Scope in Ups TA
#2
UPS TA: Scope
INTERNATIONAL SCOPE (Flights occurring totally outside of the U.S.-foreign point to foreign point)
- UPS can no longer subcontract flying in international operations if "not economically feasible." (Article 1.D.2.a) (Art. 1.D.3.)
- All international flying with payload weight limit of 19,000 lbs. or more covered by scope language. This eliminates UPS argument that no weight limit applies. (Art. 1.C.2.)
- Scope protection against multiple feeder aircraft now applied to international operations for the first time to protect IPA flying. (Art.1.C.2.)
- All current international flights flown by UPS crewmembers will continue to be flown by UPS crewmembers and the Company has legal obligation to pursue additional route authority to grow IPA international flying. (Art. 1.D.2.b.)
- New routes will routinely be transitioned to IPA crewmembers within two (2) bid periods of the date new route authority granted. (Art. 1.D.2.b.)
- For the first time, UPS has legal obligation keep IPA international flying free of cabotage unless there are legitimate reasons. No obligation existed before. (Art. 1.D.2.c.)
- It is jointly agreed that the scope clause covers the carriage express freight domestically and internationally including but not limited to the business associated with the purchase of Menlo. (Art. 1.D.1.a.) " International Common Carriage-Current contract contains no limits. TA limits to maximum ten (10) containers unless flights are into or out of an international sort in which case the limit is reduced to a maximum of five (5) containers. Company cannot use common carriage to create an alternative transportation network to deprive IPA members of flying. Same definition applies to carriage of express freight. (Art. 2)
- UPS cannot subcontract out flying because of security risks without first getting agreement with Association. Neutral third party arbitrator would make final decision if parties have a dispute and cannot reach agreement. Protects all IPA flying-especially international flying-from the Company doing what they did with subcontracting out the TLV-IST route following 9/11. (Art. 1.D.6.)
- UPS continues to use subcontractor to fly TLV-IST until parties otherwise mutually agree and management cannot use any of the 4,000 block hours of flying contained in Article 13.M. without displacing IPA crews. (Art. 1.D.6.)
- It is jointly agreed that the scope clause covers the carriage express freight domestically and internationally including but not limited to the business associated with the purchase of Menlo. (Art. 1.D.1.a.) " Common carriage (Express Freight) limited to maximum of five (5) containers provided route has been in operation for one year independent of business from UPS. If not, the limit is one (1) container. (Art. 2) " Domestic Common carriage-no change. Same five (5)/one (1) container limit as in current book. (Art. 2)
#3
tagging onto you, FD,
from neg. committee chair-
"Scope
Our Scope Section is currently the best in the industry. With this contract, it has become even better.
We had four goals in negotiating scope, to preserve our current scope language, to preserve our participation in the Training Center, to blunt the possible ability of the Company to siphon away work through Supply Chain Solutions and to obtain the right to foreign point to point flying.
The goal of obtaining the foreign point to point flying was particularly troublesome as discussing foreign scope issues is not a mandatory subject of bargaining. Another way of saying this is that the Company does not even have to speak to us about the subject and the mediator cannot force them to do so. I am particularly pleased then that we were able to obtain this important piece, as are our scope attorneys. With this agreement, our rights to foreign flying are enforceable in a United States Court.
We also managed to obtain language that shores up our ability to participate as instructors in the Training Center but this part of our contract still lags the industry.
We were successful in limiting the threat from Supply Chain Solutions and preserving our current Scope language.
Score: Industry leading with the exception of Training Center jobs which is industry lagging."
from neg. committee chair-
"Scope
Our Scope Section is currently the best in the industry. With this contract, it has become even better.
We had four goals in negotiating scope, to preserve our current scope language, to preserve our participation in the Training Center, to blunt the possible ability of the Company to siphon away work through Supply Chain Solutions and to obtain the right to foreign point to point flying.
The goal of obtaining the foreign point to point flying was particularly troublesome as discussing foreign scope issues is not a mandatory subject of bargaining. Another way of saying this is that the Company does not even have to speak to us about the subject and the mediator cannot force them to do so. I am particularly pleased then that we were able to obtain this important piece, as are our scope attorneys. With this agreement, our rights to foreign flying are enforceable in a United States Court.
We also managed to obtain language that shores up our ability to participate as instructors in the Training Center but this part of our contract still lags the industry.
We were successful in limiting the threat from Supply Chain Solutions and preserving our current Scope language.
Score: Industry leading with the exception of Training Center jobs which is industry lagging."
#6
UPS can no longer subcontract flying in international operations if "not economically feasible." (Article 1.D.2.a) (Art. 1.D.3.)
I'm not a lawyer, but it seems that "if not economically feasible" is pretty vague language.
For the first time, UPS has legal obligation keep IPA international flying free of cabotage unless there are legitimate reasons. No obligation existed before. (Art. 1.D.2.c.)
Again, "unless there are legitimate reasons" ie (its cheaper)?
Just these two statements seem to have holes big enough to drive several big brown trucks through.
I'm not a lawyer, but it seems that "if not economically feasible" is pretty vague language.
For the first time, UPS has legal obligation keep IPA international flying free of cabotage unless there are legitimate reasons. No obligation existed before. (Art. 1.D.2.c.)
Again, "unless there are legitimate reasons" ie (its cheaper)?
Just these two statements seem to have holes big enough to drive several big brown trucks through.
#7
Originally Posted by fedupbusdriver
UPS can no longer subcontract flying in international operations if "not economically feasible." (Article 1.D.2.a) (Art. 1.D.3.)
I'm not a lawyer, but it seems that "if not economically feasible" is pretty vague language.
For the first time, UPS has legal obligation keep IPA international flying free of cabotage unless there are legitimate reasons. No obligation existed before. (Art. 1.D.2.c.)
Again, "unless there are legitimate reasons" ie (its cheaper)?
Just these two statements seem to have holes big enough to drive several big brown trucks through.
I'm not a lawyer, but it seems that "if not economically feasible" is pretty vague language.
For the first time, UPS has legal obligation keep IPA international flying free of cabotage unless there are legitimate reasons. No obligation existed before. (Art. 1.D.2.c.)
Again, "unless there are legitimate reasons" ie (its cheaper)?
Just these two statements seem to have holes big enough to drive several big brown trucks through.
Thank you! I'm not sure I've ever seen a contract with so much soft language in it. We all know that leaving contractual issues open to the good will of the company is a very bad idea.
#8
Originally Posted by Freighter Captain
You disagree with what he says on scope? Let's hear what you know, that he's not sharing then <g>
#9
Originally Posted by BrownClown
Thank you! I'm not sure I've ever seen a contract with so much soft language in it. We all know that leaving contractual issues open to the good will of the company is a very bad idea.
#10
Originally Posted by 767pilot
Not here at the IPA, why here, we thrive on it. Just look at all the "company sole discretion" type language in the agreement. Oh well, Mr, Magner says I must vote yes, so therefore, my mind is made up.
An unbelievable amount of "the company MAY" in this thing. Which we all know means the company with do what ever it pleases.
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