Newsletter for December 2004

ALPA has helped its Mainline US Air members create a two tier system of representation for US Air pilots. Because ALPA helps Mainline pilots maintain a disproportionate amount of power, PDT and ALG ALPA members are delegated to a status of junior partner, left to negotiate for leftovers.

 During its initial bankruptcy filing, US Air announced plans to shrink its mainline fleet and expand its regional fleet. The resultant airline was to be comprised of a fleet where regional aircraft outnumbered mainline aircraft, possibly by two to one. This shift in fleet composition should coincide with a shift in the balance of power. No longer would mainline pilots outnumber regional pilots. 

According to US Air’s website, its mainline fleet consists of 282 aircraft while its regional fleet totals 294 aircraft. Current plans call for the addition of regional aircraft while its mainline fleet size is to remain the same.

Rather than involve all pilot groups in equitable negotiations for the new regional aircraft, ALPA helped mainline pilots maintain control of negotiations even for aircraft that were never intended for placement at mainline. When US Air announced plans to place new regional jets at its regional airlines, ALPA helped mainline pilots hijack negotiations. Regional pilots negotiated from a position of weakness. By the time our ALPA representatives met with company representatives the most important negotiations had already taken place with mainline pilots the beneficiaries.

This disparity of representation continues. Mainline First Officers at Mid Atlantic are typed in the Embrear while regional pilots are not. There is no reasonable explanation for this disparity other than to remind regional pilots of their place in the two- tier system of ALPA representation. The wholly owned pilots at Mid Atlantic receive no discount in exchange for their reduced representation. In fact, we even pay an assessment to provide health insurance to furloughed mainline pilots who turned down a position as a First Officer at Mid Atlantic.

ALPA has become an obstacle to the regional pilots of US Air. Unless we succeed, our careers and futures will continue to be undermined for the benefit of mainline pilots, even as they become the minority.

Our fight for justice cannot succeed  without your continued support. We need your financial support to bring ALPA to justice.

The case recently was randomly reassigned to a different Judge.  We have not as yet had our initial conference with the Judge, but we expect that that will be scheduled in the near future.  The conference will involve, among other things, a schedule for discovery and will provide a timeline for every important aspect of the case, from beginning to end.   Discovery, as you probably know, is a crucial part of the case; documents are exchanged between the parties, and this is the point at which plaintiffs seek to build the foundation of their case.  Following document discovery, we can expect depositions to be held. 

It is possible, though not quite likely, that ALPA will elect to make an early motion to dismiss.  More likely, ALPA will wait until the end of discovery to make a motion for summary judgment.  

We expect to amend our complaint to include recent events, and to add additional plaintiffs. We continue to monitor new events, including ALPA’s involvement in removing ALG pilots from their contract. We urge all pilots to pay attention and contact us with information they believe can help our cause.

Newsletter for December 2003

Our attorney, Michael S. Haber, acting on behalf of Pilots for Fair Representation, has initiated actions necessary to engage ALPA in a dialogue to put ALPA and the mainline MEC on notice that we plan to hold them accountable for their treatment of Piedmont and Allegheny pilots.

Duane Woerth and ALPAs Counsel received a letter from Michael S. Haber on October 29. The letter outlined our understanding of facts concerning LOA 83 and solicited a response to those facts. Mr. Haber wrote, in part, ?It seems to me that this set of events, if accurate, poses very significant issues as to whether ALPA is (and, for that matter, is even able to) adequately discharge its duties to its Piedmont and Allegheny constituencies. If that is the case, further action as to this matter is very likely indeed.? The letter closed by requesting a response addressing at a minimum whether Duane Woerth would agree to a meeting in Washington D.C. or New York and whether ALPA would consent to an extension of the statute of limitations.

ALPAs initial response, dated October 31, came from their outside counsel, Michael Abram, Esq. Mr. Abram sought the names of all persons on whose behalf Mr. Haber was writing before ALPA would consider our requests.

ALPAs counsel was likely trying to determine the size of our group, so as to gauge our determination and ability to support legal action. Another possibility is that he was checking to make sure the communication wasn?t initiated by Piedmont?s MEC.

In any case, our attorney sent a reply listing some of our names and again demanding that ALPA promptly respond to our previous letter.

ALPA then agreed that Mr. Abram, along with Jonathan Cohen, ALPA?s director of representation, would meet with our attorney. Mr. Abram completed his response with? Any questions of a statute of limitations or other litigation-related issues would be considered after that meeting.?

Mr. Haber is now coordinating the meeting and will advise us of our options after the meeting. The meeting will likely be held in the next several days. If it appears the statute of limitations might expire before any extension is agreed to, we will be prepared to commence litigation.

We will continue to provide updates as the process develops. We remind all pilots at ALG and PDT that time is running out for participation in this effort. We encourage all pilots at both ALG and PDT to become involved with our cause as it is the only tangible effort being made to correct the wrongs perpetrated upon both our pilot groups over the last ten years.