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Old 04-05-2020 | 07:37 AM
  #31  
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Originally Posted by sailingfun
Anything can go away in bankruptcy. If AMR, UAL or DL want to force pilot concessions none of them need to file for reorganization. All 3 contracts are amendable.
Ok sailing, you stated this a couple weeks ago and I'll admit I have spent more than a few hours researching what you are trying to get at by continually stating that they can do what they want because we are past our amendable date. I will admit I am not a lawyer, especially a labor lawyer, and you very well may be one but I have found nothing that supports your claim that management has some special power because we are past our amendable date. Matter of fact we have an amendable date, instead of an expiration date, on our contract to ensure continued service because we fall under the RLA as you well know.

So what I did find is that the government has released an airline management one time to self help BEFORE exhausting all the necessary steps in the RLA for contract negotiations only because the union of the airline had lost control of it's members and the self help was only to the extent to keep the airline running not a carte blanche to destroy the contract. So since none of that is happening here that puts us back into the normal routine of mediation, arbitration, cooling off period and eventually a PEB and probably some sort of executive order making both sides continue to work because of the circumstances going on int the world.

So maybe you can enlighten the rest of us the special power you are reading about in the RLA or law that will allow management to do what you say they can do because I can't find it. Not saying it's not there just saying I haven't been able to find any support for what you are saying.
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Old 04-05-2020 | 08:37 AM
  #32  
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Originally Posted by Lifeisgood
It now has been more than a week ago, but when American first offered early retirement I bumped into one of their pilots who was taking the offer.
He said that the original wording of the offer as it came from AA management was a copy of “what Delta is offering to their pilots”.

I don’t know what to think about it. Maybe delta management discussed it behind closed doors and somehow it got out (among the top level brass of the industry) while it was yet never offered to Delta pilots?
I think delta management thought we would just roll over and work for free. Well guess what, NOT GUNNA HAPN!
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Old 04-05-2020 | 10:35 AM
  #33  
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Originally Posted by sailingfun
Anything can go away in bankruptcy. If AMR, UAL or DL want to force pilot concessions none of them need to file for reorganization. All 3 contracts are amendable.
Amendment is by mutual agreement and closing section 6, that ain’t happening. When do you think we will close a comprehensive agreement? We are now on a pause and can’t meet with the mediator. Do you think they will release us soon?
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Old 04-05-2020 | 01:39 PM
  #34  
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Originally Posted by DALMD88FO
Ok sailing, you stated this a couple weeks ago and I'll admit I have spent more than a few hours researching what you are trying to get at by continually stating that they can do what they want because we are past our amendable date. I will admit I am not a lawyer, especially a labor lawyer, and you very well may be one but I have found nothing that supports your claim that management has some special power because we are past our amendable date. Matter of fact we have an amendable date, instead of an expiration date, on our contract to ensure continued service because we fall under the RLA as you well know.

So what I did find is that the government has released an airline management one time to self help BEFORE exhausting all the necessary steps in the RLA for contract negotiations only because the union of the airline had lost control of it's members and the self help was only to the extent to keep the airline running not a carte blanche to destroy the contract. So since none of that is happening here that puts us back into the normal routine of mediation, arbitration, cooling off period and eventually a PEB and probably some sort of executive order making both sides continue to work because of the circumstances going on int the world.

So maybe you can enlighten the rest of us the special power you are reading about in the RLA or law that will allow management to do what you say they can do because I can't find it. Not saying it's not there just saying I haven't been able to find any support for what you are saying.
Its quite simple. Once you are in mediation either side can ask the mediator for release to self help. If the mediator grants release the company can impose a contract and the union is free to strike. Guys have posted the company would never due that but then post the company will file chapter 11 to void our contract. I think option one is far more likely if we don’t get a reasonable rebound in revenue by the end of the year. This exact thing happened at NWA with the mechanics. The mediator granted release and NWA imposed terms significantly worse than their table position. The mechanics struck and we all know how it turned out.
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Old 04-05-2020 | 01:46 PM
  #35  
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Originally Posted by notEnuf
Amendment is by mutual agreement and closing section 6, that ain’t happening. When do you think we will close a comprehensive agreement? We are now on a pause and can’t meet with the mediator. Do you think they will release us soon?
I have no idea what your trying to say. If the mediator grants release which either side can request we are free to strike and the company is free to impose a contract.
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Old 04-05-2020 | 01:53 PM
  #36  
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Originally Posted by sailingfun
I have no idea what your trying to say. If the mediator grants release which either side can request we are free to strike and the company is free to impose a contract.
Zero percent chance that happens anytime in the next few years and you know it. Stop the FUD on this topic; we already have enough as it is.

And irregardless of that non-issue, if there isn't a massive increase in revenue from present levels soon (even if its still much lower than before) management self help won't come close to providing any relief of any significance anyway. Doing that because Ch11 isn't viable because there's not enough revenue means an imposed contract is also in the same revenue environment and the difference between the two would be maybe days til liquidation anyway.

Empty threat. Call their bluff.
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Old 04-05-2020 | 01:55 PM
  #37  
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Originally Posted by sailingfun
I have no idea what your trying to say. If the mediator grants release which either side can request we are free to strike and the company is free to impose a contract.

A lot of dominos have to fall for that to happen.


http://www.pennfedbmwe.org/Docs/refe...implified.html
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Old 04-05-2020 | 01:56 PM
  #38  
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Originally Posted by sailingfun
I have no idea what your trying to say. If the mediator grants release which either side can request we are free to strike and the company is free to impose a contract.
From the company that pulled SILs due to the “unfairness” of them I doubt they’d be willing to take that plunge.

But please, keep peddling the liquidation and self help nonsense.
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Old 04-05-2020 | 02:05 PM
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Originally Posted by Gooner
From the company that pulled SILs due to the “unfairness” of them I doubt they’d be willing to take that plunge.

But please, keep peddling the liquidation and self help nonsense.
Never pedaled liquidation. The only reference I have made to that is people stating the company will file chapter 11. I have simply pointed out if it comes to that revenue has not returned and a reorganization is unlikely. Chapter 11 works when a corporation has a solid revenue stream but a debt problem. It does not work when the problem is revenue of which we currently have virtually none. I have also repeatedly stated I don’t think it will come to that as I expect revenue to start bouncing back in the fall. If it does not rebound I fully expect the company to file for release. We will then have to convince the mediator the company does not have the need and if that fails convince the company we can pull of a successful strike if they impose.
Come near the end of summer without good indications of a return in revenue occurring our union needs to start planning and preparation for a imposed contract. To do otherwise would be simply stupid. That means a solid education campaign and a strike vote at the appropriate time.
I do find it interesting that many posters here think the company will play nice based on the history of their posts. It’s funny in a way that I am the one who thinks they will get nasty!

Last edited by sailingfun; 04-05-2020 at 02:26 PM.
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Old 04-05-2020 | 02:33 PM
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Originally Posted by sailingfun
Never pedaled liquidation. The only reference I have made to that is people stating the company will file chapter 11. I have simply pointed out if it comes to that revenue has not returned and a reorganization is unlikely. Chapter 11 works when a corporation has a solid revenue stream but a debt problem. It does not work when the problem is revenue of which we currently have virtually none. I have also repeatedly stated I don’t think it will come to that as I expect revenue to start bouncing back in the fall. If it does not rebound I fully expect the company to file for release. We will then have to convince the mediator the company does not have the need and if that fails convince the company we can pull of a successful strike if they impose.
Come near the end of summer without good indications of a return in revenue occurring our union needs to start planning and preparation for a imposed contract. To do otherwise would be simply stupid. That means a solid education campaign and a strike vote at the appropriate time.
This is all your opinion of what could happen. Yes it could.............but, IMO, in the scenario we are in it is very highly unlikely the NMB will release the parties to self help. Currently there are NO negotiations going on because the mediator has been barred from conducting them because of COVID19 concerns. To think that the NMB will release the parties to self help when no negotiations between the parties have taken place is flat out ridiculous.

Planning is another story. It is always good to have a plan but the likelihood of having to implement that plan is slim and none.

Denny
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