Mason32

and were promptly furloughed, and replaced with replacement workers hired en masse by means of outsourcing....


potatoe.... potaahtoe.... same thing.

ToiletDuck

Midwest pilots didn't have a choice. Their management might have thought they did but there was no way they would ever step foot in an RAH aircraft. I think you'd be hard pressed to find any unionized group that didn't have that clause in their contract. RAH never violated any Midwest contract sadly enough that's how full of holes it is.

YXnot

Here are the pertinent parts of Section 1.

B. Scope
1. Except as otherwise provided for in this Agreement, all commercial flight
operations (whether revenue, non-revenue, scheduled or non-scheduled)
conducted by the Company will be flown by pilots whose names appear
on the Midwest Airlines, Inc., Pilot System Seniority List.
2. Notwithstanding Paragraph 1 above, the Company may utilize pilots not
on the Midwest Airlines, Inc., Pilot System Seniority List to perform nonrevenue
flying such as aircraft delivery, ferry, and maintenance test
flights.


C. Subcontracting
1. The Company may engage in subcontracted flying under the following
circumstances: Subcontracting may be engaged in for periods not in
excess of one hundred eighty (180) days per occurrence during the term of
this Agreement when:
a. such subcontracting is necessary to accomplish the needs of the
service of the Company, and
b. the Company determines that it does not have sufficient or
appropriate aircraft, or sufficient or appropriately trained Pilots
available to perform the subcontracted flying, and
c. the Company does not furlough or displace any Pilot as a direct
result of such engagement in subcontracted flying.
2. It is understood and agreed that nothing in Paragraph C.1 will prevent the
Company from furloughing or displacing Pilots for economic reasons
independent of or unrelated to its engagement in subcontracted flying.

Source: ALPA Restructuring Agreement 9/1/03
1-2

3. Subcontracted flying shall not include any flying performed by another
carrier whereby the other carrier transports passengers pursuant to a codeshare
agreement, a marketing agreement, an interline agreement, a pro-rate
agreement or a block-space agreement, and there shall be no contractual
restrictions on such flying or on any other flying performed pursuant to
any other marketing or alliance agreement or arrangement.
4. Notwithstanding Paragraph C.1. above, in the event the Company engages
in subcontracting solely due to circumstances over which the Company
does not have control, it may engage in the subcontracted flying for a time
not to exceed twelve (12) months. Circumstances beyond the Company’s
control shall include: an act of nature; a labor dispute; grounding of a
substantial number of the Company’s aircraft by a government agency or a
court; a shortage or unavailability of flight simulator time; loss or
destruction of the Company’s aircraft; involuntary reduction in flying
operations due to either a decrease in available fuel supply or other critical
materials for the Company’s operation; revocation of the Company’s
operating certificate(s); war emergency; or owner’s or manufacturer’s
delay in the delivery of aircraft scheduled for delivery.

A couple of things:
1 This language is from the restructuring agreement completed summer of 2003. I will have to check to see if it changed from the original contract written/signed in 1999, but I dont think so.

2 During the late 1990's and early 2000's Midwest(Express) was adding MD 80's and cities to the airline and was also in process for DC9 replacement(B717). Still, no reason to leave a gaping scope hole in the contract.

3 The underlined language is the proverbial piece of gauze that the surgeon(ALPA Attorney) left in the body cavity when they sewed the patient up. The outcome of the arbitration hinged on that piece. ALPA declared that the RAH agreement was a subcontract and subject to the restrictions of such but, the arbitraitor (SIC) agreed with the company that it was purely a codeshare agreement and no restrictions applied.

4 This all occurred shortly after NWA's purchase of Midwest and the arrival of Seabury Group LLC onto the property for restructuring. I think this is all part of a bigger plan to establish 100 seat a/c at the regional level and further diminish the opportunities for those who seek to one day enjoy legacy type pay/benefits. It just gets more and more ugly.

ToiletDuck

I'm not a lawyer and am not the best interpreter of legal talk but couldn't that paragraph be used for any regional flying hired by midwest? Didn't skyway and currently SKYW operate under the same clauses?

YXnot

In the arbitration the ALPA attorneys argued that the agreement with RAH was a subcontract and should have been treated per C 1. See C 1 c. (no furlough/disp.)

The company attorneys argued, and arbitrator Bloch agreed, that the RAH agreement fell under C 3. ( no restrictions)

I guess we can thank the ALPA legal team assisting our MEC neg. com. for including this language, our neg. com. for allowing it, and the pilot group who failed to vote no when presented with the contract.

A special word of thanks to NWA/ texas pacific group TPG and Seabury consultants LLC for beginning the teardown and lets not forget our friend timothy hoeksema for years of poor decisions which ultimately led to the loss of control and the death of a great airline.

I have to laugh at those who simplify the current MEH pilots plight into one of accepting a "pay cut" to keep their jobs. You have to ask yourselves if you were say in your late 40s or early 50s with kids entering or in college would you want to accept what turns out to be a 50 to 70% cut in rates and also give up the farm in work rules so as to match that of the RAH contract? All that for doing the SAME JOB.

If its a take it or leave it proposition then most I feel will leave it.

I know I will.

MD80

You guys at Republic are a piece of work.

You have to fly trips on your schedule( I understand), but you don't have to support the undermining of our profession. Anyone can see that Delta/Republic/TPG are trying to lower airline pilots pay for domestic flights.

This is not just another ASA for Republic!

You're in negotiations, just match the JetBlue rates for the E190 and you will be respected.

TurboDVR42

I sure hope so. But i am willing to bet it will be no where near those rates.

xtreme

Come on they are the 2008 REGIONAL airline of the year, not the 2008 major airline of the year. They will pay accordingly.

3XLoser

Should I have prefaced Lockout with illegal, or backdoor? I would like to thank YXnot for posting a passage from our contract. It clearly says that I can't be furloughed if our flying is subcontracted. About 270 of us are really on the street. I didn't quit or retire, wasn't fired, and my contract actually does adress the furlough/subcontracting issue. That leaves us with lockout, maybe not a legal one.

Big3win

until republic pilots realize what they are doing, they will continue to be a cancer to the airline profession. They don't seem to get the facts.....same aircraft same or better pay. Republic pilots appear to think they don't deserve e190 pay rates. That is why they work at a sweat shop. Many pilots have worked years to better the profession. Maybe that is why some republic pilots entered the profession. As it goes now......republic pilots are bringing down the airline profession at a rapid pace. Per this site it appears republic pilots need to grow some b*lls and demand a proper contract. You have already distroyed many Midwest pilots careers overnight. You will never be respected in the industry by your peers unless you demand a industry leading e190 contract. Be advised it may be a tough commute if you continue in your ways! Just a few things to ponder.