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Originally Posted by GunshipGuy
(Post 1689482)
I don't feel entitled and I don't think you're insulting me. But I do believe that a pilot, regardless of when he or she came on property, should be able to voice their satisfaction or displeasure with what our representatives are seeking (in the form of TAs and PWAs) on our behalf as a pilot group. We are one and should speak as one voice. Limits on what some are allowed to speak to from the group as to what that one voice speaks to, IMO, should not determined by a segment who feels their voice is more important and can silence others because of their time on property. If that were the case our own FO representative for my LEC would have to sit there with his mouth closed and sit on his hands when the topic (restoration) came up between him and my other reps (not that it does).
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Originally Posted by DeadHead
(Post 1689534)
Anyone been to a PUB event?
Down in Mecca for training and thinking of checking it out tomorrow night. The training PUBs are great events. The hotel has a managers special with free food/drinks from 5-6 and then ALPA takes over from 6 until 8:30 or 9ish. Usually an assortment of MEC admin folks, committee guys and some volunteers on hand to take feedback and answer questions. There are usually anywhere between 25-40 pilots there at any given time. It's a nice chance to mix it up with pilots from other bases/aircraft as well as some good face-to-face interaction with DALPA. A fun side game is "guess the APC screen name". :D Highly recommended, especially if you're already staying in that hotel anyways. For the other 2 hotels it's just a quick walk across VA Ave. |
Pretty good stuff from the Council 20 meeting, emphasis mine:
--------------------------------------- Contract 2015 Rumors. The MEC hasn’t had any discussions about C2015 topics or priorities. Reducing Profit Sharing. The “public” debate about this seems to revolve around trading pay rates for Profit Sharing. This rumor could have originated or been bolstered by charts which have existed for some time and were recently included in the Contract History, which compare 2004 777 pay rates with 2014 777 pay rates with, and without recent profit sharing components. Perspective: After decades of working agreements with profit sharing components that paid little or nothing, we believe that reducing profit sharing during a time of record profits with prospects for the trend to continue, especially considering the “restructured” industry environment and Delta’s drastically reduced debt and improved efficiencies and performance, is a bad idea. Furthermore, the pilot group has invested a significant amount in concessions over the past 10 years, and we consider any profit sharing to be our “dividend” for that investment. It would have been more constructive, and potentially perceived as more balanced, if some type of inflation-adjusted chart relative to the 2004 pay rates were also included. “Pay Banding”. This is the “banding” of several categories’ pay rates into common bands or groupings. For example, UAL negotiated this type of scheme into their joint contract with the top band consisting of the 767-400 up through the 747-400 (same pay rates). Perspective: The downside to Pay Banding is position bidding stagnation, which is exacerbated by long potential freezes, for all, including many who are late in their careers with a limited number of moves remaining after waiting 10-15 years for upward movement to finally begin again. While there may be ways to carefully transition to pay banding and offset the negative consequences, they may likely include parameters about which the Company has little interest. Sick Leave. We continue to hear from many (unofficial) sources that the Company is not happy with our current sick leave language. Apparently they believed that the current policy with the increased number of hoops to jump through, along with mandated more aggressive involvement by supervisory personnel and a dedicated sick leave management department, would discourage pilot sick calls. As it’s turning out, our aging pilot group still gets sick and completes the necessary processes to comply with the Company’s application of the PWA language and additional extra-contractual Company policies. Perspective: Compared to other airlines with large sick leave banks, the Company’s exposure to extended sick events is limited to three to four months before their component of a pilot’s pay is reduced to (likely less than) 50% compared to long term banked sick leave. It is disappointing that after sometimes decades of service, in just three or four months, a pilot must face a 10-15% real pay reduction (at best) when they are forced “off payroll” into disability augmented with DPMA (when available) when faced with the serious medical challenges which are only more likely to occur with age. “Following the ‘time honored’ process”. Ultimately the MEC will need to be extremely vigilant during this round of negotiations that: Ø MEC direction is followed. Ø It’s clear what that direction is. Ø The direction is given in a formal, explicit process rather than an implied, passive process. Ø The actual proposed PWA language is available for review and there’s time to review it. Ø Significant contract parameters (like pay rates) are specifically briefed prior to a TA being reached. Ø There are no contrived threats constructed to create false deadlines. Ø The membership gets all the info about any deal, including the good, the neutral, and the bad; attempting to create an impression that no part of a potential agreement is anything less than awesome will hurt the credibility of the process and the result. Ø The MEC is not intimidated to not recommend any result that doesn’t accomplish any of the above or one that’s simply not satisfactory. Clearly, some of these process problems existed in C2012, contrary to the prevaricating, semantics, straw man building, and factual obfuscation that has recently been revived in “public” commentary from a couple of those key to the failure of the TA endgame, review and recommendation process, if not the final democratic exercise by the membership. ------------------------------------------- Carl |
Originally Posted by tsquare
(Post 1689208)
OK everybody, get your defibrillators ready. Carl is right about this... sort of. ACL, you are hiding behind legal technicality. What SHOULD be happening is that the lawyers should have the grievance documentation drawn up, and should file it within 10 seconds of the moment that the company is (legally) out of compliance. They should also let the judge know that this paperwork will be inbound so that he can make a ruling as soon as possible. There need be no study. There need be no debate. There need be no committee meetings after that moment. File it. Immediately.
I suggest a stronger voltage on the defibrillators. |
Originally Posted by Carl Spackler
(Post 1689252)
I have read the PWA, you're making excuses for management and against the jobs of Delta pilots. Here's the PWA:
Section 1. P. 4 "...The baseline EASK allocations are 50% for DL and 50% for AF/KL/AZ... ...In the case of the rolling three- year measurement periods ending March 31, 2014, and thereafter, the Company shall be required to maintain no less than 48.50% (Company’s baseline EASK allocation minus 1.50%) of the total EASK capacity subject to the provisions of Section 1 P. 6." Section 1. P. 6 "If the Company is not in compliance with the minimum EASK capacity allocation under Section 1 P. 4. for any measurement period, the Company will cure any such breach by increasing the number of DL EASKs or decreasing the number of AF/KL/AZ EASKs to return the Company’s EASK capacity share to compliance with the minimum EASK allocation under Section 1 P. 4. for the then current rolling three-year measurement period. Example: If the Company’s EASK capacity share is out of compliance with its minimum EASK allocation for the three-year measurement period ending March 31, 2014, then the Company will return its EASK capacity share to compliance with its minimum EASK allocation for the three year measurement period ending March 31, 2015." Note the bolded above? "If the company is not in compliance"? After April 1 of 2014, the company is out of compliance with our PWA as stated by our PWA. We're now in the "cure" period for the company to become compliant. If they're not in compliance by March 31, 2015, they'll be in violation of the contract. Not just non-compliant with it, but in violation of it. I just cannot imagine why I'm having to say this instead of DALPA. Worse yet, we have an active rep like you purposely mischaracterizing the meaning of the plain written word in a way that favors the company and hurts the jobs of Delta pilots. I would expect that from management, but it's depressing to see this behavior from a rep. Carl Lets try this again Carl. Contractual compliance or non-compliance goes farther than just compliance with the EASK balance listed in the PWA. As you have dutifully copied here, in the PWA, there is a measurement period of three years, that is date defined. Compliance or -non-compliance of the metric that was agreed to, determines not a PWA violation but if the secondary provision of a cure period is triggered. As you and I are totally aware of, the "company" is below the compliance band, (do not have the exactly number) as it was measured at the end of March 2014, and as a result the cure period as mutually agreed to many moons ago is triggered. Non-compliance of the EASK balance at the end of the measurement period does not equate to a contractual violation. As you read there is directive language in the fact that the company "will" return to compliance in the one year cure. If that does not happen, and at the end of this period, and only then is there a violation of the PWA by the "company." I know you know this, but you cherry pick what suits your purpose. Any contract that has a remedy clause in it, with a date specific period, results if the party that has the damages having to wait to file claim until that remedy period is over. It is the same on any contact, labor agreements or otherwise. |
Originally Posted by Dash8widget
(Post 1689262)
So, you're saying that the company was in compliance with the PWA at the end of the three year measurement period? Yes or no?
If the answer is yes, then all is good and there is no need for the one year cure period. If the answer is no, then, by definition, a non-compliance exists. Plain and simple. I do agree that a grievance would be premature at this point since our contract generously gives the company one year to get back in compliance. Make no mistake though - just because the contract gives them one year to fix the violation does not mean that a "non-compliance" did not exist. Just because we want the violation and grievance to be filed now does not mean that it will be correct or legally admissible buy a judge, or arbitrator. As far as they will be concerned, no violation will have occurred and the grievance will be turned down without merit. |
Originally Posted by Gearjerk
(Post 1689276)
Ditto. This mantra should be "stickied" (yes, I know that's not a word) to every D-ALPA communication from now until April 1st, 2015.
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Originally Posted by Carl Spackler
(Post 1689487)
No acl, it is you that is purposely "missing the point." The fact that their compensation data (that is freely available) is "just one part of it" is meaningless. Nobody has ever said their compensation was the entire part. Their other "parts" are available too, but we were talking about compensation.
I didn't have to agree to anything. I just went on to Google. ALPA could have just done that too, but they were looking for a way NOT to put that data into the contract comparisons. They found their excuse by claiming they had to agree not to publish it...in order to see it. Why our union actively looks for reasons to make us look better than we are is a mystery...sort of. I've not read any such thing. Please post any such statement from ALPA. Carl |
Originally Posted by acl65pilot
(Post 1689577)
Lets try this again Carl. Contractual compliance or non-compliance goes farther than just compliance with the EASK balance listed in the PWA. As you have dutifully copied here, in the PWA, there is a measurement period of three years, that is date defined. Compliance or -non-compliance of the metric that was agreed to, determines not a PWA violation but if the secondary provision of a cure period is triggered.
As you and I are totally aware of, the "company" is below the compliance band, (do not have the exactly number) as it was measured at the end of March 2014, and as a result the cure period as mutually agreed to many moons ago is triggered. Non-compliance of the EASK balance at the end of the measurement period does not equate to a contractual violation. As you read there is directive language in the fact that the company "will" return to compliance in the one year cure. If that does not happen, and at the end of this period, and only then is there a violation of the PWA by the "company." I know you know this, but you cherry pick what suits your purpose. Any contract that has a remedy clause in it, with a date specific period, results if the party that has the damages having to wait to file claim until that remedy period is over. It is the same on any contact, labor agreements or otherwise. |
[QUOTE=Carl Spackler;1689505]I wasn't here then. Neither were you. Can you answer your own question...truthfully?
Carl, I was not here, but it does not mean that those that were here that current do ALPA work and those that currently do not do ALPA work told me exactly what happened with them. I could ask you, do you work at Air France, do you really know what they make? Sounds absurd eh? One of the biggest fallacies around is that only ALPA and Seham are qualified to write labor contract language. The sad truth is that there are many great law firms that could do this. ALPA will only outsource to one firm, and that firm is either incompetent or complicit with airline management to write language that can't be defended. It's a mess. Carl |
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