Trouble in Houston

surreal1221

Well-Known Member
Previous theories that attempted to explain the delayed process for acquiring a joint contract for the XJT/ASA pilots largely rested upon disagreements over which scheduling system platform to utilize, but perhaps there was a far more nefarious reason one side felt it was necessary to disagree to nearly so much, so often. And that disagreements regarding scheduling, B fund, vacation adjustments, were all nothing more than a smoke screen hiding the real reasons behind such extensive delay and failure to negotiate in good faith.

I was fortunate enough to receive some information regarding the current landscape that exists between both MECs. Information was shared with me that indicated both groups had retained lawyers for future SLI work. The ASA MEC secured the SLI lawyer that the United MEC utilized during its negotiations with Continental. Additionally, from the same individual, it was stated that the XJT MEC retained the lawyer the Continental MEC used. This is important due to the lawyer's different positions regarding when a seniority list snapshot should occur. One says at date of acquisition and the other says date of contract signing.

The lawyer retained by XJT MEC holds the position that a snapshot of independent seniority lists should be taken at the data of contract signing. This may explain why the XJT MEC has been dragging their feet during this whole process, in the very significant effort to capture the most during an SLI process by way of professing a declaration that the seniority list snapshot occurs at date of signing of a new contract. Consider for a moment the traditional, and widely held view, that for the purposes of an SLI, the seniority lists used have customarily been generated from date of acquisition/merger announcement. This process protects the integrity of an integrated list by not providing a windfall for one side that may benefit due to explosive growth (movement, etc., lord knows there hasn't been any legitimate growth Company wide since 4 Aug 2010).

Considering that certain members of the XJT MEC, and even CNC, were observers during the UAL/CAL SLI process, this seems to be an interesting decision taken by the XJT MEC. Certain members of past and current XJT MEC and CNC committee may have played a direct role in wasting the Company's funds and time by failing to negotiate in good faith over the past four years, in an effort to allow their already bloated seniority list to grow even larger and thus generate a greater windfall for their pilots. It is this belief, widely held by individuals close to negotiations, that may shine a light on the XJT MEC's failure to negotiate honestly. By doing so they attempted to provide an unacceptable springboard for many new and low seniority ExpressJet (XJT) pilots over and above long standing ASA pilots.

Mentioned by name as having direct involvement with this plot against ASA pilots are previous MEC Chairman Chris Grable, JNC Co-Chair John Wood, Scheduling Committee Chairman Steve McKnight, and Agreement Compliance committee member Ron Stevens. It was stressed to me that additional individuals may have played a role in developing this strategy, but that confidence was not high enough to name additional individuals.

One bit of evidence that suggests this play by the XJT MEC is indeed real was their inability to present a proposed seniority list during a meeting with the Company and ASA MEC, in the presence of an arbitrator, last week. Granted, the real work regarding an SLI cannot, and will not, begin until after a joint contract is ratified - but the foundational blocks, when asked by the Company last week, are not even at the job site for one party of this little dance. Seems odd that they couldn't present a list to be used after nearly four years of knowing these questions would be on the horizon at some point...considering that the traditional philosophy was that the independent seniority list as of 4 August 2010 only needed to be verified. Odd now that they can't even produce that list. Unless, of course, they planned all along to attempt to execute on an extremely progressive, and never accepted before, philosophy of integrating two seniority lists.

For anyone who thinks that this is not important, it may be a good time to highlight that one side has enjoyed higher attrition and higher hiring rates over the past four years while one side has seen marginal, if any, attrition, weaker hiring, and even less upgrade opportunities. This side, the ASA side, would have an even greater negative impact due to this merger if the XJT MEC's tactics were able to come out ahead.
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For this one ASA pilot, I now see that the charade of complaining about our PBS was nothing more than a wall of smoke concealing the true goal of our "Brothers" on the other side of the battlefield - to erode good faith negotiations, to delay as long as practical, and to milk the SLI process by using an extremely radical philosophy to integrate seniority lists.

And here I was thinking some of these guys were good folks. To say I am disappointed is an understatement. Clearly a number of individuals are at fault for the extended period of negotiations, and in no way am I saying I am disappointed by our collective No Vote. I am however, extremely disappointed in the behavior of certain individuals who were, and have been, entrusted by their constituents to make sound decisions that can protect their short-term career stability.

The time for games is over, but I am now, more than ever, extremely concerned that the games being played by the ExpressJet MEC are much more disastrous than I initially expected. My level of respect for their hard work over the past four years is now at a very low level due to this recent news and it concerns me that they would jeopardize the livelihoods of their pilots by wasting excessive amounts of negotiating capital and time on such a ridiculous scheme to undermine seniority.

Imagine if they had put as much effort as they have in developing this strategy into negotiating promptly, negotiating for five days a week instead of three, and working with all parties involved - we might actually have a contract that our pilots would have supported. But, alas, that didn't happen - and here we sit. More games, less results. We, all pilots working under the ExpressJet umbrella, need more results and less games from all parties involved.
 
Are there any repercussions for negotiating in bad faith?

I withhold judgement until I see proof. Not because I doubt you, but these are some pretty big accusations to be based upon "I heard from a guy." But as someone in a position on my seniority list who would be bent over the table, I say jail time is too soft a punishment.

No matter the reason, had they not wasted our time we more than likely would have gotten a contract knocked out in a reasonable amount of time, probably even before the company learned that it was suddenly in fashion to look for concessions from regional pilot groups.

Even if that was their game, I hope the ERJ guys see that overall, these guys boned all of us.
 
Seeing as the CAL lawyer's view of a timeline for a snapshot of the seniority list was not used during the UAL/CAL SLI and most arbitrators uses past arbitration as part of their decision making process, the concerns about a bloated seniority list being used probably shouldn't be realistic concerns. However, in arbitration, you never know what will happen so despite the past decisions, it could still be a reality I guess.

As far as the negotiating in bad faith issue... Remember, this is intra-union and the NMB (the ones who make calls about bad faith) don't care about that nor do they have any power to regulate that sector. If this was inter-union or union-company they could step in, but as both parties are ALPA represented, the NMB has no dog in this fight.
 
Seeing as the CAL lawyer's view of a timeline for a snapshot of the seniority list was not used during the UAL/CAL SLI and most arbitrators uses past arbitration as part of their decision making process, the concerns about a bloated seniority list being used probably shouldn't be realistic concerns. However, in arbitration, you never know what will happen so despite the past decisions, it could still be a reality I guess.

As far as the negotiating in bad faith issue... Remember, this is intra-union and the NMB (the ones who make calls about bad faith) don't care about that nor do they have any power to regulate that sector. If this was inter-union or union-company they could step in, but as both parties are ALPA represented, the NMB has no dog in this fight.

Thanks.
 
The lawyer retained by XJT MEC holds the position that a snapshot of independent seniority lists should be taken at the data of contract signing.

The lawyers on both sides will hold whatever position is in the best interests of their respective clients. Trust me on this.

As to the substance of the accusations, seems too conspiracy theory-ish to me.
 
Yeah, this sounds a bit like a conspiracy theory. No proof just hearsay. Sounds like something that is being used to divide the group rather than keeping us united.

I agree with this. This just seems like BS the ASA MEC might be spewing. The reality is both sides are losing planes and one side has significantly more attrition than the other. On top of that, it appears ASA will be loosing a larger percentage of their planes in the short term vs. XJT. Obviously, this part is very dynamic and contracts and retirement schedules are continuously changing.

It is of my personal opinion the ASA side of the house is frustrated and is using this as propaganda to divide our pilot group. Management also is likely being pressured from St. George to get their stuff in order because of a pending bid for work they are trying to get.

Lets stand together guys. I'm tired of reading about all of the finger pointing on APC, the crackpipe, and now this virus is infecting JC.
 
Really guys? His account got hacked because he has a dissenting opinion?

ALPA groupthink.... Ugh.
This has nothing to do with ALPA groupthink. He has an opinion, which he's entitled to, but he's preaching this as fact. That seems pretty apparent to me and others. Maybe we are all wrong?
 
I agree with this. This just seems like BS the ASA MEC might be spewing. The reality is both sides are losing planes and one side has significantly more attrition than the other. On top of that, it appears ASA will be loosing a larger percentage of their planes in the short term vs. XJT. Obviously, this part is very dynamic and contracts and retirement schedules are continuously changing.

It is of my personal opinion the ASA side of the house is frustrated and is using this as propaganda to divide our pilot group. Management also is likely being pressured from St. George to get their stuff in order because of a pending bid for work they are trying to get.

Lets stand together guys. I'm tired of reading about all of the finger pointing on APC, the crackpipe, and now this virus is infecting JC.

Your first two paragraphs don't exactly match the tone of the third one.

There has been no such official communication since the no vote from the ASA MEC that has so much even mentioned the other MEC in a negative manner.
 
I already provided my commentary on the information that I was provided. I respect the source and the information they provided to me. Conspiracy-theory'ish or not, it is the strong opinion of the source that this is what has been going on once things were not necessarily going in the direction the XJT MEC desired 2.5/3 years ago.

So, I am sorry, but I am not in a position to provide any other details beyond what I have already shared. Take it for what it is. To be clear, I am not here to make you believe what I shared - just that I shared it and that my initial singular source's information was confirmed accurate by two independent individuals who are also familiar with the events of the past week and a half.

@BobDDuck - Thanks for sharing that information. I viewed the past precedence as having greater strength than an individual lawyer's desire to use quite a progressive philosophy of integration, but considering the power of an arbitrator - anything is possible.

@Screaming_Emu - I certainly understand, and I do not blame you. However, neither one of us are involved in these processes. My relationships with individuals close to these matters have been developed over the past number of years. There are individuals I trust that are still members of this MEC and there are individuals I do not trust. My trust does not come easily. I respect the individual(s) well enough, and trust them well enough, that if they offer details that are of such significance, I believe what is being shared with me is an accurate representation of the reality in which they are living. To be honest, I never ONCE thought that such a dirty trick would even be pulled, hell - I didn't even show up on my radar. So, hey...information was verified by multiple sources, so here it is...for the digestion of all those desiring to consume it. As I said earlier, I am not and will not tomorrow, next week, or next month provide any additional commentary on the matter.
 
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Your first two paragraphs don't exactly match the tone of the third one.

There has been no such official communication since the no vote from the ASA MEC that has so much even mentioned the other MEC in a negative manner.

Your point exactly is???

I'm not placing blame on the ASA guys at all. I'm tired of seeing all of these attacks and finger pointing and it has to be coming from somewhere? I honestly could care less whether one side or the other is doing things that aren't right. I'm actually a little offended by some of the comments made by ASA people the last few days on the other sites. The regional pilot groups are finally getting more and more leverage the longer we keep this going. Why should we be in a hurry to get something done? Make these crappy managers sweat at take the heat. The bottom line is we don't have a TA that is even close to being acceptable.

It just seems like the past couple of weeks this pilot group has started taking steps backward instead of forward.
 
Seeing as the CAL lawyer's view of a timeline for a snapshot of the seniority list was not used during the UAL/CAL SLI and most arbitrators uses past arbitration as part of their decision making process, the concerns about a bloated seniority list being used probably shouldn't be realistic concerns. However, in arbitration, you never know what will happen so despite the past decisions, it could still be a reality I guess.

As far as the negotiating in bad faith issue... Remember, this is intra-union and the NMB (the ones who make calls about bad faith) don't care about that nor do they have any power to regulate that sector. If this was inter-union or union-company they could step in, but as both parties are ALPA represented, the NMB has no dog in this fight.
On the Airways/AA side those hired after the Dec. 9th merger are mostly expecting to be slotted in DOH with those hired on either side. Are you saying that that is not typically what is done, and we'll be slotted in in some other fashion? I can't for the life of me figure out why that would be a logical conclusion to an arbitrator.
 
Are you kidding? Management is laughing at you, all the way to the bank.

It's more like management is laughing at you and your generation. They've been doing it for 15+ years. Ya'll are the ones that bent over. You read what I said, let management take it. It's their own fault for getting us where we are now anyway. Screw em if they can't staff their excuse of an operation because they run at such razor thin profit margins.
 
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