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A stunning defeat for ALPA
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Nicolau Award on Remedy FLO-0108
The Nicolau Award is a stunning defeat for the Air Line Pilots Association International and because ALPA unfortunately represents the pilots of American Eagle Airlines, a devastating defeat for the American Eagle pilots. Do not be fooled, thirty five (35) token AE pilots will transfer to AA and after that, not one more AE pilot will transfer to AA.
"Time to Captain" will be the magic bullet used to terminate any potential AA transfer.
"Preferential Hiring Agreement" - every airline in the world hires who it prefers. If any pilot has too many sick calls, too many missed assignments, too many "unavailable" on your day off, you will not be one of the preferred 824.
You will continue to be bent over by ALPA and management and do what you are told, if you want to be one of the preferred 824.
A Stunning Defeat for ALPA
Allow me a moment, if you will.
In the arbitration of Letter 3 Grievance FLO-0903, the following was the question asked of Arbitrator LaRocco.
".....whether former Trans World Airlines (TWA) pilots placed on the AA seniority list filled or may fill "new hire positions" in "new hire classes" within the meaning of Section III.A of Letter 3/Supplement W"
Every American Eagle pilot is aware that Arbitrator LaRocco, in his Opinion and Award of May 11, 2007 determined that certain TWA LLC pilots, who never flew at AA before they were furloughed from TWA LLC, when they are called to training at AA, would fill "new
hire positions" in "new hire classes".
The Four (4) Parties to Letter 3/Supplement W (American Airlines/American Eagle/ALPA/APA) requested that if Arbitrator LaRocco ruled that TWA LLC pilots were "new hire pilots", the issue of remedy would be remanded to the Four (4) Parties. The negotiations on remedy failed and Arbitrator LaRocco was asked to issue a remedy.
During the hearing on remedy, ALPA and AE management stated that they "seek a remedy which would require AA to provide seats in upcoming training classes to AE flow-through pilots"
AA management and APA squawked, squealed and cried that Arbitrator LaRocco lacked jurisdiction to determine a "remedy that would require AA to provide seats in upcoming training classes at AA" because it was not the question before the arbitrator.
In his Supplemental Opinion and Award on Remedy of October 20, 2008 Arbitrator LaRocco stated the following:
"The arbitrator is mindful that leaving issues such as whether any flow-through pilots are entitled to seats in training classes, either prior to May 1, 2008 or subsequent to May 1, 2008, undecided could allow a dispute to fester, causing harm to airline operations and pilots. Nevertheless, the Arbitrator is bound to comply with the limitations of his authority."
Arbitrator LaRocco agreed - he lacked jurisdiction because it was not the question he was asked and he was bound to comply with the limitations of his authority.
In this Comedy of Errors, enter stage left Arbitrator Nicolau.
In the arbitration of Grievance FLO-0108 the question asked of Arbitrator Nicolau was "were American Eagle pilots who hold American Airlines seniority numbers entitled to attend AA training classes beginning in June 2007"
The question asked of Arbitrator Nicolau was the same question that Arbitrator LaRocco refused to answer because he lacked jurisdiction. (see Arbitrator LaRocco's statement above).
Arbitrator Nicolau, in his Opinion and Award of October 18, 2009 answered the question he was asked, as follows:
"...American Eagle pilots who hold American Airlines seniority numbers were entitled to attend AA training classes beginning in June 2007"
The Four (4) Parties, using the same page from their LaRocco playbook, asked Arbitrator Nicolau, if he answered "yes" to the question in FLO-0108, (none of the Four (4) Parties wanted a "yes" answer) that the remedy be remanded back to the parties for negotiations.
Arbitrator Nicolau stated:
In accordance with the instructions of the Parties, the matter is remanded to ALPA, AE, AA and APA to formulate an appropriate remedy.
Keep in mind - the matter was remanded to ALPA, AE, AA and APA to formulate an appropriate remedy to the fact that American Eagle pilots were entitled to attend AA training classes.
The negotiations on an appropriate remedy failed - again.
The Four (4) Parties went before Arbitrator Nicolau for the appropriate remedy.
Every American Eagle pilot needs to read Arbitrator Nicolau's Award on Remedy very carefully and then ask the following question.
If AA and APA demanded that Arbitrator LaRocco lacked jurisdiction in FLO-0903, how is it that Arbitrator Nicolau has the jurisdiction to re-write Letter 3/Supplement W?
Time to Captain?
Recall of AA furloughed pilots?
Denial of Retirement Benefits due to the Four (4) Parties breach of contract?
Preferential Hiring?
Voiding of slot transference to junior flow-through pilot?
Metering of AE pilots to AA in violation of Letter 3/Supp W and dependant on AE operational considerations?
etc.
Arbitrator LaRocco determined that TWA LLC pilots were "new hire pilots" in "new hire classes" when they attended training at AA.
Letter 3/Supplement W demands that one (1) out of every two (2) "new hire pilots" at AA be an American Eagle Flow-Through pilot.
Arbitrator Nicolau, who agreed with Arbitrator LaRocco that "new hire classes" were conducted at AA, and determined that American Eagle Flow-Through pilots should have attended AA training classes in June 2007 (on a one (1) for one (1) basis with the TWA LLC pilots = to 244 pilots) now issues a remedy that does not comply with this most basic requirement of Letter 3/Supplement W?
Arbitrator Nicolau acknowledges that the contract was breached yet chooses to penalize the American Eagle Flow-Through pilots for the Four (4) Parties failure to comply with the contract!
The question Arbitrator Nicolau was asked, and of which he had jurisdiction was "were American Eagle pilots who hold American Airlines seniority numbers entitled to attend AA training classes beginning in June 2007"
Arbitrator Nicolau exceeded the limitations of his authority (see Arbitrator LaRocco's statement above).
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Posted on Thursday, April 15, 2010
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