Latest Blue Truth
02-07-2014, 12:16 PM
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Joined APC: May 2012
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Latest Blue Truth
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The WHOLE Truth About McBond….
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“I know there is a lot of discussion on the line regarding whether or not non-union employees are entitled to the protections of McCaskill-Bond in the event of a merger.... Jet Blue pilots are, without a doubt entitled to those protections....” (Source: System Chief Pilot email, Feb 4, 2014)
And Now, The Rest Of The Story….
As usual, by following the MWW script provided him, the System Chief Pilot is once again trying to manipulate the Pilot Group by not quite telling the WHOLE truth. McCaskill-Bond protections only apply under certain conditions. Unfortunately, our PEA was crafted with several embedded loopholes that could be used to sidestep those protections in the event of a merger.
“The statute (McCaskill-Bond) applies when two or more air carriers are involved in a covered transaction, described as a transaction for the combination of multiple air carriers into a single carrier…” (Source: “United States: Seniority Integration and the McCaskill-Bond Statute, Jones Day, Feb 9, 2012)
Unlike a Major Airline CBA, our PEA allows the ELT to engage in non-covered transactions, denying Jet Blue Pilots the McBond protections and putting our careers at great risk. Even the Industry Lawyer cited by the System Chief MWW Group agrees:
“The significant issue under Section 15.C, however, is that it does not require operational integration between Jet Blue and another carrier it establishes or acquires. Not requiring operational integration means that Jet Blue could operate multiple other carriers alongside Jet Blue as alter egos. That raises a significant concern that Jet Blue could “whipsaw” one pilot group against another.” (Source: William Wilder, Analysis of Additional Revisions in 2013 PEA, Dec 5, 2013)
What this means is if Jet Blue purchases another carrier, the PEA does NOT require Operational Integration, and therefore the transaction would NOT be covered and would NOT trigger the protections of McCaskill-Bond. Jet Blue and the purchased carrier could be run side-by-side as alter ego, parallel operations, with Pilot Groups competing with each other for available flying.
Even if the ELT engages in a covered transaction, our PEA is (intentionally?) vague on how the McBond protections might be applied, despite non-legally-binding reassurances to the contrary from the System Chief….
“If you don’t have a union, the employees get to represent their own interests as a group.” (Source: System Chief Pilot email, Feb 4, 2014)
The crucial question that remains unanswered is, “Who, exactly will represent Jet Blue Pilots in the event of a covered transaction under McCaskill-Bond…?”
You Won’t Like the Answer….
“This language of the PEA does not obligate Jet Blue to recognize either the PVC or the Corporate Transactions Committee as the Pilots’ representative in a merger transaction. The PEA does not state how the Section 3 and 13 Representative will be selected.” (Source: William Wilder, Analysis of Additional Revisions in 2013 PEA, Dec 5, 2013)
In other words, NOBODY KNOWS who will represent us, therefore we have NO IDEA how the “protections” might be applied to our transaction…!!
The PEA section 15.K states that pilots may act collectively for the purpose of enforcing seniority rights under Sections 3 and 13 of Allegheny-Mohawk by:
i) “Selecting a representative to represent their interests in the seniority integration process, including at any seniority integration arbitration.”
Since the PVC and Corporate Transactions Committee are cut out of the loop, who do we get to choose to represent us…? Could the ELT present a list for us to “choose” from with only the names of SVP Flt Ops, former VP Flt Ops, System Chief Pilot and Director of Flt Ops Resources available to represent our interests sell us down the river…?
The TRUTH is, Jet Blue Pilots are currently vulnerable to numerous career-damaging shenanigans during a Corporate Transaction, with or without the protections of McCaskill-Bond.
Still believe the ELT will act with your best interests at heart during a merger? The PVC submitted clear, ZERO-COST, Section 15.K language to the ELT during the recent PEA collaborations, naming the Corporate Transactions Committee as the Pilot Group’s representative in a merger (See the PVC’s PEA User’s Guide emailed to all Pilots last Fall). The ELT IGNORED this request.
Putting Pilot’s Interests LAST is a hallmark of the Direct Relationship. The DR has FAILED. The ELT is solely responsible for that failure. We need Major Airline Pilot career protections provided only by a CBA with strong Representation.
Be Informed: If you are not directly receiving these BlueTruth Bulletins, please check your spam filters and stay tuned for more. Feel free to forward, download, print and distribute as you please. Also check out:
ALPA Industry News
Home
Get Involved: Sign up here to receive these bulletins, or if you are interested in helping, contact us at:
[email protected]
Stay Engaged: Talk to your fellow Pilots about the FAILURES of the DR and our need for strong Representation.
Information is presented with every effort to be accurate and factual. BlueTruth opinions are editorial in nature and not intended to injure or defame in any manner. Readers are encouraged to do their own research and draw their own conclusions.
The WHOLE Truth About McBond….
spacer.gif spacer.gif spacer.gif
“I know there is a lot of discussion on the line regarding whether or not non-union employees are entitled to the protections of McCaskill-Bond in the event of a merger.... Jet Blue pilots are, without a doubt entitled to those protections....” (Source: System Chief Pilot email, Feb 4, 2014)
And Now, The Rest Of The Story….
As usual, by following the MWW script provided him, the System Chief Pilot is once again trying to manipulate the Pilot Group by not quite telling the WHOLE truth. McCaskill-Bond protections only apply under certain conditions. Unfortunately, our PEA was crafted with several embedded loopholes that could be used to sidestep those protections in the event of a merger.
“The statute (McCaskill-Bond) applies when two or more air carriers are involved in a covered transaction, described as a transaction for the combination of multiple air carriers into a single carrier…” (Source: “United States: Seniority Integration and the McCaskill-Bond Statute, Jones Day, Feb 9, 2012)
Unlike a Major Airline CBA, our PEA allows the ELT to engage in non-covered transactions, denying Jet Blue Pilots the McBond protections and putting our careers at great risk. Even the Industry Lawyer cited by the System Chief MWW Group agrees:
“The significant issue under Section 15.C, however, is that it does not require operational integration between Jet Blue and another carrier it establishes or acquires. Not requiring operational integration means that Jet Blue could operate multiple other carriers alongside Jet Blue as alter egos. That raises a significant concern that Jet Blue could “whipsaw” one pilot group against another.” (Source: William Wilder, Analysis of Additional Revisions in 2013 PEA, Dec 5, 2013)
What this means is if Jet Blue purchases another carrier, the PEA does NOT require Operational Integration, and therefore the transaction would NOT be covered and would NOT trigger the protections of McCaskill-Bond. Jet Blue and the purchased carrier could be run side-by-side as alter ego, parallel operations, with Pilot Groups competing with each other for available flying.
Even if the ELT engages in a covered transaction, our PEA is (intentionally?) vague on how the McBond protections might be applied, despite non-legally-binding reassurances to the contrary from the System Chief….
“If you don’t have a union, the employees get to represent their own interests as a group.” (Source: System Chief Pilot email, Feb 4, 2014)
The crucial question that remains unanswered is, “Who, exactly will represent Jet Blue Pilots in the event of a covered transaction under McCaskill-Bond…?”
You Won’t Like the Answer….
“This language of the PEA does not obligate Jet Blue to recognize either the PVC or the Corporate Transactions Committee as the Pilots’ representative in a merger transaction. The PEA does not state how the Section 3 and 13 Representative will be selected.” (Source: William Wilder, Analysis of Additional Revisions in 2013 PEA, Dec 5, 2013)
In other words, NOBODY KNOWS who will represent us, therefore we have NO IDEA how the “protections” might be applied to our transaction…!!
The PEA section 15.K states that pilots may act collectively for the purpose of enforcing seniority rights under Sections 3 and 13 of Allegheny-Mohawk by:
i) “Selecting a representative to represent their interests in the seniority integration process, including at any seniority integration arbitration.”
Since the PVC and Corporate Transactions Committee are cut out of the loop, who do we get to choose to represent us…? Could the ELT present a list for us to “choose” from with only the names of SVP Flt Ops, former VP Flt Ops, System Chief Pilot and Director of Flt Ops Resources available to represent our interests sell us down the river…?
The TRUTH is, Jet Blue Pilots are currently vulnerable to numerous career-damaging shenanigans during a Corporate Transaction, with or without the protections of McCaskill-Bond.
Still believe the ELT will act with your best interests at heart during a merger? The PVC submitted clear, ZERO-COST, Section 15.K language to the ELT during the recent PEA collaborations, naming the Corporate Transactions Committee as the Pilot Group’s representative in a merger (See the PVC’s PEA User’s Guide emailed to all Pilots last Fall). The ELT IGNORED this request.
Putting Pilot’s Interests LAST is a hallmark of the Direct Relationship. The DR has FAILED. The ELT is solely responsible for that failure. We need Major Airline Pilot career protections provided only by a CBA with strong Representation.
Be Informed: If you are not directly receiving these BlueTruth Bulletins, please check your spam filters and stay tuned for more. Feel free to forward, download, print and distribute as you please. Also check out:
ALPA Industry News
Home
Get Involved: Sign up here to receive these bulletins, or if you are interested in helping, contact us at:
[email protected]
Stay Engaged: Talk to your fellow Pilots about the FAILURES of the DR and our need for strong Representation.
Information is presented with every effort to be accurate and factual. BlueTruth opinions are editorial in nature and not intended to injure or defame in any manner. Readers are encouraged to do their own research and draw their own conclusions.
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