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Old 05-08-2012, 10:26 AM
  #41  
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Thanks for that post explaining the situation. I'm better educated now on the subject. Good luck to you guys!
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Old 05-08-2012, 12:23 PM
  #42  
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Originally Posted by Nightflyer View Post
Alaskan, I think many of us on this board would appreciate it if you kept us up to date on any significant findings or actions regarding this situation.

Thanks!
Will do, Nightflyer.

Meanwhile, an observation: it's well past time for ALPA and its members to commit to screening all future agreements for compliance with all anti-discrimination laws. Quite frankly, the FDX LOA should not have been submitted for approval with its existing language re married pilots and the HA, nor should 68% of membership have voted "yes" to approve it.

Presumably ALPA would not have asked membership to approve an agreement that set different requirements for xxx pilots than for xxx ones (insert any of the following: white, black, female, male, Jewish, Christian, LDS, Hispanic, Asian, etc.). That sort of disparate treatment would violate federal law. But there are also state and local laws adding protection for gay v. straight employees, married v. single employees, and employees with and without minor children. Employers like FDX have to abide by such laws so why would the union or membership want to negotiate them away?

There's no point arguing over who's to blame for this, but it should never happen again. No contract that violates federal, state, or local anti-discrimination laws should ever get beyond preliminary negotiations. Maybe there needs to be a committee to ensure future CBAs and LOAs get this kind of screening?
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Old 05-08-2012, 02:08 PM
  #43  
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Originally Posted by Alaskan View Post
Will do, Nightflyer.

Meanwhile, an observation: it's well past time for ALPA and its members to commit to screening all future agreements for compliance with all anti-discrimination laws. Quite frankly, the FDX LOA should not have been submitted for approval with its existing language re married pilots and the HA, nor should 68% of membership have voted "yes" to approve it.

Presumably ALPA would not have asked membership to approve an agreement that set different requirements for xxx pilots than for xxx ones (insert any of the following: white, black, female, male, Jewish, Christian, LDS, Hispanic, Asian, etc.). That sort of disparate treatment would violate federal law. But there are also state and local laws adding protection for gay v. straight employees, married v. single employees, and employees with and without minor children. Employers like FDX have to abide by such laws so why would the union or membership want to negotiate them away?

There's no point arguing over who's to blame for this, but it should never happen again. No contract that violates federal, state, or local anti-discrimination laws should ever get beyond preliminary negotiations. Maybe there needs to be a committee to ensure future CBAs and LOAs get this kind of screening?
I thought that's why we have lawyers reviewing the contract/LOA? You would hope they would be familiar with federal/state laws. Maybe that's to much to ask
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Old 05-08-2012, 02:32 PM
  #44  
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Originally Posted by Alaskan View Post
Maybe there needs to be a committee to ensure future CBAs and LOAs get this kind of screening?
>>I thought that's why we have lawyers reviewing the contract/LOA? You would hope they would be familiar with federal/state laws. Maybe that's to much to ask<<

Out west, near Hawtch-Hawtch,
there’s a Hawtch-Hawtcher Bee-Watcher.
His job is to watch…
is to keep both his eyes on the lazy town bee.
A bee that is watched will work harder, you see. Well…he watched and he watched.
But, in spite of his watch,
that bee didn’t work any harder. Not Mawtch.
So somebody said,
“Our old-bee-watching man
just isn’t bee-watching as hard as he can.
He ought to be watched by another Hawtch-Hawtcher!
The thing that we need
is a Bee-Watcher-Watcher!”
WELL…
The Bee-Watcher-Watcher watched the Bee-Watcher.
He didn’t watch well. So another Hawtch-Hawtcher
had to come in as a Watch-Watcher-Watcher!
And today all the Hawtchers who live in Hawtch-Hawtch
are watching on Watch-Watcher-Watchering-Watch,
Watch-Watching the Watcher who’s watching the bee.
You’re not a Hawtch-Watcher. You’re lucky, you see!
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Old 05-08-2012, 02:53 PM
  #45  
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Originally Posted by trashhauler View Post
I thought that's why we have lawyers reviewing the contract/LOA? You would hope they would be familiar with federal/state laws. Maybe that's to much to ask
Another reason for professional negotiators and better lawyers than ALPA can provide. A specialized labor law firm is what is needed and has been needed for a long time.
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Old 05-08-2012, 03:07 PM
  #46  
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Why would you expect that an LOA would comply with local/state/federal labor laws. Come on, something like that would NEVER get through FedEx/ALPA labor relations attorneys!*?
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Old 05-08-2012, 05:54 PM
  #47  
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Reading the LOA, it doesnt seem that any laws are violated. But when you throw in the Companies interpretation, you run into problems.

On another note; I talked to one of the fired yesterday. He says that our Grievance Chair is the one that signed off, for ALPA, on the Companies termination language of our guys out there. If true, pathetic. Now the Union is acting like they are doing all they can for our guys. Maybe. But, they should have been all over this stuff from the beginning of the investigations. To me, the politics and reactive position is unacceptable. There has been no pro activity since day 1 of the FDA LOA.
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Old 05-08-2012, 05:59 PM
  #48  
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Can you explain what he signed off on? I am confused.
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Old 05-08-2012, 09:51 PM
  #49  
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I highly doubt the company asked anyone at ALPA to "sign off" on the ridiculous termination letters (I've seen two out of four). AFAIK, CB's only role towards the end was to try to negotiate settlements. The company's offers weren't even in the same zip code as the ballpark.

Again, I can forgive myself and ALPA for not having noticed that the LOA could be twisted to empower a greedy company to treat married and single pilots differently. Fool me once and all that. Pointing fingers won't fix anything and uses energy better devoted to undoing the damage and ensuring the company never gets to do this again.
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Old 05-09-2012, 08:44 AM
  #50  
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Originally Posted by Alaskan View Post
I highly doubt the company asked anyone at ALPA to "sign off" on the ridiculous termination letters (I've seen two out of four). AFAIK, CB's only role towards the end was to try to negotiate settlements. The company's offers weren't even in the same zip code as the ballpark.

Again, I can forgive myself and ALPA for not having noticed that the LOA could be twisted to empower a greedy company to treat married and single pilots differently. Fool me once and all that. Pointing fingers won't fix anything and uses energy better devoted to undoing the damage and ensuring the company never gets to do this again.
They won't "get to do this", this time. In fact, I think this is going to blow up in their face. I think it is going to go very public and very viral. All the former "Top 100 Companies to work for" accolades will be wiped out, and many other torrid situations and dealings will come to public light. And maybe.....just maybe, Draconian Mgrs will be held accountable for what they have wrought. JMHO
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