In an apparent attempt to convince the wholly owned and contract regional carriers to drink the ALPA Kool - Aid regarding the 'small jet protocol', US Airways management came up with this response.
God help the pilot group that swallows this piece of filth. Why would any of the USX regional carriers accept this when they would most certainly end up with 'small jets' whether they sign on to this abortion or not? No offense to current or potentially furloughed AAA pilots, but do you honestly think that you are entitled to bootstrap onto the regionals' hard fought jet pay rates and work rules when your pilot group has consistently offered the carrot and followed up with the stick over the 'small jet' issue?
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THIS LETTER OF AGREEMENT is made and entered into in accordance with Title II of the Railway Labor Act, as amended, by and between US Airways, Inc. (hereinafter referred to as the ?Company?) and the Airline Pilots in the service of US Airways, Inc. as represented by the Air Line Pilots Association (hereinafter referred to as the ?Association?).
WHEREAS the Company and Association previously entered into a collective bargaining agreement with a duration of five years, from January 1, 1998 to January 2, 2003 (?Agreement?) and
WHEREAS the Company and Association entered into a Letter of Agreement entitled ?INTERIM SMALL JET AGREEMENT? on April 7th, 2000 to modify Section 1(B)3.d.(4) of the Agreement to authorize operation under the Company?s designator code, name, logo, or marketing identity of up to 35 additional Small Jets for competitive reasons, and
WHEREAS the parties agreed to enter into further negotiations after the ratification of the INTERIM SMALL JET AGREEMENT to fashion an additional agreement which would enable the Company to increase the deployment of Small Jet aircraft in the future, and
WHEREAS, the Company and Association have discussed the Company?s need to compete with the other major carriers by obtaining authority for additional Small Jets to be operated under the Company?s designator code, name, logo or marketing identity, and
WHEREAS, the parties have agreed that it would be most expeditious to negotiate an agreement whereby the Company would be granted an additional exception to Section 1(B) 3.d. (4), and Letter of Agreement 79 to allow the Company to obtain additional Small Jets, provided that the Company agrees to job protections that are necessary to the US Airways Pilots:
NOW THEREFORE the parties agree as follows:
1. Further Exception for Small Jets
a. Notwithstanding Section 1(B)3.d. of the Agreement, and Section 1. of Letter of Agreement 79, INTERIM SMALL JET AGREEMENT, Domestic Air Carriers other than the Company may operate under the Company?s designator code, name, logo or marketing identity a maximum total of four hundred twenty (420) aircraft that utilize a turbine-driven engine without an external propeller (?Jet Aircraft?), provided that: (1) no more than one hundred thirty-five (135) of such Jet Aircraft have, under the laws of the United States, a maximum passenger seating capacity of no more than seventy (70) seats and a maximum certificated gross takeoff weight of no more than 85,000 pounds; (2) and the remainder have a maximum seating capacity of no more than fifty (50) seats and a maximum certificated gross takeoff weight of no more than sixty-five thousand (65,000) pounds (Collectively, ?Small Jets?) and provided further that the Company satisfies all of the remaining conditions of this Letter of Agreement. All such Small Jet operations by Domestic Air Carriers shall be known in this Letter of Agreement as ?US Airways Express Small Jet Operations.?
b. Unless specifically defined in Paragraph 2 below, nothing in this agreement shall preclude or restrict the Company's authority to operate Small Jets in the US Airways Express Small Jet Operations, either with respect to the number of such Small Jets or their manner of operations, as authorized under Section 1(B)3.d.(4) and Letter of Agreement 79, INTERIM SMALL JET AGREEMENT (the "Existing Small Jets").
c. Upon a tentative agreement to this letter, initialed by the ALPA and Company negotiating committees,
i. the Company will be immediately authorized (subject to paragraph 1.c.ii. below) to operate 20 additional Small Jets (the First 20 Additional SJs) in the US Airways Express Small Jet Operations; however
ii. the operation of the First 20 SJs is subject to the Company?s securing contractual commitments from the US Express Small Jet Operators that employ the pilots to initially staff the next 20 Small Jets (the Second 20 Additional SJs) that all such positions will first be offered to furloughed US Airways pilots. If the Company is unable to secure the contractual commitment to staff the Second 20 SJs with US Airways pilot furloughees, then it will not be permitted to operate additional RJs pursuant to paragraph 1.c.i.
{ The effect of this provision would be to agree to a change to the US Airways pilots Scope language and that change would not be subject to MEC or pilot ratification. The committee?s response to this provision was that the MEC is the only authority and the only body that can determine whether or not any agreement would be subject to pilot ratification
d. Upon the date of signing of this agreement, the Company shall be authorized to operate in the US Airways Express Small Jet Operations up to one hundred and seventy-five (175) Small Jets (the "Phase 1 Small Jets") in addition to the Existing Small Jets. No more than 100 of the Phase 1 Small Jets may exceed fifty (50) seats and a maximum certificated gross takeoff weight of more than sixty-five thousand (65,000) pounds.
e. Upon such date as the Company shall operate two hundred and forty-five (245) Small Jets (representing the Existing Small Jets and the Phase 1 Small Jets) in the US Airways Express Small Jet Operations, the Company shall be authorized to operate up to 175 additional Small Jets (the "Phase 2 Small Jets") in the US Airways Express Small Jet Operations subject to the additional furlough protections in Paragraph 3 below.
2. Operating Protections
The following protections apply to all US Airways Express Operations:
a. Hub to Hub Flying.
A maximum of six percent (6%) of Express flight segments may be flown nonstop each month by Small Jets between two airports, both of which are a US Airways "Hub City." "Hub City" shall be defined for purposes of this Letter of Agreement as (BOS), (CLT), (LGA), (PHL), (PIT) and (DCA). Express flight segments between LGA and DCA, BOS and LGA, and DCA and BOS shall not be counted towards the six percent (6%) to determine compliance with this provision.
b. Hub Bypass
A maximum of twenty-five (25%) of Express flight segments may be flown each month nonstop between two airports neither of which is a ?Hub City,? with the exception of Express flight segments that originate or terminate west of the Mississippi, in the Caribbean, in BWI, or that operate intra-Florida.
c. Stage Length Restrictions.
At least seventy percent (70%) of Small Jet segments shall operate each month in stage lengths of 950 statute miles or less.
d. Size of Express Operations.
The total number of scheduled available seat miles flown in US Airways Express Operations (utilizing jet or prop equipment) in any twelve-month period shall not exceed eighty percent (80%) of the total number of scheduled available seat miles flown on the mainline, as measured by the total available seat miles flown on Widebody and Group 1, 2, and 3 equipment for such twelve-month period. The Company shall be excused from compliance with the provisions of this paragraph as a result of any force majeure condition noted in Section 1(G)3 of the Working Agreement.
f. Size of Mainline Operations.
For the duration of this agreement, the Company shall not reduce the number of Mainline aircraft as a direct result of adding a Small Jet(s) to the US Airways Small Jet Express Operations.
3. Additional Furlough Protection
For each Small Jet operated in the US Airways Express Small Jet Operations above two hundred forty-five (245), the Company shall protect from furlough, subject to Section 1(G)3 of the Agreement, an additional eight pilots, in seniority order, starting with the most senior pilot placed on the Seniority List after January 1, 1998. This paragraph shall not require the recall of any furloughed pilot who is provided furlough protection pursuant to this paragraph.
In addition, US Airways shall exercise commercially reasonable, good faith efforts to secure preferential hiring status for furloughed US Airways pilots for Express vacancies created by the introduction of additional Small Jets into their respective fleets consistent with the guidelines described in Attachment A. (See Attachment A).
4. Recall Rights
Except as specifically enumerated in this Letter of Agreement, nothing in this document shall diminish the recall rights of any pilot who wishes to return to the Mainline upon recall.
5. Exceptions To Scope Restrictions
Any aircraft deployed by US Airways Express Operators for flight operations not conducted under the US Airways name, its designator code, its logo, marks or marketing identity currently or in the future used by the Company, shall not apply toward any contractual limits or related scope provisions specified in this agreement, the US Airways Pilots Working Agreement and related Side Letters.
6. Access to Information
The Company shall provide to the Association, subject to a mutually satisfactory confidentiality agreement, all historical information reasonably necessary to determine compliance with all limits and conditions specified in this agreement.
7. Enforcement
This Letter of Agreement shall be regarded as an amendment to Section 1 of the Agreement and shall be subject to the expedited System Board of Adjustment procedures under Section 1 of the Agreement.
8. Resolution of Grievances
The Association agrees to withdraw with prejudice the following grievances upon the date of signing of this agreement:
· MEC # 01-10-01 (Force Majeure, Violation of No-furlough, Minimum Captain)
· MEC # 01-08-08 (LOA # 52 Minimum Block Hours)
· MEC # 01-10-04 (Transfer of Route Segments, Violation of 1(B)4.a)
· MEC # 01-08-07 (Mesa Flying RJs certificated to 70+ seats)
· Any other grievances related to Small Jets that may be filed during the course of these discussions
9. Labor Dispute
During a US Airways Express Small Jet Operator labor dispute involving lawful, self-help activities pursuant to the Railway Labor Act, the Company will not perform training of pilots for service as employees of that US Airways Express Small Jet Operator in connection with such labor dispute.
10. Duration
This Letter of Agreement shall become effective on the date of signing and shall remain in effect without interruption through the effective date of the collective bargaining agreement between the Company and Association that succeeds the Agreement (the ?Successor Agreement?), and thereafter this Letter of Agreement shall remain in effect concurrent with the Successor Agreement. Neither the Company nor Association may, without the other?s consent, propose any modification to any provision of this Letter of Agreement intended to take effect on any date prior to the amendable date of the Successor Agreement.
[Note: Paragraph 8 is contingent on the final language of this LOA]
IN WITNESS WHEREOF, the parties have signed this Agreement this _____ day of ________, 2002.
FOR THE AIR LINE PILOTS FOR US AIRWAYS, INC.
ASSOCIATION, INTERNATIONAL
______ _______ _____________________________
Duane E. Woerth, President John M. Hedblom
Vice President -Labor Relations
WITNESS: WITNESS:
_____________________________ _____________________________
Chris Beebe Greg Gibson
MEC Chairman Vice President, Flight Operations
_____________________________ _____________________________
B. Kelly Ison Anthony J. Bralich Jr.
Chairman, Negotiating Committee Director, Labor Relations - Flight
_____________________________ _____________________________
Philip P. Carey Michael Minerva
Negotiating Committee Director, Labor Relations ? Flight
. ._____________________________
Jeffrey L. Tokash
Negotiating Committee
. ._____________________________
Gerry A. McGuckin
Negotiating Committee
Attachment A to Letter #81
. .Guidelines for Preferential Hiring by Small Jet Operators
Letter #81 requires the Company to exercise commercially reasonable, good faith efforts to secure preferential hiring status for furloughed US Airways pilots for Express vacancies created by the introduction of additional Small Jets.
Accordingly, the Company will seek agreements with Domestic Air Carriers engaged in US Airways Express Small Jet Operations ("Express Operators"), using the following guidelines:
1. Preferential hiring status will apply to vacancies created by the addition of new Small Jets to the fleets of Express Operators. Preferential hiring status shall not apply to (a) the 70 Small Jets permitted prior to the effective date of Letter #81; (b) Small Jets already operated by an Express Operator; or (c) Small Jets operated other than under the Company?s designator code, name, logo or marketing identity.
2. A bidding system will be established at each Express Operator so that furloughees in the pool can bid for vacancies covered by these guidelines.
3. No furloughed US Airways pilot will be obligated to tender a resignation letter to US Airways to obtain employment with any Express Operator under these guidelines.
4. A pilot to be furloughed from the Company may request to be released early and placed on a personal leave of absence in order to attend initial training at an Express Operator.
COMPANY RESPONSE TO ALPA?s 01/10/02 RJ Proposal