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FedEx ALPA DFR Lawsuit revisited

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Old 09-16-2020, 05:14 AM
  #1  
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Default FedEx ALPA DFR Lawsuit revisited

The Lawsuit website is no longer available. But this is essentially a repost from 4+ years ago.

For those who don't know, Don Ray was one of the individuals who Recommended a NO vote on TA2015, and there was Union comm published, emails sent directly to their respective Block Members. And a Big Red NO column on our website where they were conveniently located for anyone to view. Also, posted here and in JF.
As a comparison, this is the verbiage copied from Don Ray's Union Coms compared to the Lawsuit.
Adding in a Kronan's Opinion, for easier following.

Don Ray, 9/24/15 payslope

Does the DOS (date of signing) pay rate increase of 10% account for for 3% year over year increases since March of 2012, as described to you and your MEC?

No. Even though a 3% year over year slope is considered to be the bare minimum, it wasn't met. To substantiate the claims made in the video clip above, the DOS increase should have been just over 11.4% - not the 10% DOS increase contained in this TA, and certainly not 8% as mentioned in the video. In the 2010 'Bridge' TA you got 3% year over year raises while the economy was falling apart. Not meeting that minimum slope this time as claimed will cost you approximately $92 million.”



Lawsuit

“ 1) Pay rates - ALPA misrepresented that we needed only an 8% pay rate raise on November 2, 2015 to equal a 3% slope from our last pay raise in March 2012, and that we were receiving 10%. When in fact, an 11.46% pay raise was required to equal the 3% slope. The November 2, 2015 pay rate was the foundation for the follow-on pay raises. ALPA made this representation despite having actual knowledge of the shortfall in the pay rate scale prior to any representation. These damages are calculated at approximately $92 million.”



DR-Same date, signing bonus

Does the signing bonus (retro) in this TA recapture lost 3% pay rate increases since March 2012, as described to you and your MEC?

No. The signing bonus should have been approximately $147.3 million vs $134 million. Those missing millions mean that your retro payment should have been approximately 10% higher (as much as $2000 to $3500 higher, depending upon your seat position).Less conservative but possibly more accurate calculations indicate a $13.7 rather than $13.3 million shortfall.”



Lawsuit

Signing Bonus Shortfall - The TA Signing Bonus fell short of the same 3% slope, and also fell short of the “5% year-over-year” recapture stated by ALPA. ALPA made this representation despite having actual knowledge of the shortfall in the signing bonus prior to any representation. These damages are calculated at approximately $13 million.




Kronan's opinion
Retirement-Line in the Sand comment previously documented. IMO-SL’s comment regarding that issue is in regards to the companies unwillingness to improve our traditional A plan, rather than a comment about whether FedEx could afford it.



Lawsuit

“3) Retirement - ALPA consistently stated the fixes to retirement were “affordable” and “reasonable improvements” during the almost 5 years of negotiations. But in the very end game, just a few days before the TA was first presented to the MEC, the Company disclosed data concerning liabilities. The Negotiating Committee then reversed course about the affordability of the retirement fixes.”



KronanSick Leave Buyback

Hypothetical $$ in 2015 CBA highlights posted on ALPA Website (and I have them if anyone would like them sent to them)

Clearly shows that the SLB value an individual pilot would receive highly dependent upon their individual circumstances and crew position. NB Capt’s highest value shown is 75k vice a theoretical 110k for WB Capts (and WB Capt’s only reach that value in 2019)

WB FO Value in 2021 is 5k, while NB FO value is 0



Still, value of all pilots DSA\Sick Banks exceptionally higher if actually used (As a hypothetical, multiply 760 x your current pay rate and decide which value you’d prefer)

Lawsuit

“ 4) Sick Leave Buy Back (SLB) - ALPA stated the maximum $110,000 Sick Leave Buy Back would be available to “any pilot on property… if they retire at age 60 or later” and that all FedEx pilots would be able to “max out every component” of the Sick Leave Buyback, when in reality, only Wide Body Captains (40% of the crew force) will ever be able to reach the maximum. Retiring Narrow Body First Officers will never receive any SLB money. The exact amount of damages relating to the SLB are unknown at this time.”



Lawsuit

“7) ALPA intentionally leaked the National Mediation Board’s confidential “self help” comment to the FedEx Pilots while the Tentative Agreement was up for ratification. This was a bad-faith attempt to encourage ratification”



Kronan's Opinion
This is just my opinion But FedEx and UPS combine for roughly 80% of the US shipping market. Anyone who doesn’t think that the NMB is going to string us a long while we’re in mediated negotiations is delusional. The cards of the RLA are stacked against us exponentially greater than they are stacked against Delta, United, American, or Southwest

I don't possess the same ability to read minds the 4 named plaintiffs did. WIth their ability to discern motives about leaks of the existence of a TA (to put pressure on the MEC to send it to the pilots) or this one.
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Old 09-16-2020, 05:19 AM
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There will eventually be a TA.

Read it.
Think about it.
Decide whether it's a sufficient improvement or not.
Consider whether another year will bring enough additional gains to be worth the time.

Or just vote NO because you never accept the 1st TA (Unlike UPS, and so many other Airlines that have decided that 1st offer met their goals)

There's gonna be things people like, and there's gonna be disappointments.

And, Like Anita Shrew wrote, TOGA's always an option. (Oh wait, that's also a Union Comm absolutely Nobody read)
Wasn't posted on hiddenarrows.com or PurpleTA.com
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Old 09-16-2020, 01:51 PM
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Are you high?

Why stir the pot now?

And I was madder than you about the lawsuit, I guarantee it......
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Old 09-18-2020, 11:00 AM
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Originally Posted by kronan View Post
There will eventually be a TA.

Read it.
Think about it.
Decide whether it's a sufficient improvement or not.
Consider whether another year will bring enough additional gains to be worth the time.

Or just vote NO because you never accept the 1st TA (Unlike UPS, and so many other Airlines that have decided that 1st offer met their goals)

There's gonna be things people like, and there's gonna be disappointments.

And, Like Anita Shrew wrote, TOGA's always an option. (Oh wait, that's also a Union Comm absolutely Nobody read)
Wasn't posted on hiddenarrows.com or PurpleTA.com
Or as in your case, "Consider if the gains can justify what we lost with the new TA."
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Old 09-18-2020, 03:19 PM
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Originally Posted by Huck View Post
Are you high?

Why stir the pot now?

And I was madder than you about the lawsuit, I guarantee it......
Because that was last contract facts...and our crew force has changed immensely. Our new hires need to know that stuff like I was informed with red letter specifics that took place when I wasn’t on property.

Thanks for stirring pot, hopefully more will follow suit.

i don’t have a copy, but if someone can post a red letter pls do. We all need to know what we’re goin up up against historically. Especially the new hires who think pizza during hub turns are the norm.
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Old 09-18-2020, 04:49 PM
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Originally Posted by magic rat View Post
Because that was last contract facts...and our crew force has changed immensely. Our new hires need to know that stuff like I was informed with red letter specifics that took place when I wasn’t on property.

Thanks for stirring pot, hopefully more will follow suit.

i don’t have a copy, but if someone can post a red letter pls do. We all need to know what we’re goin up up against historically. Especially the new hires who think pizza during hub turns are the norm.
Scroll down and have a read

FDX Pilot History Timeline

Or just cut to the chase

http://fdx.alpa.org/portals/26/docs/...02,%201989.pdf
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Old 09-18-2020, 04:49 PM
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Originally Posted by magic rat View Post
Because that was last contract facts...and our crew force has changed immensely. Our new hires need to know that stuff like I was informed with red letter specifics that took place when I wasn’t on property.

Thanks for stirring pot, hopefully more will follow suit.

i don’t have a copy, but if someone can post a red letter pls do. We all need to know what we’re goin up up against historically. Especially the new hires who think pizza during hub turns are the norm.
Go to FDX.alpa.org and click on "FDX pilot history" (bottom right side of screen). It contains red letters and looks pretty thorough.
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Old 09-18-2020, 04:53 PM
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Originally Posted by USMCFDX View Post
Scroll down and have a read

FDX Pilot History Timeline

Or just cut to the chase

http://fdx.alpa.org/portals/26/docs/...02,%201989.pdf

Amen brothers and sisters.
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Old 09-18-2020, 06:39 PM
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Originally Posted by magic rat View Post
Because that was last contract facts...and our crew force has changed immensely. Our new hires need to know that stuff like I was informed with red letter specifics that took place when I wasn’t on property.

Thanks for stirring pot, hopefully more will follow suit.

i don’t have a copy, but if someone can post a red letter pls do. We all need to know what we’re goin up up against historically. Especially the new hires who think pizza during hub turns are the norm.
Where have you been getting Pizza 🍕

Rona destroyed hub turn pizza. 😜
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