Originally Posted by
MX727
What language forces them to leave the IPA when taking a management job? IPA or UPS requirement that managers not be on the seniority list?
It is located in our collective bargaining agreement of all places.
The contract defines seniority assignment in Article 8:
ARTICLE 8
SENIORITY
A. Seniority List
2. All
crewmembers hired by the Company subsequently will be added to the bottom of the seniority list...
3. The Company shall post on its bulletin board at all locations where crewmembers are domiciled the United Parcel Service Crewmember Seniority List. Such list shall contain the names of all crewmembers entitled to seniority, whether active, or inactive, the date of employment as a crewmember, date of birth and the crewmember’s permanent bid position.
4. The list shall be brought up to date as of February 1 and August 1 of each year...
The contract then defines who is a 'crewmember' in Article 2 as:
"Crewmember (
excepting Management Crewmembers) - means the
Captains, First Officers, Professional Flight Engineers and Second
Officers and employed by the Company, who are currently on the
seniority list or will be added to the seniority list in accordance with this
Agreement."
When a person is offered FAA flight employment, they clearly are accepting "
'management crewmember" status which by contract excludes them from memebrship in the IPA. (different interview process)
IPA crewmembers who accept 'promotion' (UPS lanaguage) into a flight qualified supervisor status contractually are now identified as "
management crewmembers" and thus lose/resign their seniority number.
Originally Posted by
newKnow
Actually, Twin Wasp is right on. If your bargaining agent (IPA) negotiated a contract that allowed management pilots to fly your routes, you would be hard pressed to find any arbitrator or federal judge to overturn it.
If you look up "closed shop" you will see that Taft-Hartley made them illegal. What you have is an agreement between the company and the union on how and who to hire and fire.
You are right though in that the court will not enforce an agreement that is illegal. But, in aviation cases, that is more likely to deal with an attempted subversion of the FAR's or some other federal regulation. There is no federal law that says union (IPA) pilots have to fly UPS airplanes.
Your contract means everything in the court of law. If there is part of it that is illegal, I doubt it's the part that allows management pilots to fly. Good luck though.
New K
New K,
Kentucky is a "non-right to work state". This was the exclusion allowed by Taft-Hartley regarding 'closed' shop status.
Tennessee is opposite, and is a "right to work" state. Hence, difference in FedEx and UPS unions regarding membership.
The IPA/UPS collective bargaining agreement does allow 'management crewmembers' to fly under very specific circumstances. The question arising is that the CBA is largely written to permit proficiency flying by displacement (protects union pilots) but unlimited flying in emergencies. i.e. lack of crews.
Thus, common sense question is: If UPS furloughs line pilots with seniority numbers and then claims an 'emergency' situation exists that requires UPS to use flight qualified supervisors to operate the airplanes due to a lack of union pilots, can they furlough the entire union of pilots and hire 'management crewmembers' to destroy the union?"
Seems ridiculous for UPS to claim any need for this part of the CBA to use "management emergency flying' when UPS management created the 'emergency' by furloughing line pilots. Would seem to be a legal question involving RLA disputes (Federal) and Kentucky law.