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End-Game Negotiations Begin In New York City
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The Joint Negotiating Committee,
the National Mediation Board and United
management began their two weeks of end-game
negotiations in New York to conclude an
Agreement in Principle on the Joint Collective
Bargaining Agreement (JCBA) by June 15. MEC
Chairman Captain Jay Heppner made the following
remarks during the first meeting among the
Parties.
“I'm glad we are here to conclude
what has been a long process to culminate in
‘end game’ negotiations by June 15th as agreed
to by the company and ALPA over two weeks ago. I
applaud the company, and our CEO Jeff Smisek for
stepping up to the plate to get these critical
negotiations completed. Our pilots have lived in
bankruptcy or concessionary contracts for too
long.
“There are two specific years that I want to
highlight as they have great significance to us
on this side of the table ... and I hope for
your side as well. 2003 marked the beginning of
the sacrifices we gave up for the survival of
this company as a result of the horrific attacks
on our country during 9/11. 2010 marks the
announcement of the merger, and the 12 months of
Section 6 negotiations that had already begun at
United and the nearly 24 months at Continental.
Commitments were made before Congress by our two
CEOs that labor's plight and urgent need to
finally conclude a collective bargaining
agreement would be addressed most expeditiously.
With $1.2 billion in United concessionary
givebacks over this time period
—
pensions, wages
—
and the hundreds of millions in Continental
pilots’ concessions are not in any way an
exaggeration to say that my pilots are still
living in Chapter 11. In other words, my pilots
have been denied the same ‘fresh start’ the
company received from a bankruptcy court back in
2003.
“We have been unable to finish up the scheduling
section of the contract with one small
noneconomic item, yet here we are with no final
solution. Now we are faced with opening a most
critical and difficult section concerning Scope.
United had eight Star Alliance members in 1998,
and now twenty-seven in 2012. How possible to an
end game will the company be with the scheduling
section still open?
“Captain Lee Moak, the President of ALPA, has
made two separate requests for a release that
would create a critical internal clock that
would benefit both the company and ALPA, and in
the process empower the NMB in its critical role
as mediator in driving these negotiations to
conclusion and the June 15th timeframe, to which
we agree. The company made a negative reply to
the request last Monday. In the reply,
management invoked the need to watch market
developments.
“Let me quote a pertinent passage
from that letter:
There are two recent developments
in the airline industry, which could be highly
relevant to an appropriate resolution of the
pending major dispute between ALPA and the
Company.
“The comments then point to the Delta contract
and the uncertain pilot agreement at American
Airlines, creating a perceived need to slow down
these ‘end game’ negotiations so as to take into
consideration these breaking developments.
“I remind everyone in this room that the
bankruptcy of United Airlines, the company's
‘fresh start’ from the courts and now the
consummated merger between United and
Continental all took place long before these
‘market developments’ that the gentleman seems
so intent in following. If United Airlines wants
to sit back and wait for these market
developments to play out before reaching closure
in this room, I would find that astonishing, and
bordering on incredible. I will leave it to
others to characterize that attitude in other
ways. If anything, I have been criticized of
being an optimist that we will be successful. I
truly believe that we need the enforcement of a
release to coincide with these end game
negotiations.
“I hope we are all negotiating in the same
universe.”
The remainder of the day was
spent in separate Scope, Retirement & Insurance
and costing discussions with management.
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UAL v. ALPA: Preliminary Injunction
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The United States
District Court has issued a preliminary injunction.
(
Click Here
to read the
Preliminary Injunction Order.
Click Here
to read the
Memorandum Opinion and Order). The injunction
enjoins ALPA, the individual defendants, and all
persons and organizations acting by, in concert
with, through or under them, or by and through their
orders, from calling, permitting, instigating,
authorizing, encouraging, participating in,
approving or continuing any interference with
United's airline operations, including but not
limited to any strike, work stoppage, sick-out,
slowdown, work to rule campaign, concerted refusal
to accept voluntary or overtime flying, or other
concerted refusal to perform normal pilot operations
in violation of the Railway Labor Act.
The
Court has directed that all United pilots resume
their normal individual working schedules and
practices, and ALPA is hereby instructing all pilots
to cease and desist from engaging in any slowdown,
sick-out, work to rule campaign, refusal to accept
voluntary or overtime flying, or other concerted
refusal to conduct pilot operations in the normal
manner. With this message ALPA is instructing that
you cease and desist all such activity and cease and
desist from all statements or communications
encouraging such conduct.
We must comply
with the Court's direction. This is about all of us,
because each of us will be at risk of court fines or
company discipline if we engage in any
Court-prohibited activity or if we encourage others
to do so. Do not engage in any form of sick-out,
improper use of sick leave, improper use of fatigue
calls, slowdown activity such as intentional delays
in the operation, pressure or harassment of other
pilots for taking overtime flying, concerted refusal
to accept junior/senior manning, or any other form
of economic pressure, and do not encourage others to
do any of these things. We must resume normal
individual working schedules and practices. Again,
these are requirements of the Court, and we must
comply starting immediately.
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United
Master Executive Council of the Air Line Pilots
Association
9550 W.
Higgins Road, Suite 1000
Rosemont, Illinois 60018 | 847/292-1700
www.ualmec.org
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