilaterally change the meaning of a collectively bargained agreement without negotiating with the other parties. When a contractual provision is in doubt, the MEC seeks guidance from the negotiators who negotiated the provision in the first place. If the negotiators considered that question and negotiated with specific intent over the issue, then the answer is determined and cannot be altered without negotiating with the other party. If, on the other hand, the negotiators did not consider that particular question, then the MEC may interpret the contract and define a position. When agreement on interpretation cannot be reached, arbitration is used, and a neutral arbitrator issues a fair and binding decision.

This week, your MEC will deliberate two draft resolutions for possible ratification.

These two draft resolutions are posted on the home page of the Eagle ALPA website. The MEC will be discussing them on this Friday’s special MEC teleconference. The MEC teleconference will take place at 4:00 p.m. Central on Friday, February 12th. All pilots in good standing are welcome to listen into the teleconference but must do so in person at the MEC office. Unfortunately, given current technology, this is the only way that the MEC can continue the teleconference in the event a member moves for closed session.

The first draft resolution describes the original negotiating intent that required flow-through pilots to transfer to AA at the time they were issued a class date, unless they could demonstrate a hardship. The resolution then creates a process by which the arbitrator will define an appropriate hardship standard and apply that standard to each hardship submission. This is being done to ensure an impartial review. Pilots who have a hardship approved by the neutral arbitrator and by management, pursuant to Letter III.F, will not be required to attend new hire training at American Airlines.

The second draft resolution, if ratified, will require the MEC to present the current hardship criteria to the neutral arbitrator and also recommend that the criteria be applied to Letter 3. This draft resolution states that the MEC believes its existing hardship criteria are fair and should be applied to Letter III hardship applications. It also provides that the MEC will notify the neutral arbitrator of its understanding of Letter 3’s intent that pilots holding AA numbers who are eligible to transfer to AA are obligated to transfer unless they have a hardship that is approved under Paragraph III.F of Letter 3.

In short, in full consideration of the strong feelings by pilots over this issue at hand, the MEC must debate the protocol above.

It is important that every Eagle pilot read these two draft resolutions and provide your local representative with any thoughts and concerns you may have. This week will be a busy one for your status representatives as you weigh in with your thoughts and concerns. Please be patient in your correspondence with them and realize that it may not be possible for them to return every phone call and email immediately.