FDX - Think Before you Vote
I do not know this captain but after reading what he submitted to Steve to be posted in his JetFlyer email I thought it was worth passing along.
For two seconds I beg you to look past the 3% hourly rate increase and read the hidden details being included in this TA. This is a FULL 31 section ratification (compensation only being one) with some serious changes with very lasting effects. TA NOTES part 1 Consider these points in the TA before voting. question your representatives SECTION 3D2 - International Override The international override pay remains the same even though the trips are now much longer and the introduction of the LRN Checklist (no longer named ETOPS LRN) duties have increased exponentially. Think this only affects the B-777? FedEx's comments on the NPRM include a cost estimate of $30.7 million for "Adding crew bunk to MD11/MD10-30 Fleet: For Max duty limits, 41 MD11's / 17 MD10-30's will require the crew rest module." Section 14C - Reserve pilot sick leave This section speaks of a "mini RLG" though the only definition of that term is in section 14c,i and states: "A pilot holding a line comprised entirely of R-days or holding a mini- RLG consisting of a block(s) of R-days and who is sick for all such R- days shall be compensated his RLG/mini-RLG and shall have his sick leave reduced by such RLG/mini-RLG." Mini RLG can be, and I'm betting will be, interpreted to mean any block of R days and is a give back from our current contract which requires a pilot to be sick for the entire month before his full reserve BLG is deducted from his sick bank. SECTION 18 - WITNESS AND REPRESENTATION Section 18 A1f allows the MEC Chairman to designate anyone he chooses to be removed from duty with pay...up to 10 pilots not designated as officers, committee chairs or designated to any assigned duty in the union: 18 A "and with 30 days written notice prior to the beginning of the first affected bid period, the following shall be removed from flying as provided in Section 18.B.1.b. or c.:" 18A1f "other pilots designated by the MEC Chairman; provided, however, the total number of pilots removed under Section 18.A.1. shall not exceed 10, except with the Company's agreement." 18D1 also allows the MEC Chairman to elect whether these people must remain current. 18D1 "other pilots designated by the MEC Chairman under Section 18.A. 1.f., may elect" not to maintain currency." What happened to "Line Qualified" pilots and check and balance? Maybe you trust the current MEC, but do you know who's going to have this power in the future? SECTION 19 INVESTIGATION AND DISCIPLINE Section 19C redefines the length that an Advisory Letter or Discipline Letter can remain in a pilot's file or be used in consideration of disciplinary action. Our current contract limits the use of such a letter to: "up to 2 years after the receipt of the most recent letter of warning." The TA changes that limitation: Section 19C - "C. Consideration of Prior Disciplinary Action An Advisory Letter or a Disciplinary Letter (e.g., a letter of warning, suspension, or termination) may be used to establish that a pilot was given notice of a policy, procedure or work rule, and/or that discipline could result from future violations of such policy, procedure or work rule, no matter the date of issuance of such Letter." ... a pilot who receives such a letter may be haunted by it for the entire length of his employment at FedEx. A huge give back to the company who's recent history shows a propensity to prosecute the most minor infraction to the fullest extent of the current contract and company policy. SECTION 22 SENIORITY Did those of you who were hired under probation for a year enjoy that particular chapter of your career that you believe it should be extended for our new hires for an additional two to three months? SECTION 22 E1 -Probationary Pilots E. 1. "A pilot hired on or after February 28, 2011, shall be employed on a probationary basis on his DOH, and continuing for the first 365 days of accumulated active service as a pilot with the Company following the check ride/qualification event that establishes his base month for recurrent training/continuing qualification." SECTION 23 Non-Flying Employment Opportunities Section 23D states that: "a furloughed pilot may not work in a non- flying position with the Company at the same time that he is receiving furlough pay as provided in Section 23.E1." Our current contract states in Section 23.E5 that "If a furloughed pilot is offered and accepts non-flying employment with the Company, the total furlough to which the pilot is entitled shall be reduced by the compensation he received for his non-flying employment during the bid period(s) with respect to which the pilot in entitled to furlough pay, as provided in Section 23.E1" The translation? If the Company offers non-flying employment to a furloughed pilot he must purchase that position by giving up his furlough pay. He may, in the TA, delay employment until after he has received all his furlough pay, but I'm betting any offer from the Company will come with a time limit on the offer. Section 31 EFFECT ON PRIOR AGREEMENTS, EFFECTIVE DATE AND DURATION This section is probably the most important section we all need to read and understand. Starting with 31.A, it states that: "This Agreement is the full and complete agreement between the parties concerning rates of pay, rules and working conditions of the pilots." Section 31.B states: "Upon the effective date of this Agreement, all outstanding notices of reopening exchanged between the parties pursuant to Section 6, Title I of the Railway Labor Act, as amended are fully resolved." Despite what you may believe you have heard from the MEC or any person, this constitutes a "full and complete" contract - period. This closes all Section 6 negotiations. The term bridge is a misnomer. The MEC would have you believe that the day they decide to open negotiations again with the Company we start right where we left off. Read those two statements again along with this note in the letter to John Gustafson: RE: Midterm Discussions and Status of Administrative TA's in Future Section 6 Bargaining: "As will be set forth more formally in the duration clause, the effect of this new agreement will be that all outstanding Section 6 notices shall be without prejudice to either party serving future Section 6 notices on the same or similar topics, pursuant to the schedule set forth in the duration clause, and without prejudice to voluntary discussions between the parties outside the procedures of Section 6 during the term of this Agreement with respect to topics raised in prior Section 6 notices." Translation: Unless the Company, out of the goodness of their heart, agrees that any discussions we have in the interim, or any agreements reached on any sections are resolved, we start contract negotiations from the same point as we did in October 2010. The difference is we will have lost 2 years of momentum, most likely the Pro-Labor Administration and NMB we currently have and enter a time of negotiations having given up the ability to negotiate FDA, work rules, pay, retirement, discipline, per diem, and other very important sections during a time period when the Company is hiring to expand and replace retiring pilots as they will already have done that. Another thing to consider: If this TA is voted in, the membership has no future vote on whether we restart negotiations in 2012, or for that matter anytime in the future as the contract renews without change each year unless the MEC forces contract negotiations. I predict that if this TA is voted in, we will not have another contract for 4 years. That means our current contract, with a few small tidbits from the company, becomes a 9 year contract! There is no second chance to vote for new negotiations folks. This is it. Captain XXXX |
Originally Posted by PurpleTail
(Post 962954)
If this TA is voted in, the membership has no future vote on whether we
restart negotiations in 2012, or for that matter anytime in the future as the contract renews without change each year unless the MEC forces contract negotiations. I predict that if this TA is voted in, we will not have another contract for 4 years. That means our current contract, with a few small tidbits from the company, becomes a 9 year contract! There is no second chance to vote for new negotiations folks. This is it. Captain XXXX[/I] Wow, talk about spreading false information. This is beyond belief! There are some valid reasons to vote no for this TA as brought up by many on APC. But this is down right wrong. Is the factual information not enough for you? You really need to address the falsehoods you are putting into the discussion! :eek: |
I liked the Jetflyer article by the guy that thought we were going to strike if we didn't approve the TA. It was pretty funny. Really? Wouldn't that just put us in normal negotiations, just like where will be in one year anyway? Good stuff..
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Originally Posted by golfandfly
(Post 962976)
I liked the Jetflyer article by the guy that thought we were going to strike if we didn't approve the TA. It was pretty funny. Really? Wouldn't that just put us in normal negotiations, just like where will be in one year anyway? Good stuff..
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I personally would not have posted his name.
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Guys he may not have gotten everything right, but this section on mini-RLG and sick leave is pretty significant. I just re-read the TA and it looks like a pretty big giveback to me.
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Originally Posted by PurpleTail
(Post 962954)
SECTION 3D2 - International Override The international override pay remains the same even though the trips are now much longer and the introduction of the LRN Checklist (no longer named ETOPS LRN) duties have increased exponentially. [/I] For starters, the longer the trip the more hours of international override you accrue. Duh??? And secondly, there's nothing in the LRN checklist (International for dummies) that you shouldn't already be doing. Put down the USA today and pay a little attention next crossing. |
Originally Posted by FDX1
(Post 962970)
REALLY:confused:
Wow, talk about spreading false information. This is beyond belief! There are some valid reasons to vote no for this TA as brought up by many on APC. But this is down right wrong. Is the factual information not enough for you? You really need to address the falsehoods you are putting into the discussion! You claim this statement to be a falsehood but you do not explain what is false about it. What is so "down right wrong" with the above text? The math looks pretty accurate to me. If this Full 31 section TA (FDA LOA) passes in Mar'11, and in Mar'12 MEC decides (not you) that the 2nd year is exercised the new expiration date is Mar'13. Two years of negiatiations after that and then we will have our REAL full contract in the summer of 2015. So from 2006 (when our current contract went into effect) to 2015 is 9 YEARS!!!! :confused: Not sure what your missing, or are you still staring at that 3% raise :p |
O.K. Purpletail I'll explain:
1)"If this TA is voted in, the membership has no future vote on whether we restart negotiations in 2012, or for that matter anytime in the future as the contract renews without change each year unless the MEC forces contract negotiations." SS has explained numerous times that he views this as a 12 month deal with an optional 12 month extension. No where can you show me language that the contract will "renew without change each year unless the MEC forces contract negotiations". This TA is only good for the next 12 months and then we can be in Section 6 negotiations if WE choose. That is an amendable date of FEB 2012! BUT if we decide to take the next 3% raise based on whatever for 12 more months then we have an amendable date of FEB 2013! THAT'S IT. That my friend doesn't require anyones vote. Not you, me, the MEC, or the Company! This is not a contract in perpetuity like the letter falsely proclaimed. 2) "I predict that if this TA is voted in, we will not have another contract for 4 years. That means our current contract, with a few small tidbits from the company, becomes a 9 year contract! There is no second chance to vote for new negotiations folks. This is it." This TA will become your "new contract", call it a bridge, a bandaid, whatever it is a "new contract". Meaning new start date, and an amendable date. It's the entire contract, not bits and pieces. It doesn't matter what sections were changed or not. So this can be a 1 year or a 2 year contract! How long the next negotiation takes is up to us. So how you get 9 year contract is beyond me. Do you mean it will take 7 YEARS of NEGOTIATIONS after this contract is amendable to sign a new contract? How do you come to that conclusion, past history? That wont help your argument there will it? Basically you are forwarding a very extreme, even unfathomable statement. So if you say 9 year contract, well then I think we have a 1 year and 9 day contract! Yep 9 days to complete an entire re-write of our Contract...every section even the stuff on Management Pilots! Pretty outrageous wouldn't you agree? Well that's how this letter from Captain Thometz reads, like someone out of touch with the reality of the TA and the positives and negatives that are clear enough for each of us to understand and discuss. But how can you have an honest discussion when the facts are so distorted or misinterpreted by you with your post? I can have an open and honest discussion if you want to talk about the 6% raise or the monthly housing allowance for the FDA or the per diem rates or anything else that is part of this TA, not innuendo, falsehoods, and far flung scenarios. So that is what is "down right wrong" with this section of his letter! Sorry but words matter and the facts are important. We're all intelligent enough to discuss the finer points on either side of this TA, but lets try not to distort the issues. |
Facts Not Fiction
This guy was at the afternoon hubturn meeting that I attended. He had placed a double sided yellow sheet of paper in each chair with most of these same points. Once the meeting started he tried to dominate it by trying to promote some of these abstract questions. I specifically remember the one about the "mini-RLG" and how we have given back the use of sick leave on reserve. The NC specifically stated that this does not apply to "R" lines, only to a "mini-RLG" that you could receive on a custom or secondary line. They said this is the current practice that we have been living under the current CBA. He was given the "FACTS" last week yet is still spewing this misinformation. I am all for listening to different opinions and learning more but when you try to stir the pot with misinformation you really have to question a persons credibility. I guess there is a reason that the National Enquirer still sells magazines.
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