Nitty-----thank you for bringing this document to the forum. I think that it will enlighten all outside viewers as to what started the ongoing “Hatfield and McCoy” feud between Polar and Atlas crewmembers continues to this day.
It shows the root cause (starting in Dec 2001) of all the discord between Polar and Atlas crewmembers that has prevailed over the past 7-8 years. It provides an explanation as to why the Polar MEC took the course of action he did at that time to protect the QOL issues and RLA provisions that the Polaroids had already won in their existing contract.
Here are a few excerpts from the Dec 2001 document that you posted from Polar’s attorney to Polar’s MEC concerning merger protocol negotiations between Polar and Atlas:
[Ref: 4 Dec 2001 Letter from ALPA PAC 23 Attorney to Polar MEC]
“……Atlas Air has also suggested that the Polar Crewmembers agree to be covered by the new Atlas Air Agreement if, and when, there is a complete operational merger.
To that end, Atlas Air is inviting the Polar MEC to attend the final bargaining sessions with the Atlas MEC/Negotiating Committee for the purpose of monitoring the conclusion of the negotiations.
Although the Polar MEC would not be an official party to these negotiations, the Atlas Air negotiators would consider proposed changes to previously tentatively agreed to provisions in the Atlas Air Agreement.
Some of the issues that would be the focus of such discussions are maximum days of work for the month, reserve duty and number of days of extended duty.
The Atlas Air negotiators have given no assurances that they will modify any tentatively agreed to work rules in the Atlas Air Agreement…..” [Polar Quality of Life Issues already addressed and won in their contract].
Now comes the beauty of the proposed Atlas Air Negotiators’ protocol procedures----
“….In addition to the option of permitting Polar Air to engage in Section 6 negotiations with the Polar Air Crewmembers when the Polar Air Agreement becomes amendable, Atlas Holdings has the option of merging the two groups before these negotiations get started.
The Atlas Air negotiators have said that Atlas Holdings would invoke certain provisions of the Polar Air Scope provisions (such as the LPP provisions) to attempt to ensure that the Atlas Air Agreement would apply to the consolidated group.
If successful in this approach, the parties to the Polar Air Agreement may be removed from the jurisdiction of the NMB and, thus, denied the opportunity for permissible self-help under the Railway Labor Act.
Instead, the resulting combined Collective Bargaining Agreement would be determined through tri-party negotiations and/or binding arbitration….”
Can you imagine? Who in their right mind would agree to these protocols? Give up rights so hard won?
Remember, Atlas crewmembers had no contract and were still basically “at will” employees. Polar had a contract with solid scope and QOL provisions. To be asked by Atlas Air negotiators and Atlas Air mgt to rely on their best efforts to incorporate Polar scope/QOL issues----to be told you, Polar, will only monitor, and that if, we, Atlas negotiators and Atlas mgt, cannot agree, then you, Polar will agree that some 3rd party or arbitrator will decide what your QOL/work rules will be.
Obviously, the Polar MEC "puked," negotiation/merger talks failed, eventually leading to a Polar strike in 2005, which further inflamed Polar/Atlas crewmember relations, hence, 7-8 years of continual bickering and finger pointing between the two groups.
Again, Nitty, thank you for posting this letter.