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#41
Gets Weekends Off
Joined: Apr 2006
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From: 737 CA
The status of the suits is hard to keep track of. The trouble that ALPA members, who were also military guard-reserve members started in 2005. It has been highly talked about how the CAL MEC was sort of a milk-toast group that was too cozy with management.
in Contract '02, which was ratified in 05 brought about the problems that resulted in the suits. CAL management thought it could run fast and loose on federal law and the dues paying ALPA brothers and sisters who were CAL pilots were getting no relief within the formal grievance structure. They were shot down by the CAL MEC left and right. The CAL MEC was non confrontational and did not want any disagreements with CAL management. Their inability and unwillingness to represent pilots who happened to be military members is why all this blew up.
Section 25, the scheduling section was negotiated blank. It said "to be inserted at a later date." That was what the MEC voted on. A blank slate. So, when military members started taking MLLV after PBS came on to property the company freaked out. Why? Because the company forgot to account for military leave when it dreamed of PBS. They ran 3 mock bids after PBS came alive. Not one mock bid included drill weekends, or military leave, or vacation, or sick leave, or LTD, etc. So, the absence management system had no absences to manage or deconflict. Then it went live. The company couldn't cover the schedule. The military guys got slammed by management and where was the CAL MEC? The MEC sucked. So, the military guys and girls had to fend for themselves. It didn't stop there. It soon showed up in other areas as a way to pressure military pilots into NOT taking military leave.
The suit, and suits could have been avoided if the CAL MEC had simply represented and defended the rights of the CAL pilots who were full ALPA members and who paid their dues in more ways than one. But, if the normal avenues of conflict resolution were closed, then the ones that exist for every other US citizen are still open.
CAL management is where the problem was. I think the passage of time shows us that these suits were justified considering the lack of options available to the military ALPA members at the time of contract '02 implementation and the heavy-handed tactics employed by CAL management were outright illegal.
We actually had a check airman authorized by Abbot himself calling the pentagon to verify a Navy reservists status. This guy's source was not a credible source. Not only did the source goof up when trying to verify orders, but he declared that the military member wasn't even in the US Navy reserve. CAL tried to fire the guy based on third hand reports from the so-called source. The check airman was used to give Flight Ops plausible denyability. The Check Airman just recently retired btw. The SEC/NAV had to get involved. This is just one example of the insanity that CAL pilots had to deal with.
It was always about using and abusing relationships to get what CAL management wanted. Pressure the military guys directly and indirectly to get their way.
It was never brought up, but I feel the biggest reason CAL management didn't want to properly and legally fund the B fund for the military pilots was simply to discourage the taking of military leave. If you received NO credit in the B fund, then you were less likely to take MLLV. If you got called every month for taking MLLV, then you were less likely to take MLLV. If your commander got harassed every month, then you were less likely to take MLLV.
in Contract '02, which was ratified in 05 brought about the problems that resulted in the suits. CAL management thought it could run fast and loose on federal law and the dues paying ALPA brothers and sisters who were CAL pilots were getting no relief within the formal grievance structure. They were shot down by the CAL MEC left and right. The CAL MEC was non confrontational and did not want any disagreements with CAL management. Their inability and unwillingness to represent pilots who happened to be military members is why all this blew up.
Section 25, the scheduling section was negotiated blank. It said "to be inserted at a later date." That was what the MEC voted on. A blank slate. So, when military members started taking MLLV after PBS came on to property the company freaked out. Why? Because the company forgot to account for military leave when it dreamed of PBS. They ran 3 mock bids after PBS came alive. Not one mock bid included drill weekends, or military leave, or vacation, or sick leave, or LTD, etc. So, the absence management system had no absences to manage or deconflict. Then it went live. The company couldn't cover the schedule. The military guys got slammed by management and where was the CAL MEC? The MEC sucked. So, the military guys and girls had to fend for themselves. It didn't stop there. It soon showed up in other areas as a way to pressure military pilots into NOT taking military leave.
The suit, and suits could have been avoided if the CAL MEC had simply represented and defended the rights of the CAL pilots who were full ALPA members and who paid their dues in more ways than one. But, if the normal avenues of conflict resolution were closed, then the ones that exist for every other US citizen are still open.
CAL management is where the problem was. I think the passage of time shows us that these suits were justified considering the lack of options available to the military ALPA members at the time of contract '02 implementation and the heavy-handed tactics employed by CAL management were outright illegal.
We actually had a check airman authorized by Abbot himself calling the pentagon to verify a Navy reservists status. This guy's source was not a credible source. Not only did the source goof up when trying to verify orders, but he declared that the military member wasn't even in the US Navy reserve. CAL tried to fire the guy based on third hand reports from the so-called source. The check airman was used to give Flight Ops plausible denyability. The Check Airman just recently retired btw. The SEC/NAV had to get involved. This is just one example of the insanity that CAL pilots had to deal with.
It was always about using and abusing relationships to get what CAL management wanted. Pressure the military guys directly and indirectly to get their way.
It was never brought up, but I feel the biggest reason CAL management didn't want to properly and legally fund the B fund for the military pilots was simply to discourage the taking of military leave. If you received NO credit in the B fund, then you were less likely to take MLLV. If you got called every month for taking MLLV, then you were less likely to take MLLV. If your commander got harassed every month, then you were less likely to take MLLV.
#42
#43
Gets Weekends Off
Joined: May 2009
Posts: 2,032
Likes: 18
To take it to another level, one of the biggest MEC douchebags (DM), at the time, was drawing a union, full time pay check and did not even have an FAA medical. He was at the root of almost ALL of these problems. F him.
#44
Gets Weekends Off
Joined: Aug 2013
Posts: 2,159
Likes: 1
I am confident that the new airline is treating our military brothers and sisters more fairly and is now training their managers in what they can and can't do as it relates to USSERA.
I wasn't around UAL in the 90's, but as I understand it there were lawsuits as it relates to hiring practices. It took some time for the culture to change, but in the short term the remedy was more painful than the cure. Those suits didn't have to happen, but if they hadn't would the culture have changed? Now we go out of our way to cater to minorities, so much so, that UAL is like the LBGTXYZ airline of the century.
I don't recall, but Duffer was either the Chair or the Vice Chair of the military committee at the CAL MEC. He was not an original plaintiff. He was trying to get the union to act like a union and defend the rights of the pilots involved. At some point he got PO'd and left the tent due to stone-walling and double talk.
The Duffer suit is currently standing alone, but that is because the other causes of action and suits were settled or mediated (favorably I may add to the pilots). The main financial cause of action was moved to an Illinois court (change of venue) to facilitate faster movement of the case, more favorable landscape to litigate, and for the convenience of management. UAL thought the change of venue would be great because it puts the case in their back yard where they can use their influence. The plaintiffs liked it there because the court was viewed as more labor friendly. The main attorney for Duffer is a ALPA member and a legacy UAL pilot. He was very careful to leave ALPA out of it, and I think that's a good thing.
Smizek is the one who let this go too far. He knew it only affected about 300 to 400 pilots and he knew the money was small, about $1200.00 to $4000.00 per pilot depending on how much MLLV was taken. Sure would have been cheaper to just pay the folks what they were due in the first place. Sure would have been the decent and honorable thing since American already lost a similar suit and Fed Ex is getting ready to lose one (likely settle). Smizek tried to use the 5% holdback as leverage to manipulate (again) the CAL-MEC into pressuring it's military members. I think that back-fired on Ole Rumple Stiltskin-Smizek.
Has the suit taken too long to settle? Yes, but it would still be going on much longer had the other causes not settled and had the case stayed in Texas or a California federal court. The standing alone aspect of the re-file actually helps us get our money faster, and therefore it is a win-win for the UAL pilots and the aggrieved military members. Duffer won't be winning for Duffer alone. He represents the entire class and craft of aggrieved military members. He is simply picking up the baton and finishing the race.
There were some skeletons in the closet as it relates to the legacy CAL retirement plans. The company was pretty fast and loose with this stuff. It's goal was to put as little moneys in those funds as possible so it could use their moneys to fund their looming liquidity short-fall we heard so much about. Jacque LaPointe was the guy who doubled down on our A funds and lost big while simultaneously losing big on fuel hedging. Any moneys CAL management didn't have to pay was a way of "buoying up" DB plans in general. CAL management simply told the CAL MEC it didn't feel obligated to pay those military pilots the moneys owed to them and the CAL MEC didn't question it, they just went along with what their ole management buddies told them.
Isn't it odd that legacy UAL treated their military members one way, under the supervision of the UAL MEC and the legacy CAL management treated their military members another way under the supervision of the CAL MEC? Why two separate trains of thought? why the two separate methodologies? I tip my cap to the legacy UAL MEC they did things right, and it shows.... No court cases on military issues filed under their watch as far as I can tell. Their members got paid correctly.
We've seen the same thing on the CAL side with payrole. No one understands how they were paid. Ultimately grievances filed, and remedy payments issued, etc. If CAL payrole, or benefits was involved they were either doing it wrong on purpose, or playing fast and loose and saying "catch me if you can." As a former CAL pilot, I know payrole was cheating me, I just could never figure out how, and by how much.
#45
Gets Weekends Off
Joined: Aug 2013
Posts: 2,159
Likes: 1
Interesting read:
http://repository.jmls.edu/cgi/viewc...text=courtdocs
Some of these comments are doozies.....
" “If you guys take more than three or four days a month in military leave, you’re just taking advantage of the system.”;
“I used to be a guard guy, so I know the scams you guys are running.”;
“Your commander can wait. You work full time for me. Part-time for him. I need to speak with you, in person, to discuss your responsibilities here at Continental Airlines.”;
“Continental is your big boss, the Guard is your little boss.”;
“It’s getting really difficult to hire you military guys because you’re taking so much military leave.”;
“You need to choose between CAL and the Navy.”
Original filing: https://cases.justia.com/federal/dis...?ts=1411574760
Last edited by baseball; 11-15-2017 at 07:09 AM.
#46
When I was a U-Hire in 2013, I noticed quickly the difference between CAL and UAL when dealing with military duty.
I would place military duty on my days off. Once it was inputted into my schedule, I noticed right away my MPG decreased despite being available for a full month (still had 18 days of reserve on my schedule). I went to my Legacy CAL buds in the squadron and called foul. Their response was that was how they always did it because you weren’t available for the entire month because they wouldn’t be able to roll into your days off if used for a trip (global fleet).
Of course this was a foul. Calls to ALPA reps were made and my MPG was corrected. I don’t know how long this had been going on, but I could have been significant in pay differential for some.
On a side note, I did see that they changed CCS to say MIl Leave “Request” to Mil Leave “notification.”
I would place military duty on my days off. Once it was inputted into my schedule, I noticed right away my MPG decreased despite being available for a full month (still had 18 days of reserve on my schedule). I went to my Legacy CAL buds in the squadron and called foul. Their response was that was how they always did it because you weren’t available for the entire month because they wouldn’t be able to roll into your days off if used for a trip (global fleet).
Of course this was a foul. Calls to ALPA reps were made and my MPG was corrected. I don’t know how long this had been going on, but I could have been significant in pay differential for some.
On a side note, I did see that they changed CCS to say MIl Leave “Request” to Mil Leave “notification.”
#47
Gets Weekends Off
Joined: Aug 2013
Posts: 2,159
Likes: 1
You would think that after the first time the company made an "honest mistake" they would come up with a way to fix it for the military member. Nope again. They rely on you to lose money and therefore provide a labor cost advantage to the company. The managers then take a bonus on the labor cost savings.
You think I am making this up?? Each department given a labor budget or man hours. You come in under the budget and you the manager and your sub-managers get a performance bonus.
Abbot found a way to run a slave shop and so did Debbie McCoy before him. Same goes for your pay. You think it was an accident that they intentionally ran a David Copperfield smoke and mirrors show on your pay?? It's bad enough for the non-military guys, because those pay discrepancies are easier to sort out. But, for anyone with any sort of leave (military or otherwise) you can expect a screw job.
#48
Dude, are you off your meds?
Just get back to work and fill out those cards. And while you're at it, keep that APU off until just before brake release. Just carry the trash downline and move along. There is nothing to see here. Besides, this is probably ALPA's fault anyway.
You know, my neighbor would gladly do your job for free.
Just get back to work and fill out those cards. And while you're at it, keep that APU off until just before brake release. Just carry the trash downline and move along. There is nothing to see here. Besides, this is probably ALPA's fault anyway.
You know, my neighbor would gladly do your job for free.
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