Politics

By now you are all familiar with my position on our so called negotiations. I ask you to take a look at the beneficiaries of the actions to date. While we are asked to put our jobs on the line, Delta pilots get to see a union strengthening attempt by which they could benefit, at no risk to themselves. Heppner gets to see himself as the white knight taking the fight to the management thieves that he likes to blame for our duress, regional affiliates get to see their market share exploding overnight as we shrink operations..........and you get to watch this all happening, from the outside. Ihear it time and again:"it's been too long, we must do something. Management continues to drag it's heels" etc etc etc. To buy into this kamikaze strategy you have to first accept two things: one, that we presented a reasonable offer to them, and have attempted to move towards a mutual solution. Two, that our union leader really wants that solution. Let me say here and now that I don't believe we have acted in good faith. ALPA, if you want to disprove this accusation, release the minutes of the meetings and offers/counter offers. Regarding the second accusation, ask yourselves this: why has our leader set us on a divisive path with management and CAL pilots? Why did he undermine Wendy Morse' leadership organizing spurious "special" MEC meetings? why did he file for release without consulting Pierce? Why has he continued to personalize and antagonize our CEO, when he knows that could result in irrational and mutually destructive decisions? These are all symptoms of megalomania, and I believe he should be removed from office immediately. If not, you will pay.

The Real End Game

                                                                  The Real End Game

May 27^th issue of the Leading Edge:  The Chapter Entitled “United Mainline and the RLA” leaves us with the cryptic comment “to be continued….”

I cannot believe that you, the ALPA member reading this, are prepared to accept this form of insult. There is only one step after the litany of procedures that are enumerated here, and ALPA cleverly omits it, hoping you are too dumb to find out for yourselves. It is this: After the release from the NMB, and after the proffer of arbitration, and after the thirty day cooling off, and after the Presidential Emergency Board (“In practice, PEB’s are relatively rare” they say……………………. ….well…duh…everything is relatively rare…..we don’t strike every day),

What happens is Congress gets to write your contract. Let me repeat that for the slow witted:

 CONGRESS-GETS-TO-WRITE-YOUR-CONTRACT.

That

Is

The

End

Game.

Best of luck.

Mass hysteria and the duping of the pilot group.

It's finally come down to it. Your fearless leader Heppner wants you to walk off the property.
1)Do you know what you have been offered?
No.
2)Will you know the results of the strike vote.
No.
3)Did Heppner consult with his peer  before petitioning the NMB for release?
No.
4)Are we working towards a contract?
No.

Those are the facts. I am sure many of you dispute them, so let's take a look at the reasoning of ALPA in each one:

1) ALPA has stated repeatedly that this must be kept secret for negotiating purposes. The company could use the information against us. Fine. There are two inconsistencies with this statement. First, when we walk off the property we are ceasing to negotiate. All bets are off, so there is no point in being coy....unless you don't want the membership to know. Perhaps they might like what was offered and undermine the kamikaze plan?  Second, Pieter Velzeboer (SPSC chair) seemed to have no qualms about disclosing the potential benefit of a false strike vote "voting yes may be the best way to avoid a strike". i.e Say you are going to strike but don't plan  on it. Give the MEC the power and hope they don't use it. What utter rubbish. Gamesmanship with YOUR life. But as a ploy it becomes ineffective if the company knows about it. Which they do as he posted it publicly.
2) Dan Swanson stated that the MEC will decide IF, when and in what manner the results will be publicized. Read between the lines. If it's not overwhelmingly positive, YOU WILL NOT BE TOLD.
3) I am not sure when Heppner would have come clean as quickly as he did were it not for the pressure put on the communications committee by yours truly in publishing the CAL pilots disdainful reaction to Heppner's political move. This was after two weeks of stonewalling by Swanson et. al. at UAL ALPA.
4) Recently I have encountered two ALPA reps. One told me that he had it on good authority that we are seeking to increase the pilot cost from $800 million per annum to $ 2 billion per annum. A 150% cost increase based on pay, retirement and work rule changes. Even the most favorable arbitrator, or the most dispassionate observer would agree that this kind of stance is a demand that can never be met without bankrupting the airline. It is a non starter. (And you wonder why the company is dragging its feet?). The second told me we are seeking what amounted to $800 million in signing bonus'/retro pay.  i.e 60% of all last years profits gone in one swoop. It would be hilarious were it not so dangerous. How accurate these numbers are I have no way of knowing because the reps I pay for will not tell me what I should rightfully know.

ALPA has persistently refused to act in good faith. It has lied to its members. It has never put forward a reasonable offer to the company. It has not told its members a single detail of the pros and cons of the talks. It is conning them into sacrificing their livelihoods for the sake of a mad dream by its chairman.
I predicted this many months ago: That we would be asked to quit our jobs without knowing why. Now the time has come. To vote FOR a strike without knowing what we have been offered is in my mind, insane.
If, indeed, as they claim, the company is dragging their feet then SHOW US! Show us their first offer and show us their current offer. Let us decide. This is a democracy.
But that's what they called Nazi Germany too.

June 15th PREDICTION

Your union leaders will be unable to reach an agreement with management on the contract and will call for release from mediation and a strike.
Why am I so certain of this?
Because they have demonstrated no other desire from the outset of negotiations. From day 1, demanding the United contract as a template, with all is built in inefficiencies (even though it had LESS SCOPE PROTECTION FOR YOU), to the dismissal of management's opener, to the refusal to accept binding arbitration, and now the "End game" fiasco, which is designed to kill any agreement before it is reached, your union leaders have pushed us further down the road toward a strike. Much as I have been chastised and mischaracterised, leading me to the unfortunate position of being the union's antagonist, management has suffered the same fate. A management that would have at some point come to an agreement more acceptable to you is now positioned to dig in its heels with the objective of, along with fiscal responsibility and a sustainable vision for the future, rid itself of the factions within the pilot group that would rather see mutual failure than give any creedance to management's claims.
The junior pilots will suffer the most (as always). Your careers will be over as most of you are among the 50-ish age group and therefore unemployable in this field.
I fully expect the union to commit to the strike, and to maintain it for a substantial period, causing management to hire replacements (which will NOT be furloughed to make room for your return...read the case law).
Your solution to this dilemma is to look at the facts, the history and the behavior of the parties involved, and make your OWN educated decision. Most, unfortunately, will succumb to the comfortable herd mentality in the mistaken belief that "We can't all be wrong".
At least demand from your leaders the full, unedited minutes of the negotiations itemizing what was offered and refused so that you can see what is being demonstrated.
I do not wish any of you ill, but if, by your own free will, you walk off this property never to return, you have my sympathy but not my support.

Continental MEC and their position

As you know by now, I have made every effort to get our MEC to tell us what they are doing, why they are doing it NOW, and if the Continental PIlots are on board with the plan. The United MEC has seen fit to stonewall me and display their usual arrogance. For two weeks I asked them for answers and got absolutely NOTHING. I turned to the Continental MEC directly and in ONE DAY, they sent me this. Please read it thoroughly as it explains why Heppner et. al. were refusing to say anything.
The following is a mesage for the Continental MEC to their pilots:

Today is Friday, April 27, 2012 and we have 5 items for review today.

The last two weeks have been among the most interesting and the most frustrating in our tenure as your elected reps.  We understand that the result for our pilots has been a renewal of questions about the path to a deal under the RLA and the strategy of a “petition for release”. Questions have been raised about joint strategy and the value of unilateral strategic decisions. Please bear with us while we try to answer some of your concerns. Put on your strategic hats as you read and be mindful of how all of these pieces tie together. 

Item 1:  “Petition for Release”

In December of 2010, management and the JNC entered into mediated negotiations for our Joint Collective Bargaining Agreement.  As you all know, we have negotiated since then with an ever increasing presence from our assigned mediator, and recently, the addition of the Senior mediator for whom he works.  All of this occurs under the supervision of the three member National Mediation Board. It’s important to keep in mind that the role of the NMB under the Railway Labor Act is to facilitate a deal so as to avoid a disruption in interstate commerce, not to “allow us to go on strike”. A strike is not the goal of mediation,  it is the failure of the process.

In mediated negotiations, the NMB will decide how long to keep the parties in negotiations (or, in the alternative, not schedule negotiations, i.e. put the parties “on ice”) before moving on to the next step.  What is that next step?  Either party (management or ALPA) may petition to the NMB, or the NMBmay offer on its own, for a proffer of arbitration. A “proffer” is a request that the parties agree to resolve their difference in binding arbitration.  If either party declines this offer, which is the norm, a 30 day “cooling off” period begins the day after either party declines, during which the pilots MAY NOT engage in “self-help,” but negotiations may continue in an attempt to come to a deal. If, after 30 days, there is no agreement, both sides will be released to “self-help” (a strike or other legal job action in our case and a lockout or unilaterally imposed contract terms in the case of management.)  However, if the NMB believes a release will cause significant harm to commerce, it will recommend that the President convene a Presidential Emergency Board.

The PEB is a three person panel appointed by the President, tasked with writing a report with recommendations for resolution of the items in dispute. Once a PEB is convened, any release to “self-help” is, at that point, further delayed until 30 days after the PEB report is released. This report is non-binding and, therefore, may be declined by either party. As we stated, the release may commence 30 days after the report is issued- unless, Congress steps in, legislates an agreement, and imposes it on both parties.

It bears repeating that the role of the NMB is to facilitate a deal, not a strike. A release to “self-help” is a tool used by the NMB as a last resort, generally when they believe it is the only remaining path to a successful conclusion to the negotiations.  The release will only happen if the NMB believes that all remaining avenues have been exhausted, that maximum effort has been applied to negotiate a deal and that the number of open items remaining is small enough that they can be resolved in a relatively short amount of time.  This is not speculation or opinion, this is what the NMB officials have told us directly many times.

Item 2:  Unity and Joint Strategy

We hear all the time “Management fears unity” and “Our leverage is in a unified pilot group and unified union leadership”- this is a common theme in all negotiating cycles. We hear those same sentiments now in our path to a Joint Collective Bargaining Agreement for all of the pilots of United Airlines and Continental Airlines. While there is truth to these sentiments- it is an incomplete truth.  Our leverage comes from unity behind a sound joint strategy.  Unity behind a flawed strategy instills no fear and brings no leverage- it merely provides management with an entertaining side show to enjoy while they have their way with us.  When negotiating a joint agreement, the ONLY sound strategy is one built jointly from the ground up, one that is properly vetted and implemented jointly and with the best interest of both pilot groups, as advocated by all the duly elected representation, being paramount.  Each and every pilot working under United Continental Holding, Inc. deserves to be protected and represented in every negotiating strategy decision- whether they wear a black uniform to work, or a blue one.

As you have heard from your MEC and your MEC Chairman, two weeks ago, CA Pierce, as directed by our MEC, agreed to a process of using small group negotiations, with an appellate process to break logjams with the goal of reaching the terms of an agreement by mid- June. This process was approved by CAs Pierce and Heppner and the company under the supervision of the NMB and was modeled after the small group negotiating setting under which the recent uptick in progress occurred. Ironically, this same process, in its commitment to methodically negotiating through open items should also have the result of paring open items down to a number where a request for a proffer of arbitration would be appropriate.  Last Monday, CA Heppner announced his initiative to “petition for a release” on June 1^st if we have no deal.  You all know by now that your MEC was not included in that decision, the planning or the vetting of that strategy.  Additionally, CA Heppner announced that they had hired a lobbying firm to “put pressure on the NMB”. Again, we were not briefed on or included in the decision.  Many pilots have contacted us to ask Will this work? What happens June 1^st? How does a lobbyist help?  These are good questions.  We laid out the process in Item 1, but, as for the rest….We simply don’t know, CA Heppner hasn’t told us.

Last week your MEC directed CA Pierce to work with CA Heppner to put together a protocol to how and when any “petition for release” would be pursued, to be agreed to by both parties. In other words, we asked to enter into their strategy as full and equal partners- to protect your rights and represent your interests. Additionally, we directed him to get CA Heppner to set up a briefing for him by their lobbying group.  CA Pierce had already gotten feedback from the NMB, on which he briefed us, and we were given input in session by our members of the JNC and our attorneys.  All we want is the complete picture of the plan by talking to all the parties involved, not just a lobbying group, so we can evaluate the strategy before we dive in. After all, that is what you elected us to do.  Thus far, those requests have been declined. Apparently, we are expected to jump aboard as passengers on a train already leaving the station, no questions asked. We simply cannot do that. Any attempt to marginalize your MEC, your MEC Chairman or your negotiators, marginalizes you- and the stakes are just too high for us to allow it.

Our commitment to you remains unchanged. We will support any strategy that moves us to the industry leading contract you have directed us to achieve. We will support any strategy that we believe will get us to that goal in the shortest amount of time. We will continuously assess timeline vs. quality in our efforts to achieve the RIGHT deal in the shortest amount of time. We will be constantly aware of the lessons we learned in the aftermath of Contract 02- deadlines can be met, but at what cost?  We know you are frustrated- so are we- but we won’t do this deal in a careless way simply to hit some target date that we didn’t set.  We know what that looks like, we live it every day.  We, too, want the best deal we can get in the shortest amount of time and are onboard with any viable plan to get us there without sacrificing quality. We also believe that our pilots deserve a voice at the table in any negotiating strategy we employ, both in the planning stage and the implementation. CA Heppner needs to brief CA Pierce on his strategy and work on an agreement to include us as equal partners- you deserve no less. 

Item 4:  Secretary-Treasurer Editorial

The overwhelming majority of our pilots are not interested, and even annoyed by, union politics and process.  You are justifiably tired of waiting, you want a great contract, and you want it right now. Believe me, we are right there with you. The unfortunate reality is that we must deal with the hand we have been dealt.  Our contract effort has been greatly complicated by many factors.  First, union membership is the lowest it has ever been in modern times, greatly reducing our political power. Second, Washington is flooded with corporate money.  Third, the courts have become tilted against unions in recent decades.  Fourth, most major news media outlets are controlled by huge corporations, and slanted toward the corporate viewpoint. Last, but certainly not least, we remain two separate pilot groups and two MEC's, yet we must jointly negotiate a common contract. 

It is easy to grab onto the sound bites that have recently been published in releases from the United MEC, and believe that ANYTHING different than what we have been doing, would be better.  Unfortunately, that would be playing right into management's hands.  Management stonewalled us for an entire year, but the reality is that we finally did begin to make MEDIATED progress on a JCBA in recent months.  I spoke one on one with our Negotiating Committee Chairman Captain Dave Owens for 45 minutes several weeks ago, and he provided me great details on the progress made to that point.  I was frankly amazed at how far management has moved to improve scheduling work rules beyond what any Continental pilot has ever experienced, at least since 1983 and before.  The slave labor days of no contract, C'95, C'97 and C'02 will finally come to a close.

Our MEC is willing to explore any SOUND strategy that will help us finish this agonizing process.  With that said, it would be a gross dereliction of duty, to simply rubber-stamp a United MEC strategy that Continental pilots did not take part in developing, and which we have not even been briefed on.  Continental pilots deserve representation all the way to the finish line.  We did not elect a single United MEC representative, and not a single United MEC representative has a duty to represent a single one of us.  Until the JCBA, SLI and merger are all completed, and we have combined into ONE MEC, the interests of the Continental pilots must be represented by the Continental MEC.A unilateral strategy on the part of either MEC is doomed to failure.  It is as reckless as it is arrogant, for the United MEC to unilaterally make and implement strategic decisions about our JOINT Collective Bargaining Agreement, which Continental pilot representatives took no part in, and first learned of via the press. This merger was announced on day one as “a merger of equals.” Indeed, it was the Continental shareholders who received a premium in the stock merger.  This merger does NOT in any way, shape or form resemble American Airlines buying Reno Air, or Southwest buying AirTran.  “Merger of equals” means equal partners in negotiating a JOINT Collective Bargaining Agreement.  “Equal partners” does not mean that one party unilaterally makes critical strategic decisions, then announces, “this is the plan, (blindly) follow us.”

With all of that said, our entire MEC recognizes the fact that we have all waited far too long to get out from under a terrible contract that completely gutted the already immature and incomplete IACP C'97.  If we persevere just a little longer, we can truly WORK TOGETHER with the United MEC as EQUAL PARTNERS to JOINTLY secure the JOINT contract we all deserve.  There is simply no other way.  Stay tuned, stay informed, and do not allow management to shift the blame – and your anger - toward our union.

Item 5:  Next Local Council Meeting

The next Local Council 170 meeting is scheduled for Monday, May 21, 2012 from 11 am to 4 pm at the Newark Airport Marriott.  Given current events, your LEC Officers strongly encourage all pilots who are off to attend this very important meeting.  No blastmail can take the place of hearing first hand all the happenings of this very intricate and sensitive process known as JCBA negotiations. Be an active participant and part of the process by attending.

Please continue to state, “This flight is proudly being flown by a Continental Airlines crew,” during your welcome aboard PAs.

That is all for today, thank you.

Fraternally,

Chairman Captain Jayson Baron

SO HEPPNER HAS DIVIDED THE PILOT GROUPS. I SAY IT'S TIME TO GET RID OF HIM AND HIS ENTOURAGE!

ALPA fails to come clean

After Jay Heppner's statement of April 17th stating his intent to request release from mediation I have made repeated efforts to get an answer on the Continental pilots' position on this move. Dan Swanson and the rest of the UAL ALPA communications team have refused to give me an answer on this. The Continental MEC's initial response was "We were not consulted or advized of this unilateral move". Whether or not that is still the case remains a mystery. Calls have been made to the CAL MEC requesting a position statement. Until we get a response from them we are in the dark. Meanwhile, the crew room festers with animosity and a culture of divisiveness thrives.
Well done Jay, Dan, Loren; this will be your legacy.

Divided

Congratulations Captain Heppner, you have now succesfully divided the workforce in your own selfifh quest to enhance your authority. IF you don't believe me, just look at the comments on the crew room denigrating Continental pilots for their "silence" in this matter. For those of you who don't get this, I request that you ask two questions:
1) Why NOW? Why did the international scope issue suddenly become important enough, NOW?
2) Why was Jay Pierce and the Continental group NOT CONSULTED? (We have this on good authority from their secretary treasurer)
It defies logical explanation, why one leader of a bipartisan workforce would unilaterally declare war on the opposition, unless..............it is a powerplay for absolute control. A gamble for power at the expense of the troops.
As of now, Heppner is in the driver's seat. Pierce is confronted with three options. He can:
1) Tell his guys "we didn't sign on for this, go to work if they (United legacy pilots) strike." Political suicide.
2) Honor the picket line WHICH HE HAD NO HAND IN CREATING. He is now Heppner's leiutenant.
3) Get on board before the deadline. He is now a camp follower.
Any way you slice it, this was a deft move by Heppner to gain power. There is only one problem with the plan as I see it: Heppner is gambling on not being released from mediation (no matter what rubbish to the contrary he is feeding his underlings) and if we ARE released, we have a fractured workforce in no shape to pull off a successful strike. Heppner's plan is to look tough and stir up a frenzy to mask the ineptitude and abject failure of his policies, while gaining the lead position at the table.
If anyone has a LOGICAL (not emotional) argument that disputes tis theory I would be glad to hear it. If all you have are angry epithets and mischaracterizations, save your breath, I don't have the time to babysit emotional cripples.