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Old 01-06-2009, 08:58 PM
  #21  
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Originally Posted by a300fr8dog View Post
Mike,
From what I gather from JG's message, and the MEC's, it is our union's contention that "proof" of an impending furlough has not been substantiated. Invoking Section 4 without proof violates the contract. And yes, that is how I read Section 4, too. So until that proof comes out, we MUST hold their feet to the fire.
Until then...
Cheers.
Here's 4.A.2.b. in all it's glory:

"The minimum bid period guarantee shall be reduced to a minimum of 48/60 CH before any pilot is furloughed. At least a full bid period must follow the announcement of this action. This provision shall only be used to prevent or delay a furlough."

I read they have to announce a full bid period in advance. They did that. I also read this section is to be used to prevent or delay the f-word. If they meant 'upon written notification', it would have been in there.

I like your thinking, but what do we have to hold their feet? Not the language here as I read it.
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Old 01-06-2009, 09:51 PM
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Originally Posted by av8rmike View Post
Here's 4.A.2.b. in all it's glory:

"The minimum bid period guarantee shall be reduced to a minimum of 48/60 CH before any pilot is furloughed. At least a full bid period must follow the announcement of this action. This provision shall only be used to prevent or delay a furlough."

I read they have to announce a full bid period in advance. They did that. I also read this section is to be used to prevent or delay the f-word. If they meant 'upon written notification', it would have been in there.

I like your thinking, but what do we have to hold their feet? Not the language here as I read it.
Might not be the words, but it's the "intent". Recent comm. from ALPA talks all about what the negotiators' "intent" was. This whole situation is nothing less than the same blinking contest that goes on during the end of contract negotiations. It's all about brinksmanship. I say we give our guys the benefit of the doubt, because it sure sounds like they understand what's on the table.
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Old 01-06-2009, 10:36 PM
  #23  
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Originally Posted by av8rmike View Post
Here's 4.A.2.b. in all it's glory:

"The minimum bid period guarantee shall be reduced to a minimum of 48/60 CH before any pilot is furloughed. At least a full bid period must follow the announcement of this action. This provision shall only be used to prevent or delay a furlough."

I read they have to announce a full bid period in advance. They did that. I also read this section is to be used to prevent or delay the f-word. If they meant 'upon written notification', it would have been in there.

I like your thinking, but what do we have to hold their feet? Not the language here as I read it.
The 48/60 reduction originated in the first FPA T/A, contract. PC represented FPA on the union side of the table so he may have an expert opinion of the intent.
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Old 01-07-2009, 02:35 AM
  #24  
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Originally Posted by av8rmike View Post
Let's pretend you own a trucking firm with 600 employees. Half are truckers, half are clerical/sales/warehouse/maintenance personnel. Times get hard and volume goes down by a third. I only need 200 truckers, but still need almost all the other people to run the company.

I can get rid of 100 truck drivers, or I could keep all of them and drop their pay by a third to keep their relative cost to the company the same. I could cut the pay similarly for the other employees, but I need all of them to continue to run the company. They are a fixed cost, the truckers are a variable cost.

Everyone calling for all FedEx employees to share a 20-30% pay cut (shared sacrifice) don't seem to get the above. Volume is WAAAY down. They do not need all of us at present. The options allowed by the contract are to cut hours or F-word. Regardless of your interpretation of the 'implied' language of the contract, they are going to pay relative to volume and manning. I hate to say it, but like so many previous examples, if it ain't spelled out, we lose. Heck, we lose on occasion when it is spelled out.

I'm not looking forward to the paycheck hickeys that are coming, but I've still got a paycheck, medical benefits for me and my family, retirement accruing and a company that seems to be willing to keep me around rather than putting me on the street. Talk about increasing costs to the company (APU use,etc) and negatively impacting reliability is moronic and self-destructive. I'll limbo really, really low to keep us all on property.
I have a trucking company, too. I only have 99 drivers (to make my public math easy) and they are split evenly with 33 drivers in Los Angeles, 33 in New York, and 33 in Baton Rouge. Now I need to lay off 33 drivers, because volume is down, so I decide I'm going to close Baton Rouge, because I still need drivers in LA and NY. The problem is, all the senior drivers are in Baton Rouge. So I have to lay off 33 drivers between NY and LA, and then move all the senior Baton Rouge drivers to the coast. So now their contract states that if I kick them out of their home, I have to pay for the move, buy their house, and give them all sorts of living expenses. Added to this, I used the Peterbilt 397 in Baton Rouge, but I use a Mack Pinnacle in LA and a Volvo VN in NY. So now all those Baton Rouge drivers that moved to the coasts have to be trained in new trucks... man, I didn't know laying off 33 drivers would cost me so much... in fact, after I ran the numbers, it's actually costing me MORE money to lay off 33 drivers than it would if I just kept them all... I have a great idea... I'll just scare them into thinking that they're going to be laid off, and they'll take the pay cut willingly. Brilliant!!

Last edited by Sluggo_63; 01-07-2009 at 02:46 AM.
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Old 01-07-2009, 02:58 AM
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Originally Posted by Sluggo_63 View Post
...man, I didn't know laying off 33 drivers would cost me so much... in fact, after I ran the numbers, it's actually costing me MORE money to lay off 33 drivers than it would if I just kept them all...
I heard The One's administration will propose tax cuts for business that create jobs OR prevent layoffs... If so, I wonder if some businesses won't try to announce huge layoffs only to "miraculously" cancel them later to make themselves eligible for the tax rebate?
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Old 01-07-2009, 03:31 AM
  #26  
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Originally Posted by FoxHunter View Post
The 48/60 reduction originated in the first FPA T/A, contract. PC represented FPA on the union side of the table so he may have an expert opinion of the intent.
Shouldn't you be off counting your money instead of taunting those who are about to take a hit so guys like you can keep making more of it? How much C/O are you flying FH? No one knows because you hide your schedule. Thanks again for your part in this. I only hope karma catches up with you like it did your pal NMB. I guess that train wreck he saw coming wasn't ALPA related after all and he ended up being the engineer! BTW..it's amazing how much safer the deer are now that your back in the left seat!
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Old 01-07-2009, 04:03 AM
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Originally Posted by Sluggo_63 View Post
I have a trucking company, too. I only have 99 drivers (to make my public math easy) and they are split evenly with 33 drivers in Los Angeles, 33 in New York, and 33 in Baton Rouge. Now I need to lay off 33 drivers, because volume is down, so I decide I'm going to close Baton Rouge, because I still need drivers in LA and NY. The problem is, all the senior drivers are in Baton Rouge. So I have to lay off 33 drivers between NY and LA, and then move all the senior Baton Rouge drivers to the coast. So now their contract states that if I kick them out of their home, I have to pay for the move, buy their house, and give them all sorts of living expenses. Added to this, I used the Peterbilt 397 in Baton Rouge, but I use a Mack Pinnacle in LA and a Volvo VN in NY. So now all those Baton Rouge drivers that moved to the coasts have to be trained in new trucks... man, I didn't know laying off 33 drivers would cost me so much... in fact, after I ran the numbers, it's actually costing me MORE money to lay off 33 drivers than it would if I just kept them all... I have a great idea... I'll just scare them into thinking that they're going to be laid off, and they'll take the pay cut willingly. Brilliant!!
You forgot to add that it was your decision to put them out of order in the first place and to put them back in order would cost more than would be saved by a furlough. Other than that..spot on!

Again, we have been offering to help with this issue for a year and been turned down. Poor decisions made by management as far as where to put pilots, allowing those that were in lower paying seats to jump up to higher paying ones when we are already in a surplus situation, and opening bases where the junior pilots in the company would be based overseas due to a expat package that was woefully insufficient are the main culprits here. Do we really need to take a pay cut for that from a company that made these mistakes and told us to pack sand when we tried to help? Saving 24 million a year on fuel cost and this is their thanks? How many managers got bonuses for our actions in the Fuel Sense program? Lots.. The pilots doing all the work in the heat and cold while they sat in their climate controlled offices? No bonuses I am aware of like they give in the rest of the company when times are good. Now that they are bad we take the biggest hit? Oh and did I mention we are STILL MAKING MONEY! Name one other pilot group that has done any of this while their company was still prosperous. Let's all get a grip and stop finding ways to justify this on the company's part. If they really needed help they would have responded to our offers. This is all about a power grab while the getting is good and hoping we all react like the original poster here.

The economy is bad. It may get worse. This company will suffer just like others. It will get better. We will make it through this better than most. Furlough is really not an option now for several reasons we are not responsible for. This is not what this is about.

BTW..2010 just got a whole lot harder in my mind. With all the "gray" areas of the contract we have been exposed on these last few years I will not vote for a contract that doesn't have real teeth. Close the loopholes that we trusted the company to follow the intent of and make it iron-damn-clad! Oh, and if we are going to take a hit when we don't make as much money as management wanted, build me in a share the wealth program when they make record profits like they have the previous 10 years.

Thanks you for your time..
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Old 01-07-2009, 04:51 AM
  #28  
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Originally Posted by Sluggo_63 View Post
I have a trucking company, too. I only have 99 drivers (to make my public math easy) and they are split evenly with 33 drivers in Los Angeles, 33 in New York, and 33 in Baton Rouge. Now I need to lay off 33 drivers, because volume is down, so I decide I'm going to close Baton Rouge, because I still need drivers in LA and NY. The problem is, all the senior drivers are in Baton Rouge. So I have to lay off 33 drivers between NY and LA, and then move all the senior Baton Rouge drivers to the coast. So now their contract states that if I kick them out of their home, I have to pay for the move, buy their house, and give them all sorts of living expenses. Added to this, I used the Peterbilt 397 in Baton Rouge, but I use a Mack Pinnacle in LA and a Volvo VN in NY. So now all those Baton Rouge drivers that moved to the coasts have to be trained in new trucks... man, I didn't know laying off 33 drivers would cost me so much... in fact, after I ran the numbers, it's actually costing me MORE money to lay off 33 drivers than it would if I just kept them all... I have a great idea... I'll just scare them into thinking that they're going to be laid off, and they'll take the pay cut willingly. Brilliant!!
Yor first problem was to own a trucking company in Baton Rouge. Other than that your anaylsis of the problem was spot on. We used to have several bids a year. Then it moved to spring and fall bids. Then just a spring bid untill now were we would not make a move until we had the MOABs. This is how mangt got the senority all out of wack...........
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Old 01-07-2009, 05:01 AM
  #29  
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Originally Posted by FreightDawgyDog View Post

Again, we have been offering to help with this issue for a year and been turned down.

This is all about a power grab while the getting is good and hoping we all react like the original poster here.
This is the heart of the matter
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Old 01-07-2009, 07:46 AM
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Originally Posted by av8rmike View Post
I addressed this in my first post. The Association in putting out that the 'intent' was not to lower lines below 68 hours unevenly. Have you read that section of the contract? I have and it doesn't say anything of the sort. When contract language is ambiguous, do we normally win?

One other thought, bad in the good ol' days, when the 727 BLG was 72 and the MD-11 was 75, who complained? Unequal, but ok. Going downhill, unequal isn't ok? I WISH our contract had unambiguous language in this section saying below 68 hours, all tracks will match, but it doesn't.

Mike,

Have you read the whole contract? How about the section that states the max diff in blg is 13 in a bid period package. The only place bid period package is defined states that one will be built for each base. It says nothing about aircraft. So, a DC10 at 48 in MEM and an MD11 at 70 in MEM would be a violation.

How about section 23 which states "The Company shall notify the Association in writing if it anticipates
a furlough or a recall. Upon written request, the Company shall
meet and consult with the Association concerning possible
adjustments to provisions of this Agreement (e.g., construction of
bid period schedules and reducing or eliminating volunteer and
draft flying) that may avoid or mitigate the effects of a furlough."

Or how about further down where it states that the company can offer early retirement to prevent or delay a furlough.

Section four is only part of the whole contract and is only one of the things available to prevent or delay a furlough. The company is making a money grab. They said in the fall that they would continue talk in the new year when the manning picture became clearer, but right after peak, we ran into an emergency that couldn't wait. Does that seem logical to you?
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