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Kirby going after scope at United

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Kirby going after scope at United

Old 10-24-2017, 02:26 PM
  #11  
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Default Kirby's attempted scope grab

Here's a little slice of scooter's work


PHL Update

Dear PHL Pilots,

Last week, both Paul DiOrio and Paul Music hosted a meet-and-greet in both the A and B concourse crew rooms. While we were able to answer many questions, there was a clear misunderstanding of the current issue regarding potential arbitration that requires clarification.

To better understand where we are, let's recall how we got here. To start, when the MOU was approved, we agreed to the established MOU pay rates and to be governed by the Merger Transition Agreement (MTA), also known as the Green Book. Notwithstanding the implementation problems we have been dealing with, this is the contract we will living under until the 12/31/2018 amendable date and likely several years beyond. Also in the contract is a mid-contract pay adjustment that essentially will pay us the average of both Delta and United, which amounts to about a 16.5% raise on 1/1/2016. The three-year delay permitted the company time to capture the synergies and realize the benefits of the merger. As we now know, the benefits of the merger have occurred well before the 1/1/2016 date.

It's also important to understand that before USAPA's involvement, CEO Parker met with the APA board and "promised" them that should the company capture the synergies, revenues and profits earlier than anticipated, he would bring the pilots' pay up earlier than the negotiated three-year mid-contract adjustment. Specifically, Doug Parker told APA: "When we make Delta profits, I'll pay you Delta wages."He also told the APA board that because this Delta pay issue may be problematic with the unsecured creditors, he couldn't make it a part of the written contract, but he assured APA this would occur. The problem is that in the company's recent "take it or leave it" proposal, we would be paid "Delta wages" for only the first year of the contract; we would then trail them for many years beyond. Their proposal, of course, also didn't include profit-sharing, which last year equated to an additional 15% for Delta pilots and was conditional on accepting several work rule concessions.

First, they wanted Scope concessions (76 to 81 seats), which many believed was nothing more than manufactured negotiating capital. After they removed the five-seat request, they added six concessions that they said had "no value" even though they have enormous value and refused to consider any of our quality-of-life issues. In fact, they advised APA that in order for the company to continue negotiations, APA must agree to discuss only their six concessions, which include job loss and adding a year to our contract. In essence, like the MOU, they want us to focus on the pay raise and ignore everything else. Been there, done that.

If we accepted the company's proposal, we would receive next year's pay raise a year early; however, we have to pay for it with permanent quality-of-life concessions. Furthermore, if we accept the company's proposal, within about a year, we will again be below our peers at Delta and likely will remain there for another five to seven years.

As you know, we continue negotiations this week. However, if we ultimately cannot reach an agreement, we will continue to work under the Green Book. Moreover, there is not any requirement to go to arbitration unless APA chooses to make work rule changes. Remember, the sole purpose of the arbitration is to decide proposed work rule valuations. If APA decides to not make any modifications, then there are not any "costing" questions for an arbitrator to decide, and basically the process is over before it ever begins. Consequently, if we can't reach an agreement with the company in the next few weeks, we will still receive:

3% RAISE on 1/1/2015
16.5% RAISE on 1/1/2016
3.5% RAISE on 1/1/2017
3.5% RAISE on 1/1/2018 (28.5% cumulative total is exactly the same as the company's proposal for the same time period and unlike the company's proposal there are no accompanying concessions required)
NO WORK RULE CONCESSIONS
NO SCOPE CONCESSIONS

It is also important to understand that while the UAL contract is still years away, the Delta contract becomes amendable before 1/1/2016. With all airlines posting record profits beyond anyone's expectations (the drop in fuel since June will account for an additional savings of $4 billion for American alone), it is expected that the Delta pilots will receive a substantial raise. There is also talk that Delta may offer less profit-sharing in exchange for higher pay, which again will boost the industry average even higher.

There is clearly a different culture at Delta than the one being fostered here at the "new" American. Their history is to get their contract negotiated before the amendable date and not drag it out for many years, as is the history with this management. By doing so, we expect the January 1, 2016, mid-contract adjustment to possibly be even higher than the expected 16.5%. Also, Delta CEO Anderson clearly understands that our pay is tied to their pilots' pay. It is obviously advantageous for Delta to have their contract completed before January 1, 2016, to prevent American from having an advantage with respect to pilot costs for years to come.

The question becomes: What gives our pilots the greatest benefit? Accept an early pay increase in exchange for permanent work rule concessions that we will never recover, or wait the one year (which includes a 3% raise on 1/1/15) and accept the 1/1/16 pay adjustment, which will result in an additional 16.5% raise or possibly higher while not giving up anything in return?

As you know, CEO Parker has never given up anything to labor that he was not forced to give up. For him to make this offer now is in our opinion clearly set to get him off the hook cheaply and for an extended term in addition to getting us to take lifelong concessions at a time of record profitability that we will likely never see again in any of our lifetimes.

Recognizing that we are not interested in poking a stick in the eye of management, our priority is to get the maximum benefit for our pilots while allowing the company to compete. Our proposal does just that. We are the largest airline in the world, and we can be the best. To be a world-class airline, however, requires a world-class management team that energizes their employees. Delta and Southwest do it by investing in their people. We would like to think that Messrs. Parker and Kirby would understand this and accept the new paradigm that you do not have to be at odds with your employees to be successful.

Unfortunately, for whatever reason, this management team continues to see it differently. Remember Doug Parker's recent comment that employees don't have that much impact on daily profits. Frank Lorenzo would be proud. In fact, in an article published last year, Lorenzo commented that "Doug Parker got it right." That endorsement speaks for itself.

Rest assured that your concerns are our concerns and that we will do our best to get this management team to understand we are more experienced than any pilot group in the world and, through our sacrifices, are hugely responsible for the incredible financial success they enjoy today. We expect to be treated as such, anything less is unacceptable and truly inconsistent with Going for Great.

Hope to see you at tomorrow's domicile meeting at the Airport Marriott from 9:00AM to 2:00PM.
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Old 10-24-2017, 02:31 PM
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Default One more slice of Scooter Kirby's work

Fellow Pilots,

In February of 2012 Scott Kirby met with Captain Bates, then President of the APA, about winning the unions support for a takeover of American Airlines from then CEO Tom Horton. During the secret talks that ensued over the next few months, the LUS senior management team convinced the APA leadership that they were the team that could change labor/management relations for the better and bring the New American Airlines out of bankruptcy with a new management ethic and shared wealth. Although the APA was leery at first, management convinced them to go along partly because of their extreme dislike of Mr. Horton, but mostly because the LUS management team was actually treating them with some respect. Negotiating sessions were cooperative and productive. There appeared to be real effort to address the pilots’ concerns not just lip service. At least that is what they thought. To set the stage for the environment at that time, the United/Continental merger was not going well. They had labor/management problems and were losing money. The Company needed to show the Unsecured Creditors Committee, regulators, investors and government agencies that they would not have labor issues. It was key to pulling off the deal! Without our support, the merger would not have happened!

Mr. Parker needed this deal. It was the last merger of any significance that was to be had in the industry. He had failed at Delta (the employees wanted nothing to do with USAirways management). He had failed at United. American was it; or he would have to continue to run USAirways and deal with the eventual merger of the East and West seniority list and release by the NMB for self-help. Both pilot groups were years past their amendable dates. He wanted it badly and so did the creditors and bankers. The APA recognized this to some degree and were able to salvage a lot of their contract from the 1113 bankruptcy process. During that time, management did not even try to win over the LUS side. The treatment of the LUS pilots during this process should have sent a strong message to the APA of just what kind of people they were dealing with. They are now learning that the hard way.

In April of 2012 when USAirways and APA agreed to and executed Conditional Labor Agreement and Plan of Reorganization Agreement- (CLAII) oil was at a multi-year high. Furthermore, the pricing power and synergies of industry consolidation had not taken effect since the AA-US merger was the last piece of the puzzle. The industry landscape was totally different then. Management did what they always do. They locked in bankruptcy era working conditions and cost structure while they had the opportunity, all the while playing the role of the white knight. Remember, this was all done under the threat of the 1113 bankruptcy process alternative and the LUS pilots were dragged along with them. To highlight the lack of input afforded the LUS pilots, the APA (different BOD) negotiated away our profit sharing for a mere $12 million value. That is the equivalent of when the Dutch bought Manhattan Island from the Indians for $24 and a bunch of beads. The most appalling part was that the media was comparing Mr. Parker to Herb Kelleher!

Fast forward to today. Consolidation is complete. Oil is at a five year low and forecast to go lower. Jet fuel prices are down almost 30% since August. Many analysts are modeling this trend to last at least through 2015 and represents an unexpected boost to earnings going forward in the billions of dollars. In fact, Wolfe Research's airline analyst Hunter Keay has just forecast a full year 2015 drop in fuel expense for AAL mainline of more than $2.2 billion, with an 2015 pre-tax profit estimate of $6.6 billion and $7.1 billion in 2016. (2014 est.= $4.4 billion). This is a sustained recovery and the industry is the most profitable in its history. The fall in oil prices has helped the airline industry twofold - most notably by reducing its number one cost of fuel and secondly, by the effect of lower energy costs on the overall economy thereby putting billions of dollars back into the pockets of consumers to spend on things like airline tickets. Earnings estimates are being raise significantly throughout the industry. JP Morgan just raised AAL (American Airlines) target price to over $80.00 from a recently revised $64.00. That represents a $59 billion market capitalization! American Airlines will be swimming in money. It simply does not get any better than this for the industry and it is certainly not the time to be locking in a bankruptcy imposed contract.

Throughout the JCBA process the company has essentially not engaged us in negotiations. While we have spent months attempting to get costing from the company for various contract items, the company has essentially left that to the union. When the 30 day MOU mandated JCBA timeline started, the company asked for an extension to allow for the Flight Attendants to vote on their contract. During that time the company did nothing to move our contract along. They waited until four days before the 30 day extension ended and handed us a mere notepad list of (7) concessions that they want for an hourly wage increase. They put absolutely no effort in any of our concerns or even to cost their own concerns! Although they color their pay proposal as “Industry leading” it is only salary and it’s only temporary, since both Delta and United will be negotiating new contracts. In addition, almost every other section of the contract is below our peers. Also, while both Delta and United have profit sharing, Parker has steadfastly refused to talk about it saying that he thinks we should get that in salary. We find this interesting considering that the value management gave to our profit sharing during the MTA negotiations with APA was only $12 million!

What is profit sharing really worth?

While management plays down the value of profit sharing to all the employees, let’s see what the Delta pilots get. This year Delta pilots will get 15% of W-2 earnings. That is $30,000 for a group 2 Captain and that number is expected to be significantly higher next year with the increased earnings from the collapse in oil prices. So just what have they offered us? Well for starters, ZERO for profit sharing and that puts us at a yearly deficit of $30K to $50K to Delta. They have offered us a pay bump to Delta’s current rate plus approximately 3%, but we lose the parity review in 2016. Doug says that he is paying us above Delta and that “it is the right thing to do” and that “he feels good about that” but refuses to insure that we stay above Delta with a parity provision. Since he is looking out for our best interests by not making us risk our earnings to things like Ebola and terrorism by giving the value in salary, he needs to back it up with a pay scale that reflects it. When considering the profit sharing W-2 formula, the most senior pilots are losing the most on this deal and it is a loss that continues year after year in contrast to a one time pay bump. With the recent analyst earnings upgrades, a Delta style profit sharing plan could potentially have a 787/350 Captain making in excess of $60K in 2015 alone. Now you know why they don't want us to have it.

The rest of the story

Management is smart. They know that employee costs are more than just salary. They are playing a shell game with you. They want you to focus on the salary while they gut the other sections of the contract. They all cost you money. If you are paying more for your health benefits, working an extra day or two because of the duty rigs, or find yourself injured an on LTD unable to work, it costs you money. When you fly an airplane that carries the same amount of people as a 757, and generates as much revenue as a 757, it should pay as much as a 757. When your salary goes up, your LTD benefit should go up proportionally to cover the percentage of your wages. If you are a professional pilot, you should not have your LTD reduced because you’re qualified to perform non-flying type work. If you die, your family should get more than $70K in company paid life insurance benefits when they have been used to your $200K salary. Delta pilots get $650,000. If you are gone from your family for 3 days, you should receive 3 days of pay. If you are a reserve and have vacation, you should not lose your days off. If you live in a metropolitan area, you should not have to risk an auto accident to get to work within 2 hours. And if you have sacrificed your life for the company’s survival under furlough (some with multiple furloughs) you should get some consideration for this sacrifice. These are just some of the highlights that Delta pilots do not have to deal with. You should not either.

So what do we do about it?

We have a choice before us. Admit defeat and bow to the company’s extortion, or say no more giving to a company that does not appreciate what we have done for them over the last decade and a half. For 15 years we have sacrificed to keep our respective companies alive. If not for the employees, and in particular the pilots, there would be no company for Doug to run or the investors to profit from. Doug would not have made $20 million this year. We made that possible; and what do we get in return? An industry bottom contract offer and an ultimatum. Legally the Company can proffer cost neutral arbitration. We would like to remind them that legally our respective heritage companies (American, USAirways & America West) did not have to open our contracts mid-cycle to give billions of dollars in contract relief when times were hard. In total hypocrisy, look what the company did to Envoy. Less than a month after agreeing to a horrendous contract during the American bankruptcy, the company said they want even more concessions from them! What we are witnessing is the beginnings of what we believe will be remembered as the most anti-labor management in airline history.

We are representing the entire spectrum of our pilots. Let’s not be short sighted. Look what happened when the APA thought short sighted and sold our profit sharing for fractions of pennies on the dollar for a very small pay raise that is meaningless now. We’re looking at not just today, but tomorrow and five to ten years into the future.

What the company is trying to do to us will bring down the entire industry. Voting for a concessionary contact will send a message to both the company and the investors that we support our management. All they will see is that it passed, not that it passed but we don’t like it or them. There is a danger to simply sending out the company’s proposal to the membership to vote on. First, they will never improve the current offer if they know they can bypass the BOD. Secondly, if it fails there will not be a second shot at it. We feel it is much wiser for the Company and the Union to come to an agreement that we can both live with that also gets the unions endorsement. There are some BOD members that have the “take the money and continue to fight the company” attitude. Ron and I think it is better to have our fight now and support the company going forward. With that said we are prepared to fight another five years if we are forced into a bankruptcy negotiated contract. It is time to take a stand and demand to be treated like our peers. We are ready to stand up for you and the profession. Do we have your support?
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Old 10-24-2017, 02:32 PM
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Originally Posted by ATR72 View Post
Kirby. That's the same guy who washed out of UPT...supposidly that's where he became a real pilot hater. The story was that it was air sickness. He tried the scope grab at AA it was foolish. I think he was after 81 seats versus the current 76 seat limit. His BS justification was that it could feed the international / long haul. APA correctly said use an A319 or E190 if you need more people.

One side note... after the JCBA was settled and 2/3s foolishly voted yes, a large number of the A319s on order were converted to the A321s. Why? Because we foolishly let the 321 into group 2 with as many seats as a B757. As soon as we passed the JCBA they converted the orders.

Point being Kirby is a liar and will say anything to keep up the outsourcing scam. He probably wants to trash United with more RJs just like America West, US Air & AA. He's just another suit looking to make a little more money on the backs of organized labor, don't let him do it.
Yeah probably had nothing to do with them costing $5m more a copy to haul 60 more people, along with expanded feed opportunities due to the merger.

Nope, it was strictly to f the pilots which is the airline’s #1 mission statement ahead of trying to make money (that is #2).

News flash if you voted no you’d be making less flying that 757 than you do flying the 321 now but I guess you’d feel like you are #winning!!
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Old 10-24-2017, 02:34 PM
  #14  
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JCBA UPDATE


Dear PHL Pilots,
The APA board met last week to address the company’s Dec. 23, 2014, JCBA proposal. After two days of debate, the BOD voted 18-4 (PHL voted yes) to approve in principle the company’s Dec. 23 proposal and to ballot the membership after an agreement on final language.
Day 1 was mostly spent working on strategy for how to approach management’s latest “take it or leave it” offer. While there are several things less than satisfactory in the proposal, the BOD was unanimous in their focus on improving the pitiful 11-hour three-day pairings, and we will acknowledge we were extremely pleased with the tenor of the meeting and the way the board came together in an attempt to address this important issue. The result was a vote (18-4) that we were willing to forego membership ratification, with an immediate board approval (contingent upon acceptance of final contract language), if the company agreed to address the 11-hour three-day problem.
And it wouldn’t have required much on their part. What the BOD proposed was based on the West’s “long-rate rig,” something that not only has been used in PHX for the entire duration of their current contract but also was already agreed to by this same management team in joint East-West negotiations. As such, we had every expectation that this would be acceptable to management. Furthermore, we believed that by proposing one very important QOL issue in return for immediate BOD ratification, we were not only being reasonable but also providing the company with an opportunity to finally put their oft-touted “new corporate culture” on display.
Unfortunately, and true to their history, the company just said no and refused to offer any alternate solution to remedy this significant QOL problem. They said their analysis showed the additional rig to be too costly and completely disregarded our own cost analysis as well as the fact that we showed them where they lacked understanding of their own West contract language. Scott Kirby also accused APA of changing the West language in our proposal, and while we’re not sure who is advising him, our proposed language was a direct lift from the West contract posted on Wings. The only thing altered was the 24-hour minimum duty break threshold that we lowered to 22 hours. This was done to capture certain pairings that would not have been covered by the new rig. However, this difference was not what Scott Kirby was referring to, and it was clearly explained to him by APA President Keith Wilson so he understood there was a change (24 hour break to 22 hour break) and, more importantly, why it was necessary. The bottom line was simple and abundantly reasonable: Pay us for three days when we are on a three-day trip.
But they refused, and to justify it, the company misleadingly “costed” our proposal based only on how the current pairings would trigger the new rig. Even more troubling, they acknowledge that the pairing optimizer would have “optimized around” the rig, resulting in different looking parings (more four-days, for example) — which would lower the cost of this QOL benefit — but they wouldn’t take that cost out of the analysis they cited in their refusal. It’s all very typical, very predictable behavior from this management and is sadly familiar to LUS pilots. On one hand, they are proud to tell everyone they run the largest, most profitable airline on the globe, and on the other, they refuse to compensate their pilots for their extended down time spent at hotels like they did for America West pilots in 2004 and continue to do today. Same management, unspeakably huge profits, but insistent on making you spend time away from family uncompensated.
Unlike Delta management, which apparently understands the benefit of addressing pilot concerns even if it has an adverse effect on the bottom line (last week, Delta management agreed to not outsource pilot jobs to partner Virgin), US Airways management just doesn’t have it in them to address our issues if it costs the company any amount of money. While we don’t know how much this recently negotiated job guarantee at Delta costs, we are willing to bet it is significantly greater than the cost of the rig to pay us three days for three days on the job.
It would have gone a long way in building a better relationship if Scott Kirby contacted APA and said something like, “I understand this is an important issue to pilots, and it’s just plain wrong for management to require pilots to work three days and get paid for only two. I know it’s going to result in higher costs, but I’m the president of the largest, most profitable airline in the world, and I’m going to do the right thing treat my pilots as such, value the time they spend away from their families, and agree to this new rig.” Instead, Scott Kirby chose to simply say no.
Scott, please reconsider your decision, it will go a long way in building a better relationship.
So, back in the real world, faced with management’s familiar “just say no” mentality, as well as an arbitrary deadline, the BOD had to decide whether to accept the original company offer and send it out for a membership vote after reviewing the final language or to say no thanks.
As you know, the company put two conditions on retro pay back to Dec. 2. One was acceptance by the board before Jan. 3, and the other was to have the unrealistic Jan. 19 pilot vote deadline. We were advised by APA President Keith Wilson that these dates were selected by management to ensure the voting will be completed before both the American and Delta 2014 annual financial results, which are expected to be extremely positive. In the end, the board did agree in principle to accept the Dec. 23 proposal. It will be sent to the pilots for a vote after BOD approval of the final language, which will be completed this week.
We believe Management still has an opportunity for a much improved culture. During a recent update we asked whether the company wanted 15,000 problem solvers or 15,000 pilots saying “solve your own problems.” We believe if management reconsidering its decision and adopts the proposed long rate rig it will go a long way in attaining 15,000 problem solvers and truly position American Airlines much closer to “Great”.
Road shows are tentatively scheduled during the weeks of Jan. 12 and 19. Look for details later this week.
As you can imagine, the last several weeks have been time-consuming and demanding. Please understand that we read/listen to all of your emails, Sound Offs and VM’s. Just because we haven’t responded to all of them doesn’t mean we don’t take your opinions seriously because we certainly do.
Thanks for the continued support.

In unity
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Old 10-24-2017, 02:37 PM
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Originally Posted by Name User View Post
Yeah probably had nothing to do with them costing $5m more a copy to haul 60 more people, along with expanded feed opportunities due to the merger.

Nope, it was strictly to f the pilots which is the airline’s #1 mission statement ahead of trying to make money (that is #2).

News flash if you voted no you’d be making less flying that 757 than you do flying the 321 now but I guess you’d feel like you are #winning!!
You must be one of the guys who can't see past the hourly wages into work rules, etc. amusing that these days no one will admit that they voted for this POS JCBA.
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Old 10-24-2017, 04:47 PM
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Originally Posted by ATR72 View Post

One side note... after the JCBA was settled and 2/3s foolishly voted yes, a large number of the A319s on order were converted to the A321s. Why? Because we foolishly let the 321 into group 2 with as many seats as a B757. As soon as we passed the JCBA they converted the orders.
I'm with Name User, I seriously doubt the JCBA had anything to do with the conversion. It's about a $10 an hour pay difference, and that barely factors into the equation when they are planning aircraft needs for the network.
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Old 10-24-2017, 04:53 PM
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Default Kirby going after scope at United

Originally Posted by ATR72 View Post
You must be one of the guys who can't see past the hourly wages into work rules, etc. amusing that these days no one will admit that they voted for this POS JCBA.


They gave us industry standard pay outside of section 6. They may have done the same even if we voted no. Who knows?

But what is certain is we would be close to opening section 6 negotiations while the economy is still on the upswing.

Who knows what would have happened. We need to focus on C2020.

Edit: I meant to quote Name User not you.
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Old 10-24-2017, 11:28 PM
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Originally Posted by PRS Guitars View Post
I'm with Name User, I seriously doubt the JCBA had anything to do with the conversion. It's about a $10 an hour pay difference, and that barely factors into the equation when they are planning aircraft needs for the network.
And with that attitude does length of service matter?
What are a few whining former TWA pilots after right?
Probably the same thoughts on LTD right? Doesn't affect me so it's all good right?
It's only ten dollars an hour...that's how contracts are eroded.

What's next, you work part time for Mr. Glass?
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Old 10-24-2017, 11:33 PM
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Originally Posted by mainlineAF View Post
They gave us industry standard pay outside of section 6. They may have done the same even if we voted no. Who knows?

But what is certain is we would be close to opening section 6 negotiations while the economy is still on the upswing.

Who knows what would have happened. We need to focus on C2020.

Edit: I meant to quote Name User not you.

We got the pay raise outside of section six that's correct. Make sure to place the credit where it's due- the no vacation float campaign. That eight percent came within weeks of that, which validates that the no vacation float was what triggered the raise, not parker being a nice or fair guy (we all know he isn't).

On the rest of it you're right. Mostly it's water under the bridge except when I see the same apathetic attitude on display- that's how we get crushed every time. 2020 is not that far away and we definitely do not have our act together. It sounds like it'll be a similar negotiating team dynamic as last time. The same one that failed at everything except the hourly pay rates.
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Old 10-24-2017, 11:43 PM
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Originally Posted by mainlineAF View Post
They gave us industry standard pay outside of section 6. They may have done the same even if we voted no. Who knows?

But what is certain is we would be close to opening section 6 negotiations while the economy is still on the upswing.

Who knows what would have happened. We need to focus on C2020.

Edit: I meant to quote Name User not you.
It's off subject a little bit..but since you mentioned contract 2020 this is who we are up against. They are good, perhaps the absolute best at what they do. When you compare our contract to UAL/DAL this consulting group is a big part of why AAs doesn't measure up. We need better, tougher people to combat this:



Jerry Glass | F&H Solutions Group

Jerry Glass | F&H Solutions Group
Jerry is a recognized human resources expert and labor relations expert. He has extensive experience as a negotiator, an analyst and an advisor, and he has served as chief negotiator for more than 100 different labor agreements in the airline, railroad and manufacturing industries. In addition, he has been the chief negotiator in the elevator construction industry’s last three rounds of multi-employer bargaining, representing that industry’s four largest companies.

He deals with some of the most complex and difficult issues facing corporate America. These include defined benefit plans, retiree medical, lost time (sick leave, family and medical leave, disability and worker’s compensation), and employee health and welfare issues.

Jerry is an expert negotiator who advises clients on human resources issues, negotiation strategies and contract proposals. He has extensive experience in conducting comparative studies of various industry agreements, including pay, work rules, practices and procedures, and benefit plans. In addition, Jerry provides industry analysis on employee relations, labor negotiations and industry settlements for investment banks, financial services institutions and other nonairline companies. He represents investors and corporations in mergers and acquisitions in several industries, focusing primarily on conducting due diligence on labor issues, negotiating consolidated collective bargaining agreements involving several companies and advising merged companies on overall labor and employee relations strategy.

He also has extensive experience in corporate restructurings, having served as chief negotiator and labor advisor in numerous Chapter 11 reorganizations. He has testified in multiple Section 1113 cases and other Chapter 11 bankruptcy cases as an expert witness on management compensation and retention and on comparative pay, work rules and benefits.

Jerry rejoined the consulting firm in October 2005, after serving as executive vice president and chief human resources officer at US Airways from April 2002 until September 2005.

At US Airways, Jerry had overall responsibility for labor relations, human resources, policy and compliance, benefits, compensation, recruiting, and corporate learning and development. Prior to founding J. Glass & Associates, F&H Solutions Group’s predecessor, Jerry served from 1980 to 1989 with the Airline Industrial Relations Conference, the labor policy and information exchange organization of U.S. scheduled airlines, holding several senior positions, including vice president, secretary-treasurer and director, labor relations research. He reported to the chief executive officers and chief labor relations officers of 22 airlines. He was responsible for keeping members abreast of changes in labor agreements, contract negotiations and trends in collective bargaining. Jerry produced materials used by senior management and their staff to assess intra-industry developments in pay, benefits and working conditions. He also formerly served as assistant to the director of economic studies for the American Association of University Professors.

In 1994, he co-founded the Labor Relations Association of Passenger Railroads (LRAPR). LRAPR is an information exchange organization comprised of the chief labor relations officers from major passenger railroads in the northeastern and midwestern parts of the United States. As part of his representation of passenger railroads, Jerry negotiates collective bargaining agreements and advises passenger railroads on various labor and employee relations matters.

Jerry has been quoted in hundreds of newspaper and magazine articles and has been interviewed on numerous radio and television programs regarding labor- and human resources-related matters. He has appeared on television, including NewsHour with Jim Lehrer and FOX Business Network, and he has been quoted in the Associated Press, Bloomberg, Business Week, Chicago Tribune, Detroit Free Press, Minneapolis Star Tribune, MSNBC.com, Reuters, USA Today, The New York Times, Los Angeles Times and The Washington Post.

In addition, he is a frequently requested speaker. His topics have included pay and labor markets in a global era, costing out labor contracts, and trends in health and welfare benefit plans.

Jerry is a graduate of Boston University. He holds a master’s degree in public administration from The George Washington University.

Testimonials on Jerry Glass as a speaker from current clients:

[Jerry was] truly inspiring and useful – I hope to use many of his lessons soon.

Jerry gave us straightforward advice and eloquence. What a fascinating, useful hour.

It was great to hear about his experiences and his insight to negotiating on the job and day-to-day life.



http://www.fordharrison.com/Airlines

Airlines
With the largest airline industry practice of any law firm, FordHarrison has unmatched experience in the labor & employment issues unique to airlines.

We partner with more than 60 airlines and related companies, including major airlines, national and regional airlines, foreign flag carriers, charter and supplemental airlines, cargo carriers and other employers to minimize legal risks and to maximize efficiency and profitability in the aviation workplace.

Our attorneys have extensive experience in the aviation industry, representing airlines in all aspects of labor and employment law, including mergers and acquisitions, contract negotiations, Railway Labor Act and employment litigation, arbitrations, and representation disputes with all of the airline-related labor organizations, including ALPA, AFA, AMFA, IAM, IBT, and TWU. More than a dozen FordHarrison attorneys devote substantially all of their practice to Railway Labor Act and related airline-industry matters, including the increasing number of disputes involving whistleblower claims brought under AIR21 and other similar statutes. Additionally, we have a group of more than 40 FordHarrison attorneys with significant experience in the airline industry who advise our airline clients in all aspects of employment law.

FordHarrison lawyers are also heavily involved in the airline industry through industry organizations and bar associations. Several lawyers actively participate in the ABA's Railway & Airline Labor Law Committee, ALI-ABA, the Regional Air Cargo Carriers Association, the Regional Airline Association and many others. Our lawyers have spoken at a number of industry events, including AIR Conference, ALI-ABA's national conference, and before the National Academy of Arbitrators.

Our practice includes:

Labor Relations. FordHarrison represents airlines in all areas of traditional labor law, which include:

Representation matters before the National Mediation Board (NMB);
Negotiation of collective bargaining agreements, including formulation of bargaining strategy, preparation and presentation of bargaining proposals, and representation during mediation by the NMB;
Preparation for and representation during strikes or other job actions;
Litigation arising from labor disputes;
Formulation and development of employment policies and practices designed to avoid and minimize grievances;
Grievance mediation, assisting airlines to settle union grievances with the participation of either NMB-appointed or independent mediators;
Arbitration of grievances (in this area, FordHarrison's access to prior decisions and information relating to arbitrators is enhanced by the firm's extensive internal library of unpublished airline arbitration cases, as well as our tracking and analysis of airline arbitration awards and trends);
Preparation and implementation of programs and policies involving DOT/FAA mandatory drug and alcohol testing, FAA-required background investigations, FAA civil penalty actions, federal and state Occupational Safety and Health Acts (OSHA), whistleblower actions, and Pilot Records Improvement Act (PRIA) issues related to obtaining and releasing pilot records; and
Whistleblower claims under federal and state law, including extensive experience representing airlines in AIR21 actions.
Employment Law. We have a number of FordHarrison attorneys who represent airlines and many other employers in all areas of federal and state employment law, which include:

Human Resource Services (Preventative Employment Advice and Training): Our firm is nationally known for assisting clients with their human resource function. We provide services such as employee handbook reviews, policy audits and training (e.g., harassment, discrimination, discipline and discharge). We combine the kind of practical guidance one usually associates with experienced human resource consultants with the legal advice so necessary to minimize legal risks in order to give our clients the kind of total service relationship they need in today's litigious climate. Our practical day-to-day advice is geared to assisting our clients in achieving their operational and human resources goals while reducing the chances of costly litigation. We also assist clients in responding to charges of discrimination filed with the Equal Employment Opportunity Commission (EEOC) and other state and local agencies. Additionally, we assist clients in the preparation of Affirmative Action Plans.
Employment Litigation: The proliferation of state and federal laws creating employee rights has caused an increasing number of lawsuits. Our lawyers represent employers at all stages of these employment disputes, including hearings, trials, and appeals. For example, we defend airline clients in federal and state discrimination claims of all types (race, age, sex, religion, national origin, disability, retaliation, etc.); state wrongful discharge lawsuits; whistleblower claims; ERISA disputes relating to pension or welfare benefits plans; and FMLA claims. We also handle suits relating to employment contracts, trade secrets, unfair competition, and covenants not to compete.
Wage and Hour Compliance: Federal, state, and local wage and hour laws determine when, in what form, and how much an employee must be paid. While employers covered by the Railway Labor Act (namely airlines and railroads) are specifically exempt from the overtime requirements of the Fair Labor Standards Act, airlines and railroads are still subject to the federal minimum wage requirements and many of the state laws requiring payment of overtime. These statutes and regulations significantly affect every employment relationship and, if not complied with, can result in significant unbudgeted liability for an employer. We help employers comply with all of these many state, local, and federal wage and hours laws. We counsel employers during audits of their wage payment practices by the U.S. Department of Labor and state compliance agencies. In addition, we advise employers on their obligations to employees with respect to prevailing wages, minimum wages, vacation benefits, meal and break periods, compensatory time, and related issues.
ERISA and Employee Benefits. Our Benefits Practice Group advises clients with respect to a variety of benefit plans such as defined benefit pension plans, hybrid pension plans, 401(k), profit sharing plans, and employee stock ownership plans (ESOP). We also assist clients in virtually all phases of plan adoption and administration, including plan design, tax qualifications, plan terminations and mergers, and employee communications. Our lawyers provide advice on the best ways to use self-funded plans and managed-care programs, Section 125 cafeteria plans, flexible spending accounts, as well as how to fund health, disability, severance, vacation, and other benefits through voluntary employee beneficiary associations (VEBAs). Whether dealing with retiree medical benefits, government investigations, plan consolidation, employee stock purchase plans, executive compensation, or supplemental benefits, we partner with our clients to find innovative solutions to difficult issues. Additionally, we advise employers when faced with furloughs to ensure compliance with WARN Act and COBRA.

Immigration. Our Immigration Practice Group is dedicated to assisting clients who are hiring, transferring, or terminating foreign nationals. We assist clients with obtaining temporary work visas and permanent resident status ("Green Card") in the United States for foreign nationals, hiring and transferring of foreign employees, I-9 compliance, and related employer obligations under the extremely complex immigration laws.

If you would like us to prepare a proposal to assist your company with your labor and employment law needs, please contact [email protected].
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