Dear Fellow Pilots:

The company has reported an increase in pilot sick leave and resulting flight cancellations.  I write to tell you that if anyone is considering or feels that they may have improperly utilized sick leave, they must cease doing so immediately – not only because it endangers our union but also because it threatens our ability to achieve our central goal -- the conclusion of a favorable Joint Collective Bargaining Agreement (JCBA).  If we continue down this path, we hand the company the opportunity to be relieved of any pressure to resolve these negotiations quickly, and we risk significantly delaying the conclusion of a JCBA. 

The company is also stating that some pilots have declined to volunteer for junior/senior manning in order to put pressure on the company in connection with the JCBA negotiations.  The Court’s injunction specifically prohibits us from a “concerted refusal to accept voluntary   . . . flying” and any such concerted refusal to fly must also immediately cease. 

As you know, we are fully and completely focused on concluding a JCBA and have applied all of our resources to accomplishing this task.  We have concluded that a meaningful deadline is the only way to push the parties to agreement, and we have been working in close coordination with ALPA National to obtain a release from the NMB to create the necessary pressure to bring about an agreement.  But make no mistake:  if the court finds that we have engaged in an improper sick out, or any other improper economic pressure activity, our ability to obtain a release or conclude a JCBA will be in serious jeopardy.  The NMB has the power to delay a release, and the court has the power to forestall a pilot strike – even if the NMB releases the parties.  Improper sick leave activity or other activity weakens our position in negotiations and makes it much more difficult to obtain a JCBA. 

Simply stated, improper use of sick leave or decisions that impact operations in order to pressure the company to threaten everything we have been trying to accomplish in recent months.  Any such activity must stop.  Instead, we must continue to behave just as we have done for the past four years.  Continue to do your jobs with the professionalism each of you has demonstrated for so long.    

Captain Ellis’ message yesterday directing that we provide a doctor’s note and coordinate with Flight Operations regarding sick leave calls in response to this situation raises several issues, and I assure you that we will raise those issues with the company.  We do not agree that the company is permitted to issue a broad directive like this, and we do not believe the company is permitted to require that you speak with the Flight Office concerning your medical status other than regarding the duration of your need to be absent.  We believe instead that such communications must continue to be, as they have been in the past, matters between United Medical, the pilot and his physician.  We intend to tell management that they are wrong.  If they do not change their position, we will tell you what you may or may not be able to do under existing law, and we will of course fight the company in the grievance process.   A copy of my letter to the Company on this issue is attached.

In the meantime, keep track of any expenses you incur and notify your LEC Grievance Committee of your experience and costs.  As for the call to the Flight Office, we will be issuing to you by no later than tomorrow what may be appropriately discussed in such a call and what you are entitled to respectfully decline to answer. 

For now, remember this:

If you are not fit to fly, comply with Captain Ellis’ directive.  We will challenge those aspects of the directive with which we don’t agree and we will advise you of the outcome of these challenges. 

If you are not sick, go to work, behave professionally, and together we will achieve the JCBA we deserve. 

Thank you in advance for your anticipated cooperation.

We are United,

Captain Jay Heppner

Chairman, United Master Executive Council

Attachment:  Letter to D. McKeen