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-   -   3B4 Kiss at midnight (https://www.airlinepilotforums.com/delta/92488-3b4-kiss-midnight.html)

Abouttime2fish 01-17-2016 05:45 AM

.02%.....that will get me one happy hour domestic draft per month when the Capt's not buying.....

notEnuf 01-17-2016 06:24 AM


Originally Posted by Maddogflier (Post 2048842)
I hope are reps are smart enough to not file a grievance that has no merit. First off I suspect you are talking about past practice not status quo. To try and use status quo to make a case the company can't award raises to other employees is so far beyond stupid as to be laughable.
If you mean past practice that is a term that covers grey areas in the contract. 3b4 is not a grey area. The company at one time gave Christmas bonuses. They are not in the contract so you can't as a matter of past practice demand them every year. The same applies to the shared rewards program. The raise was 1 Dec and per specific language a 3b4 review was triggered and the contract followed.
If you could somehow claim that past practice applies to areas in the contract that are plainly spelled out you run into the issue of the fact that the companies past practice has in fact been to award non contract employees a raise when a pilot TA has been reached. Contract 2012 being the most recent example.
What we need to be talking about is how to get the company back to the negotiating table because I have news for you. They aren't coming! That is where are focus needs to be.

I'm glad you read the specific language. I am willing to wait until April 1 to file the grievance because if UAL passes their TA, we will be due 9.25%. If you read it you know what I'm talking about. (that will be without a single concession)

Scoop 01-17-2016 06:59 AM


Originally Posted by notEnuf (Post 2048893)
I'm glad you read the specific language. I am willing to wait until April 1 to file the grievance because if UAL passes their TA, we will be due 9.25%. If you read it you know what I'm talking about. (that will be without a single concession)


I am not sure about this. 3B4 consists of two parts:

1. A triggering event - a raise to other employees.
2. An industry comparison. Used to be with a few airlines, but due to mergers just looks at some kind of blended 757 CAPT rate with UAL and AMR.

If UAL passes their TA we will definitely be behind UAL and AMR in pay-rates but we still need a triggering event.

I read the language and it talks about a rolling 18 month window. IMHO this is the problem - loose contractual language that is not clear. We can argue that the 01DEC15 raise to the non-contracts is the trigger but the company will certainly argue that it is not a trigger.

I personally think us winning a 3B4 is a crap-shoot at best, and certainly not a fait accompli.

Scoop

Denny Crane 01-17-2016 07:22 AM


Originally Posted by Scoop (Post 2048905)

I personally think us winning a 3B4 is a crap-shoot at best, and certainly not a fait accompli.

Scoop

I suspect you are correct but I think we should "press to test."

Denny

PS. Off topic but what a heck of a game last night!

Maddogflier 01-17-2016 07:26 AM


Originally Posted by notEnuf (Post 2048893)
I'm glad you read the specific language. I am willing to wait until April 1 to file the grievance because if UAL passes their TA, we will be due 9.25%. If you read it you know what I'm talking about. (that will be without a single concession)

What triggering event per the contract would cause a 3B4 review in April? If the company hands out a pay raise on 1 APR (doubtful) then yes a review will again occur. We would not get more then the general pay raise however. What I suspect you will see is no raise in 16 and the standard 3 or 4% in 17. We would then get the same 3 or 4%.

3B4. If, during any consecutive rolling 18-month period, the Company grants an across-the- board increase in base pay rates to non-pilot U.S.-based workgroups covering 30% or more of its non-pilot U.S.-based workforce, then a review of pilot composite hourly rates will be triggered. If, as a result of that review, it is determined that, as of the date the review was triggered, the Delta top-of-scale 757 Captain composite hourly rate is less than 100% of the average of the top-of-scale 757 Captain hourly domestic day rates at United and American, the pilot composite hourly rates will be increased (except as provided in Section 3 B. 4. Note). The amount of increase will be the lesser of the percentage difference between the Delta top-of-scale 757 Captain composite hourly rate and 100% of the top-of-scale average 757 Captain hourly domestic day rates at United and American, or the average percentage increase (except as provided in Section 3 B. 4. Note) granted to the non-pilot U.S.-based workgroups of the Company. Any percentage increase due the pilots will be effective as of the date of the increase that triggered the review. Note: Base pay rates for non-pilot U.S. – based workgroups will only be considered to have increased to the extent they exceed the rates in effect on July 1, 2012. Should an increase for non-pilot U.S.-based workgroups exceed the base pay rates in effect on July 1, 2012, then only the percentage by which such an increase exceeds the applicable July 1, 2012, base pay rates will be considered in the calculation of the percentage increase that may be applied to pilot composite hourly rates.

Check Essential 01-17-2016 07:57 AM

We can debate online about status quo and 3B4 and grievances and triggering events all day long but I think the only triggering event that really matters is going to occur if and when John Malone decides that the company is not bargaining in good faith.
The new MEC administration has rightfully been very low key so far. Now that negotiations have resumed we should know in relatively short order whether management is serious about reaching an agreement within an acceptable timeline or whether they plan to use the RLA and the NMB to stall and put us "on ice".
If they do that then I expect this MEC and MEC Chairman to put a 500 pound bomb under the notion of constructive engagement and destroy for all time the Moakist labor relations philosophy of "cooperation not confrontation".

I think there are about 13,000 guys who would be prepared to march on Virginia Avenue and drop our backpacks right in front of Richard's office.
We've been carrying this airline for 10 years by sacrificing financially and going "above and beyond" out on the line operationally. I think Richard and Ed might be in for a rude awakening if they openly disrespect this pilot group when the corporation is rolling in cash and everybody is getting rich but us.

notEnuf 01-17-2016 08:41 AM


Originally Posted by Maddogflier (Post 2048915)
What triggering event per the contract would cause a 3B4 review in April? If the company hands out a pay raise on 1 APR (doubtful) then yes a review will again occur. We would not get more then the general pay raise however. What I suspect you will see is no raise in 16 and the standard 3 or 4% in 17. We would then get the same 3 or 4%.

3B4. If, during any consecutive rolling 18-month period, the Company grants an across-the- board increase in base pay rates to non-pilot U.S.-based workgroups covering 30% or more of its non-pilot U.S.-based workforce, then a review of pilot composite hourly rates will be triggered. If, as a result of that review, it is determined that, as of the date the review was triggered, the Delta top-of-scale 757 Captain composite hourly rate is less than 100% of the average of the top-of-scale 757 Captain hourly domestic day rates at United and American, the pilot composite hourly rates will be increased (except as provided in Section 3 B. 4. Note). The amount of increase will be the lesser of the percentage difference between the Delta top-of-scale 757 Captain composite hourly rate and 100% of the top-of-scale average 757 Captain hourly domestic day rates at United and American, or the average percentage increase (except as provided in Section 3 B. 4. Note) granted to the non-pilot U.S.-based workgroups of the Company. Any percentage increase due the pilots will be effective as of the date of the increase that triggered the review. Note: Base pay rates for non-pilot U.S. – based workgroups will only be considered to have increased to the extent they exceed the rates in effect on July 1, 2012. Should an increase for non-pilot U.S.-based workgroups exceed the base pay rates in effect on July 1, 2012, then only the percentage by which such an increase exceeds the applicable July 1, 2012, base pay rates will be considered in the calculation of the percentage increase that may be applied to pilot composite hourly rates.

Reread the first post on this thread. The PAFCA contractual raise is rumored to be April 1.

Maddogflier 01-17-2016 09:18 AM


Originally Posted by notEnuf (Post 2048955)
Reread the first post on this thread. The PAFCA contractual raise is rumored to be April 1.

I don't think 100 dispatchers will be 30% of the US workforce.

Check Essential 01-17-2016 11:28 AM


Originally Posted by Maddogflier (Post 2048971)
I don't think 100 dispatchers will be 30% of the US workforce.

That's what the rolling 18 months is there for. Keeps the company from granting raises to less than 30% at different times to avoid 3B4.
Whenever they grant a raise it triggers an 18 month look back to see if 30% have received raises. They certainly will meet that threshold.

The question will be whether a previously agreed to contractual increase constitutes "granting an across the board increase".

Timbo 01-17-2016 11:49 AM


Originally Posted by Denny Crane (Post 2048912)
I suspect you are correct but I think we should "press to test."

Denny

PS. Off topic but what a heck of a game last night!

Yeah, those Pats are AWESOME, hu?:D

Oh that Tom Brady, instant Humma.

BUT...what about Seattle? I heard they got a call from Crew Scheduling at half time because they failed to show up at sign in?:rolleyes:


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