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Peanut from Arbitrator Nicolau
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The picture below, from an ALPA publication, illustrates the attitude ALPA adopted towards the American Eagle Flow-Through pilots. ALPA celebrates the fact that Arbitrator George Nicolau gave the Flow-Through pilots peanuts. There is no other explanation for this cartoon mocking the American Eagle Flow-Through pilots.
The Pilot Agreement was breached and George Nicolau agreed and ALPA celebrates by mocking the pilots who pay dues to keep the dysfunctional organization in "business".
Those pilots who mistakenly believe that the 824 "We prefer not to hire you" Agreement will be your midnight express, are in for a rude awakening.
If you have any courage, copy this ALPA cartoon and send it to George Nicolau with a "Thank You for the peanut" note.
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Posted on Sunday, June 06, 2010
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Letter to the FAA
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Office of the Chief Counsel
800 Independence Avenue SW
Washington, DC 20591
May 10, 2010
Re: American Eagle Airlines
Dear Sir,
I am writing to you to request that the FAA not "drop or radically reduce" the proposed $2.9 million and $2.5 million civil penalties levied against American Eagle Airlines for failing to comply with FAA Directives.
Although American Eagle Airlines professes a commitment to "absolute safety", its rhetoric does not match its actions.
The management culture at American Eagle Airlines is one of disregard for the FAA, the Federal Air Regulations, as well as labor agreements. American Eagle Airlines management believes it is above the law.
Below is an excerpt from a message from American Eagle Airlines CEO and President Peter Bowler to the airline employees dated April 21, 2010.
"Eagle ended the first quarter with a pre-tax profit of $744,000. Our results include charges for two civil penalties proposed by the FAA during the first quarter. Although we share the FAA's absolute commitment to safety, we believe the agency has erred in its review of the facts related to these cases. We will continue our efforts to have these fines dropped entirely or radically reduced, in which case we will reverse these charges accordingly."
For the FAA to continuously "drop or reduce fines" allows management to continue to disregard the law and perpetuates the "let's see what we can get away with" attitude which compromises the safety of the aircraft crew as well as the passengers.
American Eagle Airlines management purposefully under-staffs the necessary aircrew flight contingent and relies on "FAA self-disclosure" to mitigate enforcement action.
Sincerely,
signed Gavin Mackenzie
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Posted on Wednesday, May 12, 2010
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Letter to Arbitrator Nicolau
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The American Eagle management Hotline of May 7, 2010 included the following statement from managagement's mouthpiece, the Air Line Pilots Association.
"Pilots Must Not Correspond with Arbitrator Nicolau
This is prohibited, just as it is impermissible for individuals to have side bar conversations with a judge during a court proceeding."
This is not a court proceeding and ALPA will have ample opportunity, in a court of law, to tell its sad tale how ALPA misrepresented the American Eagle Flow-Through pilots.
Furthermore, in an undated letter from MEC Chairman Tony Gutierrez To All American Eagle Pilots, circulated on March 3, 2010, ALPA stated the following regarding Letter 3/ Supplement W:
"The MEC decided that the fairest method to resolve this issue was to place original negotiating intent and history in front of an Abritrator but also allow individual pilots with differing viewpoints to place their perspectives in front of the Arbitrator for his consideration in rendering a decision."
What happened to the pilot's opportunity to place their perspective in front of the arbitrator or was ALPA just lying as usual?
_________________________________________________________________________________________
Below is a copy of a letter I sent to George Nicolau. He can read it or discard it as he wishes. He issued an Opinion and Award on April 9, 2010 and he has since changed his mind three (3) times, in less than one (1) month, regarding just one issue - the "time to Captain at AA".
What information did George Nicolau use to issue his original Opinion and Award and what made him change his mind three (3) times, in less than one (1) month?
George Nicolau, Esq.
240 East 39th Street,
Ste. 34G,
New York,
NY 10016-7209
May 4, 2010
Dear Arbitrator Nicolau,
Re: Grievance FLO-0108
Accompanying this letter, please find two (2) documents.
The first is a letter signed by two (2) officers of AMR Corporation, on American Airlines/American Eagle letterhead stock, advising me that I was awarded American Airlines pilot seniority number 10794.
The second is a "hold harmless/will not sue" document that the Four (4) Parties to Letter 3/Supplement W are demanding American Eagle Flow Through pilots sign pursuant to your award in the above grievance.
Your remedy award in the Letter 3/ Supplement W Grievance FlO-0108 dated April 9, 2010 requires that American Eagle pilots, who transfer to American Airlines, are once again subject to meeting the requirements of "time to Captain" at American Airlines.
In 1998, 1999, 2000 and 2001, before an American Eagle pilot was awarded an AA seniority number they were required to meet the "time to Captain" at American Airlines. Many American Eagle pilots were denied an AA pilot seniority number because it was determined that they were too old and did not "meet AA's then current criteria for future promotion to Captain at AA"
The consequence of your award, in once again requiring American Eagle pilots to meet an arbitrary "time to Captain" requirement, is to deny American Eagle Flow-Through pilots their AA seniority number issued pursuant to Letter 3/Supplement W III. B. and the compromise reached between the Four (4) Parties, as testified to before Arbitrator Goldberg in Grievance FLO-0200, as to when an American Eagle pilot would be awarded an AA seniority number.
Furthermore, certain American Eagle pilots, who for the past eleven (11) years were in jeopardy of being displaced by furloughed American Airlines and TWA Airlines pilots, because they held an AA pilot seniority number, now find themselves, once again, in jeopardy by being denied the "employment opportunity at AA" because they fail to "meet AA's then current criteria for future promotion to Captain at AA".
With regard to the second document, many American Eagle Flow-Through pilots fail to read, in your award of April 9, 2010, where you require the Four (4) Parties be held harmless, and protected from legal action, before American Eagle Flow-Through pilots "are advised of the remedial components set forth" in your award.
It is of grave concern to the American Eagle Flow-Through pilots why the Four (4) Parties require that they be held harmless and protected from legal action "about my opportunity to accept a position as a pilot at American Airlines, Inc" and why AMR Corporation feels it is necessary to protect "any and all of their employees"; both statements are included in paragraphs 3 and 4 of the above document.
By using the phrase "any and all of their employees", AMR management is attempting to protect the pilot negotiators who, through their negligence in not demanding that American Eagle Flow-Through pilots be placed in new hire classes at AA after Arbitrator LaRocco's Opinion and Award, allowed AMR management to breach Letter 3/Supplement W.
It is unfortunate but your award, as interpreted by the Four (4) Parties, is a re-write of Letter 3/Supplement W, a trampling of past practice and precedent and further harm to the American Eagle Flow-Through pilots.
Sincerely,
Gavin Mackenzie
American Eagle Flow-Through Pilot.
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Posted on Saturday, May 08, 2010
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Letter 3 fiasco
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The AEPA has received an overwhelming number of calls and emails asking questions about the current status of the Award by Arbitrator Nicolau.
Unfortunately, the AEPA has very little information.
What is known is that ALPA once again lied to the American Eagle pilots.
Review the MEC Hotline for 4/2/2010 below:
Letter 3 Arbitration Update
On Tuesday and Wednesday, March 30th and 31st, attorneys and pilot representatives from ALPA, APA, Eagle, and American convened with Arbitrator Nicolau in Washington, D.C. at his request. The evidentiary portion of the hearing in Grievance FLO-0108 was concluded on March 30th. That was followed by presentation of detailed oral arguments to the Arbitrator concerning the numerous and complex remedial issues in this case. .
At the conclusion of the March 30th to 31st session the Arbitrator advised the parties of his determination that written briefs were not necessary. Given this development, we anticipate that Arbitrator Nicolau will issue a remedy award during the month of April.
Subsequent to the issuance of his award we will publish all available information related to the transfer of Eagle flow-through pilots to AA. We want to thank all Eagle pilots for their patience during this process. We are optimistic that in fairly short order, we will finally know how Letter 3/Supplement W will come to a close.
Nowhere in the above Hotline does ALPA acknowledge that the Four (4) Parties to Letter 3/Supplement W were feverishly and actively engaged in negotiations to starve off , circumvent or delay Arbitrator Nicolau's Award in FLO-0108.
It must be presumed that the Four (4) Parties to Letter 3/Supplement W, after meeting with Arbitrator Nicolau, at his request, did not believe that the Arbitrator's Award would suit any party other than to support the contractual rights of the "Flow-Through" pilots.
In a desperate attempt to protect their own interests, the Four (4) Parties have resorted to the failed 2007 negotiations to quickly reach a "settlement" to present to Arbitrator Nicolau to evade, dodge and thwart his Award.
The American Eagle "Flow-Through" pilots need to remember that ALPA, in the FLO-0903 arbitration before Arbitrator LaRocco requested that the Arbitrator not send any American Eagle pilots to AA. ALPA requested only additional AA seniority numbers.
The current settlement, as briefed by Cathy McCann to a large group of American Eagle management personnel, allows for the transfer of a token 35 "Flow-Through" pilots to AA. Other than the above token 35 pilots, the pay-off to each party is from their 2007 demands.
This settlement, in typical ALPA fashion, has been reached in such haste that answers to questions such as:
Dates of Transfer?
Pay Longevity?
Retirement?
Termination of AE pilots who do not wish to accept an AA position after 13 years?
Number of AE 'Flow-Through" pilots per AA class?
How and when are the additional AA seniority numbers (approx 750) issued?
etc.
and many more have not been answered.
The Four (4) Parties to Letter 3/Supplement W are desperate to avoid an Award by Arbitrator Nicolau.
AA management, Eagle management and the APA do not represent the American Eagle pilots, ALPA does.
Why ALPA agreeing to a hastily concocted "settlement" that harms the American Eagle pilots is unknown?
What ALPA is trying to hide is also unknown.
When information becomes available, the AEPA will disseminate the information to the American Eagle pilots immediately.
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Posted on Thursday, April 15, 2010
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A professional work environment
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The AEPA has been informed by a senior American Eagle pilot that offensive graffiti relating to "flow-through" pilots has appeared in the elevator that services the pilot's crew lounge at DFW. Additionally, the AEPA has been advised that the word "scab" has been used to describe senior American Eagle pilots who have chosen to exercise their Letter 3 rights.
The above is unacceptable behavior, constitutes harassment and creates a hostile work environment.
The AEPA recommends that any pilot who has what he/she believes to be a hostile encounter in the cockpit over this issue do the following:
1. For the safety of the flight, if you are a Captain, defer the operation until a replacement First Officer can be provided, or if you are a First Officer, remove yourself from the flight.
2. File an ASAP report detailing your belief that the absolute safety of the flight cannot be assured with a compromised cockpit/flight crew dynamic
3. Notify ALPA Professional Standards
4. Consider contacting the FAA at 1-866-TELL-FAA (1-866-835-5322)
Any pilot observing offensive graffiti or inappropriate material defacing company or airport property, please photograph, document and forward it to the AEPA.
administrator@aepa.org
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Posted on Tuesday, February 23, 2010
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Think about this!
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ALPA, AMR management, and the APA have tried every trick in the book to prevent American Eagle Flow -Through pilots from transferring to AA.
A very simple way for ALPA, AMR management, and the APA to achieve their goal of preventing Flow-Through pilots from transferring to AA would be to produce a document that proves to the American Eagle Flow-Through pilots that it would be financially harmful to transfer to AA but it would be financially beneficial to remain at Eagle.
Why have ALPA, AMR management, and the APA not produced such a document?
ALPA is even trying to spread the rumor that the majority of Flow-Through pilots do not want to transfer to AA anymore.
If the above is true, why has ALPA not conducted a "Bid" to ascertain how many Flow-Through pilots still wish to exercise their Letter 3 contractual right to transfer to AA?
ALPA, AMR management, and the APA are scheduled to meet with Arbitrator Nicolau this month and ALPA, the union that is supposed to represent the American Eagle Flow-Through pilots, by its own admission, does not know how many pilots still wish to transfer to AA.
Does the above signify a union that vigorously and aggressively represents its dues paying members?
ALPA worked harder to get the TWA Flow-Back pilots to American Eagle than it has ever worked to get the Flow-Through pilots to AA.
ALPA consented to negate and/or void the seniority rights of the Eagle pilots by agreeing to the demands of management and the APA to allow the TWA LLC new hire pilots to attend class at AA before the more senior American Eagle Flow-Through pilots, in contradiction of the ruling by Arbitrator LaRocco.
Think about it, and ask yourself why?
The answer is simple!
ALPA does not want "regional pilots" polluting the flying ranks of the major airlines.
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Posted on Monday, February 08, 2010
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Prevarication or just another lie
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The ALPA/management Longevity Initiative
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Posted on Friday, February 05, 2010
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APA/ALPA Press Release
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Below is a press release from the APA and alpa from October 23, 2007. All Eagle flow through pilots need to pay attention to the second paragraph. After two (2) arbitrations in favor of the Eagle flow through pilots, not a single Eagle pilot has transferred to AA. There can be no doubt that alpa is still working with the APA and AA management to keep Eagle pilots from transferring to AA until all the TWA pilots have been recalled to AA.
On May 28, 2007 Arbitrator LaRocco ruled that the TWA pilots, who were furloughed directly from TWA LLC, were new hire pilots when and if they reported to class at AA. Nine days later, June 6, 2007 AA placed TWA LLC new hire pilots in class and excluded Eagle flow through pilots in violation of Letter 3 and in defiance of Arbitrator LaRocco's ruling of nine days earlier. alpa never demanded then, and has never demanded since, that Eagle flow through should have attended that new hire class and subsequent AA new hire classes.
The answer is simple; alpa still has no intention of enforcing the rights of the Eagle flow through pilots under Letter 3.
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Posted on Monday, January 11, 2010
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alpa official rhetoric
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Attached below is a copy of Setting the Record Straight authored by alpa and management spinmeister, Val Jester.
Note the date - Wednesday, April 16, 2008 and then read the document.
The Jester claims in the 2nd paragraph that "alpa has argued consistently, forcefully, and unequivocally that the number-holders have meaningful and enforceable rights".
Really! Twenty (20) months after the above grandstanding by alpa's jester not a single American Eagle pilot has transferred to AA. Which is it, alpa is consistently useless and could not force a bowel movement or alpa is full of bullshit?
Review the 4th paragraph; the alpa jester says "alpa continues to aggressively represent the number-holding pilots in Letter 3 arbitrations".
Really! Even after four (4) arbitrations in favor of the American Eagle pilots and even though alpa attorney Klocke told the Arbitrator that alpa was not requesting the transfer of "flow-through" pilots to AA, and even after the last Arbitrator(Nicolau) ruled that "flow-through" pilots should have transferred to AA in June 2007, not a single American Eagle pilot has transferred to AA.
Read the last paragraph from the alpa jester: "We ask you to carefully consider the credibility and motives of the Letter 3 Coalition in light of the true facts before contributing $100"
Really! consider the credibility and motives says the alpa spinmeister. How about considering the credibility and motives of alpa now that you know the facts?
Four (4) arbitrations in favor of the "flow-through" pilots and not a single AE pilot has been transferred to AA even after 500+ furloughed AA pilots spent their furlough days at AE earning 18 year captain pay and alpa wants you to believe that it is "consistently, forcefully, unequivocally and aggressively representing the AA number holders.
Not a single "flow-through" pilot has transferred to AA.
What is the alpa response to this situation?
A "special MEC meeting" has been called for January 19, 2010.
Wonderful, how joyous. A special meeting that you will not be able to attend because it will be conducted in executive session. As a alpa member, read "executive session" to be a "secret meeting". A secret meeting, that you are not invited to attend, will be held so that alpa, the great pilot union, can discuss how it will explain to the American Eagle pilots that, in spite of the Arbitrator's Ruling that "flow-through" pilots should have transferred to AA more than two (2) years ago, management and the APA have said no and alpa has no choice but to comply with the wishes of management and the APA.
There are 539 "flow-through" pilots; as an American Eagle pilot ask yourself the following question - how would my quality of life change if 539 senior AE pilots were transferred to AA?
After you have thought about how your life would change if you were 539 numbers more senior at AE, ask yourself why you continue to pay monthly dues to alpa?
The document below by the alpa jester claims it is "Straight Answers For Those Who Respect The Truth"
Really! The truth is that alpa is preventing you from being 539 numbers more senior at American Eagle by not forcing management and the APA to execute the arbitrator's ruling and transfer the "flow-through" pilots to AA.
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Posted on Thursday, December 31, 2009
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alpa bullshit
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The AEPA would like to correct another piece of alpa bullshit regarding Letter 3.
In the Letter from MEC Chairman Tony Gutierrez incorporated as Article 1 in the MEC Hotline dated 12/18/09 and published yesterday, the following statement is made, in the second paragraph.
"Arbitrator Nicolau remanded the remedy back to the 4 parties. He stated that we could not seek his assistance for a minimum of 90 days."
First piece of bullshit: It stinks, but not too badly!
"Arbitrator Nicolau remanded the remedy back to the 4 parties" may not be the usual lumpy alpa bullshit but it is as close as you can get to lumpy alpa crap.
The 4 Parties asked Arbitrator Nicolau to allow them to "negotiate" the remedy.
Do not allow alpa to feed you lumpy bullshit by trying to insinuate that Arbitrator Nicolau, of his own accord, remanded the remedy back to the 4 Parties.
Page 2 of the Nicolau Award:
"If the answer is "yes," the question of remedy is to be returned to the Parties for determination, with the arbitrator retaining jurisdiction in the event a resolution is not reached."
Page 26 of the Nicolau Award:
"In accordance with the instructions of the Parties, the matter is remanded to ALPA, AE, AA and APA to formulate an appropriate remedy."
The 4 Parties asked Arbitrator Nicolau to return the remedy issue back to them.
The request by the 4 Parties to "remand" the remedy back to them, if Arbitrator Nicolau ruled for the American Eagle pilots - which he did - was nothing more than collusion, conspiracy and connivance to further delay the transfer of American Eagle pilots to AA.
alpa was complicit in the above collusion, conspiracy and connivance and it is still engaged in this contrived scheme.
Think about the above very carefully.
Arbitrator Nicolau was asked a very simple question:
Were American Eagle pilots who hold American Airline seniority numbers entitled to attend AA training classes beginning in June 2007?
His answer was - yes:
"As stated in the foregoing Opinion, American Eagle pilots who hold American Airline seniority numbers were entitled to attend AA training classes beginning in June 2007" (see page 26 of Arbitrator Nicolau's Opinion and Award).
Why would you ask the Arbitrator a simple YES or NO question and then say:
"Mr. Arbitrator, if you say Yes we want to negotiate a remedy"?
What were you hoping for - a No answer?
Were American Eagle pilots entitled to attend AA training classes? Yes or No!
The answer was Yes - therefore the remedy is simple as well - send them to AA.
Having said the above - the remedy is not simple if you want to make it complicated.
That is where alpa, the great pilot union, enters from Stage left.
AA management and the APA will do anything to keep the Eagle pilots from AA - alpa, the so called pilot's union, is there to help the APA.
Regional pilots are not real pilots so alpa will not enforce the Eagle Contract, in this case Letter 3. The AA pilots of course are real pilots, so alpa needs to lick their nuts.
As the AEPA has stated before; how much money is owed the American Eagle pilots who are being withheld from AA (the true remedy) can be paid to the pilots after they are transferred to AA. Why is alpa colluding to withhold the AE pilots?
The AE pilots do not have to wait for the money to buy a ticket to AA - the ticket was bought in 1997.
Second piece of bullshit: This is the turd that stinks.
"Arbitrator Nicolau remanded the remedy back to the 4 parties. He stated that we could not seek his assistance for a minimum of 90 days."
seek his assistance - bullshit - Arbitrator Nicolau said nothing about seeking his assistance.
What he said was:
"In the event that agreement on an appropriate remedy is not reached during the period of retained jurisdiction, any Party may, by motion, request that jurisdiction be exercised over the question of remedy. However, such request shall not be made within ninety days of the date of this Award."
jurisdiction be exercised- there is no assistance mentioned, unless you are a moron or you are conniving to delay transferring the American Eagle pilots to AA by requesting the Arbitrator now become a Mediator and help you "negotiate" a remedy.
Arbitrator Nicolau said very plainly, simply and directly - go away and if you idiots cannot reach an agreement in 90 days, any of you imbeciles can then ask me, and I will tell you the remedy.
American Eagle pilots were entitled to attend AA training classes in June 2007.
End of story.
If this does not occur after 90 days (January 16, 2010) the only reason is that alpa is colluding with AA management and the APA to stop any American Eagle pilot from transferring to AA.
Letter 3.VI.D states: "The neutral's (in this case Arbitrator Nicolau) decision on any matter within his jurisdiction may be enforced in federal court against any and all parties pursuant to the Railway Labor Act, as amended."
If alpa vigorously and aggressively represented the American Eagle pilots there would be no "we are waiting for management and APA to make up their minds" bullshit.
Arbitrator Nicolau would be asked to "exercise his jurisdiction over the question of remedy".
The simple question - Mr. Nicolau, what is the remedy?
A simple fax or email to Arbitrator Nicolau would do the trick. Why has alpa scheduled multiple days with Arbitrator Nicolau?
Mr. Nicolau ruled that American Eagle pilots were entitled to attend AA training classes in June 2007 - what do you think would be his remedy?
After Mr. Nicolau issued his remedy, IF alpa vigorously and aggressively represented the American Eagle pilots and AA did not comply with the Arbitrator's Remedy, alpa would be in federal court as per Letter 3.VI.D.
As the AEPA said IF alpa represented the American Eagle pilots.
The problem is that the great pilot union alpa is chattel - bought, sold and bent over by AA management and the APA.
That is why MEC Chairman Tony Gutierrez is lying to the American Eagle pilots when he says that "we could not seek the Arbitrator's assistance for a minimum of 90 days"
No assistance is needed; ask for the remedy and compel AA and APA to comply.
Unless of course the great pilot union alpa has already sold the American Eagle pilots down the river. Then alpa would need the assistance of the Arbitrator.
Lawsuits are messy and you cannot claim confidentiality.
An interesting question is why has alpa not advised the American Eagle pilots what it is demanding in these negotiations from AA management and the APA? The Arbitrator ruled in favor of the American Eagle pilots - the Eagle pilots are not beggars here. Unfortunately Eagle pilots are represented by the great pilot union alpo.
_________________________________________________________________________________________
It seems that pilots are having difficulty locating the DONATE button on www.aepa.org
The button is located on the right side of the "Home" page and is colored orange.
Just "click" on the button, fill in the form and follow the prompts.
Thank You for your support.
gavin@aepa.org
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Posted on Thursday, December 31, 2009
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