ebl14

There is definately truth to the idea that these guys like to throw their weight around. I know that some of the mec members who voted no on ta1 were blatantly threatened. I'm not suprised at all by this lawsuit, its about time for this sham to end. What ever happened to professionalism and accountability from the top?

higney85

I won't get in the middle of things, but here is the legal aspect of this bonus.


ALPA ADMIN MANUAL 40.J
A. ALLOCATION OF LUMP SUM PAYMENTS
SOURCE – Executive Board September 2010

1. Statement of Purpose and Preamble
The purpose of this policy is to provide (i) direction for MECs that are required to make decisions on allocation of Lump Sum Payments and (ii) an expedited dispute resolution procedure, including arbitration, to resolve a dispute that arises with respect to an MEC allocation decision.

The policy rests on a number of premises:

• MEC allocation decisions often arise under circumstances that make it particularly difficult to satisfy all elements of the pilot group. For example, the circumstances of the allocation may be unique or occur rarely, and allocation decisions may involve distribution of substantial value among the pilots, In addition, allocation decisions are likely to involve competing interests within the pilot group.

• Policy that requires the MEC to consider the purposes or reasons for the Lump Sum Payment and to apply relevant factors in light of these purposes or reasons serves two purposes: it provides the MEC with both a decision-making framework based on principle and sufficient flexibility to differentiate among the very different circumstances that may arise in the future. Relevant factors may include but are not limited to pilots’ past, current, or projected rates of pay, benefits and/or employment status, relative seniority, relative longevity, per capita or pro rata distribution, or a combination thereof.

• It is important that the MEC consult with ALPA legal counsel and with any staff/officers/representatives designated by the President and provide information to the pilot group on its decision(s).

• MEC members are line pilots, holding Captain, First Officer, Second Officer, Instructor, or Seniority Block status, who are elected as “Status Representatives” by their Local Council membership. While in office, they are often called on to make decisions that affect them individually as well as affecting their status group, the pilots in their Local Council, and the pilots on the airline. Support by an MEC member of an allocation methodology that is more favorable to him, his status group, or the pilots in his Local Council is not inappropriate if the MEC member does so by considering the purposes or reasons for the Lump Sum Payment and applying relevant factors in light thereof.

• An expedited dispute resolution procedure, including arbitration as the final step, provides the members of the pilot group (as well as the MEC officers, MEC members, and President) with the means to resolve a dispute over allocation decisions, without the need for expensive, lengthy, and risky litigation, at the end of which there is often no real “winner.”

2. Scope of Policy

This policy shall be applicable to allocation of any Lump Sum Payment (“Lump Sum Payment” or “Payment”), which shall be defined as any allocation of stock, stock options, corporate notes or obligations, bankruptcy claims, retroactive payments, contract signing bonuses, profit-sharing payments, or other forms of fixed value received by a pilot group from its company under the terms of a collective bargaining agreement (including letters of agreement and similar forms of agreement) on a one-time or periodic basis, unless the measurement and allocation of the Lump Sum Payment is pursuant to a company-wide plan(s) for which the terms that apply to the pilots are the same as the terms that apply to other employees of the company.

a. For purposes of this policy, the terms “pilot group,” “pilot” and “pilots” shall include former and retired pilots included in the allocation of a Lump Sum Payment.

3. MEC Allocation Decisions

In making a decision on allocation of a Lump Sum Payment, an MEC shall consider the purposes or reasons for the Payment, and apply relevant factors to seek an equitable outcome in light thereof.

a. The MEC shall decide on an allocation of the Payment (i) as part of the negotiation of a collective bargaining agreement with management by including the methodology for allocation in the agreement or (ii) if the collective bargaining agreement so provides, by MEC decision after a collective bargaining agreement has been reached with management that does not include the methodology for allocation. In either case, during the decision-making process, the MEC shall consult with ALPA counsel designated by the Director of the ALPA Legal Department and with ALPA staff and ALPA officers/representatives designated by the President.

b. Article XVIII, Section 1 of the Constitution and By-Laws, with respect to the signature of the President being required for an agreement to be effective, shall be specifically applicable to any agreement including provisions as to a Payment.

c. If the collective bargaining agreement with management includes the methodology for allocation of the Payment, (i) the MEC is strongly urged to also include a provision that a dispute over the methodology for allocation shall be subject to the dispute resolution procedure set forth in this policy or (ii) the MEC shall provide the President with a statement explaining why such a dispute resolution provision is not included in the agreement.

(1) If the President signs an agreement covered by paragraph 3.c(ii) above, a dispute over the methodology for allocation shall not be subject to the dispute resolution procedure set forth in this policy.

(2) If the President does not sign an agreement covered by paragraph 3.c(ii) above, the MEC then has the option to (i) negotiate with management a revised agreement including a provision that a dispute covered by this policy shall be subject to the dispute resolution procedure set forth in this policy and present such agreement to the President or (ii) negotiate with management an agreement incorporating a different methodology for allocation and present such agreement to the President .

(3) The MEC shall provide notification and information to its pilot group and the President regarding a methodology of allocation included in the collective bargaining agreement, together with a copy of this policy or electronic link to this policy, promptly after MEC ratification of an agreement subject only to MEC ratification or promptly after membership ratification if applicable.

d. If the methodology for allocation of the Payment is not included in the collective bargaining agreement, the MEC allocation decision shall be subject to the dispute resolution procedure set forth in this policy.

(1) The MEC shall provide notification and information to its pilot group and the President regarding an allocation decision, together with a copy of this policy or electronic link to this policy, promptly after making the MEC allocation decision.

4. Expedited Dispute Resolution Procedure

An MEC allocation decision, whether included in the collective bargaining agreement (except as provided in paragraph 3.c(1) above) or made by the MEC after the collective bargaining agreement has been reached, shall be subject to an expedited dispute resolution procedure, as set forth in this policy, with the time period for the process in each instance to take into account the necessity under an agreement or for other reasons to make the decision by a particular date. Unless a more expeditious process is required by the circumstances, the following time line shall be applicable:

a. Subject to a shorter time period required by the circumstances and approved by the President or his designee, with notification to the pilot group, the dispute resolution procedure shall be invoked, as provided by paragraph 5 below, within thirty (30) days from the date that the pilot group is notified of the methodology of allocation under paragraph 3.c(3) or 3.d(1) above, whichever is applicable.

b. The Executive Council shall convene within seven (7) days of the conclusion of the time period under paragraph 4.a to conduct its review under paragraphs 6 and 7 below. The Executive Council shall proceed in as expeditious a manner as is appropriate under the circumstances, meeting on consecutive days unless precluded by scheduling issues. The Executive Council shall issue its decision under paragraph 7 below within thirty (30) days after the conclusion of the time period under paragraph 4.a.

c. An arbitration award shall be issued within one hundred twenty (120) days after the dispute resolution procedure is invoked under paragraph 5 below.

d. The President may grant a reasonable extension of the time limits set forth in subsections 4.b and 4.c above, provided that the Executive Council shall determine any request for an extension of time if the President has invoked the dispute-resolution procedure or has appealed a decision under the procedure.

5. Invoking Dispute Resolution Procedure

The dispute-resolution procedure may be invoked by a written notice filed with the Vice President–Administration/Secretary, within the time limit set by paragraph 4.a above, by (i) the President or his designee, an MEC officer or a member of the MEC or (ii) a pilot or pilots from the involved pilot group with the consent of the President or MEC Chairman.

6. Question in Dispute Resolution Procedure

The question in the dispute resolution procedure, including the arbitration process, if invoked, shall be whether to uphold the MEC’s allocation decision and if not what specific modifications to the MEC decision are required to be included in a revised method of allocation.

7. Executive Council Review and Decision

The Executive Council:

a. Shall decide whether to receive presentations in writing (including electronic documents), by video or audio conference call, by in-person presentations, or a combination of these methods.

b. Shall consult with ALPA counsel designated by the Director of the ALPA Legal Department for assistance and advice on both process matters and in evaluating the issues.

c. May consult with ALPA staff in any relevant department.

d. May consult with outside professionals, including any consulted by the MEC on allocation issues.

e. Shall consider not only whether the allocation methodology adopted by the MEC is in itself adequate, but also the degree of legal risk associated with that methodology and any other methodology it may consider.

f. Shall discuss possible modifications to the MEC-proposed method of allocation with the MEC Chairman and/or his designee(s).

g. Shall complete its work on a timely basis in light of the schedule required for reaching a final decision.

h. Shall issue a written decision stating whether it upholds the MEC’s proposed method of allocation and if not what specific modifications are required to be included in a revised method of allocation. The decision will include a statement of its reasons for the decision, whether or not it upholds the MEC’s proposed method.

8. Appeal From Executive Council Decision

The Executive Council decision shall be final and binding and the decision of the Association regarding the allocation, unless an appeal to an expedited arbitration process is filed within seven (7) working days with the Vice President–Administration/Secretary and consented to by the Executive Council.

a. The arbitration process may be invoked only by:

(1) the President or his designee or by decision of the MEC.

(2) an MEC officer or a member of the MEC or by a pilot or pilots who invoked and pursued the review process to a conclusion before the Executive Council.

9. Arbitration Process

In the event of an appeal to the arbitration process:

a. Arbitration proceedings are to be conducted and the award issued on an expedited basis in accordance with the requirements of paragraph 4 above for issuance of a timely arbitration award.

b. The process for selection of an arbitrator shall be determined by the President or his designee, provided that an arbitrator who is available on a timely basis shall be selected.

c. The President may determine that the Association appear and participate in the arbitration proceedings, provided that any such determination shall be made by the Executive Council if the President has invoked the arbitration process.

d. Issues as to process and procedure not set forth in this policy shall be determined by the arbitrator.

e. The arbitrator shall consider but shall not be bound by the decision of the Executive Council.

f. The arbitrator shall issue a written decision and award stating whether the MEC’s proposed method of allocation is upheld and if not what specific modifications are required to be included in a revised method of allocation. The decision will include a statement of reasons for the decision, whether or not it upholds the MEC’s proposed method.

10. Distribution to Pilot Group

Distribution of all or part of a Payment to the pilot group shall be governed by the following:

a. There shall be no distribution of a Payment to the pilot group prior to forty-five (45) days from the date that the pilot group is notified of the MEC allocation decision under paragraph 3.c(3) or 3.d(1) above, whichever is applicable, without the express written approval of the President or his designee.

b. In the event that the dispute resolution procedure is invoked, in light of legal risks and other appropriate factors, the Executive Council or an arbitration award (as applicable) may direct that some or all of the Payment be held in a secure account or trust for an appropriate period pending legal determinations, provided that at any time after a decision by the Executive Council to secure the Payment, the Executive Council may direct release of the Payment unless arbitration is invoked, in which case jurisdiction to retain and release the Payment shall be in the arbitration process.

11. Requirement to Exhaust Dispute Resolution Procedure

No pilot or group of pilots may take legal action against the Association with respect to any matter that may be addressed in the dispute resolution procedure unless the procedure has been invoked and exhausted by the pilot or group of pilots.

12. Costs and Expenses

Costs and expenses incurred in the review process and any arbitration proceeding shall be allocated as follows:

a. Costs and expenses of the Executive Council and for the arbitration proceeding (fee and expenses of the arbitrator, hearing room, transcript for the arbitrator) shall be borne by the Association.

b. Costs and expenses of the MEC shall be allocated to the MEC budget.

c. Costs and expenses of pilots invoking the review process or arbitration proceedings shall be borne by those pilots.

Pinchanickled

I wonder if they will drop the lawsuit now that a TA has been signed?


100 bucks says these super senior Check Airmen will drop the lawsuit, however, continue to hand out "pink-slips" to all those that voted down the first TA!

PCLCREW

Lawsuit or not, those super senior check airmen have always been very fair. Personally I think 9E has some great check airmen across the board. I've heard some stories about those people you say failed because they voted no on the TA... I think not.