From the JB Message Board

Sep 13, 2009 7:42 pm Post subject: The Continued Screwing of the Midex Pilots Here's an ALPA Fastread from the Midwest MEC. For those of you that don't know, Republic was hired to fly "Connection" service for Midwest and offered such a cost savings over the mainline fleet that they eventually ended up taking over everything. The Midwest pilots will all be gone by December, replaced with $85/hr captains and $37/hr FO's flying a mix of e170s and e190s. They ended up buying Midex, but seem to be uninterested in merging senority lists.

There's a lot of really good, really experienced guys there, I've never met a classier group, and there careers are ending. Who do you think is next?


MEA Merger Committee Update

By Capt. Don Till, Chairman



Last week, the MEA Merger Committee requested and received a list of seven arbitrators from the NMB. When we asked the Republic pilots to participate in selecting an arbitrator, they refused, responding that the RAH pilots would not participate in this process until “ALL AFFECTED PARTIES” (i..e., Frontier, Midwest, Mokulele, and Republic pilots) are involved. The fact is that, as of today, the only party affected is the Midwest pilots.



Republic’s plans for Mokulele are unclear. In March 2009, RAH gained 50% interest in Mokulele, and increased that interest to 55% in May. Yet there appears to have been no operational integration of Republic’s and Mokulele’s operations in Hawaii. RAH increased its ownership to 89% in July, but again, there has been no operational integration implemented or announced and both the Republic pilots and the Mokulele pilots have yet to be affected by control.



Additionally, the Frontier pilots contend that they will remain separate, claiming that Republic CEO Bryan Bedford has maintained that this is also his goal. This is consistent with Article 9, § 9.01 (a) of the August 13, 2009, second amended and restated investment agreement between RAH and the Frontier entities which provides that, once Frontier emerges from reorganization and RAH takes over ownership:



“Subject to the provisions of the Railway Labor Act, upon the Closing, the Investor will (i) be bound by the current Collective Bargaining Agreement between Frontier Airlines and the Frontier Airlines Pilots Association as amended and in effect as of the Closing (the “FAPA CBA”), (ii) recognize Frontier Airlines Pilots Association as the representative of Frontier Airlines pilots and (iii) assume employment of such pilots represented by the Frontier Pilots Association. Upon and after the Closing, the Company shall continue to be responsible for implementing and carrying out its obligations under the FAPA CBA.”



This provision in the RAH-Frontier investment agreement appears to be in breach of the IBT's agreement with Republic which states:



Article 1. D.

3. The Company, Subsidiary of the Company, the Company’s Parent or Subsidiary of the Parent shall not establish any new airline (alter ego or otherwise) or acquire a controlling interest in any carrier whether directly or through the Parent or another Subsidiary of the Parent, and maintain it as a separate carrier. A “Controlling Interest” or “Control” means the ownership of an equity interest representing more than fifty percent (50%) of the outstanding capital stock of an entity or voting securities representing more than fifty percent (50%) of the total voting power of outstanding securities then entitled to vote generally in the election of such entity’s board of directors or other governing body.



Recently, I received a letter from the Republic pilots informing us that, “The Teamsters are filing a Grievance against Republic Airways Holdings for the violation of our scope, in respect to the LOA which has been ratified between it, Frontier Airlines, and FAPA.”



Unfortunately, the Midwest pilot group is aware of just how long this process can take. Furthermore, we have no idea which party will prevail.. Meanwhile, in reviewing the Republic pilots’ CBA more closely, RAH’s actions in replacing Midwest’s flying with Republic’s equipment and pilots is in violation of the IBT contract:



H.5.

c. The operations of the Company and those of the other air carrier shall be kept separate unless and until the processes described in paragraph b above is completed and the seniority lists of the two pilot groups are integrated in accordance with Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions are completed. During such time of separate operations, neither aircraft nor pilots shall be interchanged without the Union’s written consent.



After the Republic pilots rejected our request to work together to choose an arbitrator and begin the process, we determined that it was in our pilot group’s best interest to move forward. Your Merger Committee—along with our outside merger counsel, John O’Brien Clarke of Highsaw, Mahoney, and Clarke—chose Mr. Frederic R. Horowitz as the arbitrator. He has agreed to hear our arbitration and we expect our first meeting the week of September 21, 2009. While we continue to make every effort to engage the Republic pilots in working with us, be assured that we are taking every legal action necessary to keep this process moving forward.



In related news, our outside merger counsel received a response from the Republic pilots’ merger counsel regarding our proposed seniority integration procedure agreement and replied on our behalf. These two documents have been posted on the MEC website.

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This is a publication of the Air Line Pilots Association, MEA Council 30.

 

What did the Republic pilots expect, a pay raise for the E-190?

 

This is a ploy to flame people. As I can understand that the Midwest guys want to get the ball rolling, RAH integration committee has 3 other groups to integrate, as well as the the Midwest guys. This stuff takes time. So, instead of fanning the flames, lets all just wait until the 5 groups can come together.

 

The fear is that all MEH pilots will be on the street by the time they get around to deciding the lists. If will go to arbitration, and as previous Awards have gone, the pilots on the street go to the bottom of the combined list.

In MEH's case, that would mean all of em if they wait another year or two.

 

It was a great company and a great group of people. It really is sad walking through Concourse D in MKE.

 

Also sad to see the replacement jets in LA and Denver and Las Vegas where an md80 sat just a few months ago.

Also sad seeing rjs where 73's and airbus were parked on the B concourse.

 

Generally however in mergers there is a effective date given. This is normally the date of corporate closure. The lists, status, category ect.. are used from that date.

 

I get that, and at best there would be 100 MEH pilots on the list.

I was just explaining why the MEH pilots were pushing this. Thanks for adding the info though.

 

OK, and will the Midwest pilots have the right to bump Republic pilots out of the E190?

 

"seem to be uninterested in merging seniority lists"

Blatant lie here. The lists will be an integrated. The terms of that integration will be worked out between the 4 unions involved and an arbitrator. Asking what pilots here think is irrelevant. Our union considers the active pilots at the time of acquisition to be active at the time of integration. In the end, its all going to be up to an arbitrator.