ARW The Wiss-key 0209.pmd

52 Pages·2009·2.65 MB·English

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iss-key
Understanding and Managing
ATC Airspace Flow Programs
Trip Rig – A Discussion
PBS – Where Are We?
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In this exact spot of the inaugural edition, I presented to you the MEC’s vision for the TABLE OF CONTENTS
naming of this publication as a representation of our history as a pilot group; we all
know now, however, that The W ended up on the cover and a contentious debate ensued
A Message from Your Chairman.............3
between ALPA National and ALPA ARW. The concern with the name very quickly
A Message from Your Vice Chairman....5
became one of public relations—what would the flying public think if they saw this on
Notes from the Secretary-Treasurer......6
the plane? Would someone from outside the industry misunderstand and take “The
Contract Administration...........................9
Whiskey” name out of context, incorrectly assuming that every RJ we have is hardly
more than a flying Jim Beam bottle? This concern did indeed weigh heavily on the LEC 49 News:
minds of your MEC officers, but in the end, the content speaks for itself and the need A Farewell Message
for a point of professional pride eclipsed the remote possibility of a PR nightmare. So, to Air Wisconsin Pilots . . .................12
as a means of preserving the name and the heritage enveloped within it, wiss-key, the Incoming Officers,
actual phonetic spelling of W, was presented as an alternative and a means to mitigate March 1, 2009....................................13
any possible confusion. Still, many at National remained unhappy with this solution LEC 50 News:
and it looked as if we might be stuck with W; but then, in the 11th hour, our national Decision Making.................................15
officers stood up and said that this is the Air Line Pilots Association and if this is what this
Holiday Party Photos.........................16
pilot group needs and wants, that’s what they are going to get. So, if you have any doubt
LEC 51 News:
that this union still belongs to pilots, which means you and me, all you have to do is turn
The Role of a Captain Rep
this page back and look at the cover.
(Part 1 of a Series)............................17
“Now, let’s move on and worry about the smaller things like foreign carrier ownership, bankruptcy Committee Reports
reform, flight time/duty time, CrewPASS, the RLA, bargaining for favorable contracts, MPRC,
Aeromedical .......................................18
CSPC, organizing, terminated pilots, just to name a few.”
Communications................................19
—Bill Couette, airline pilot and ALPA VP of Administration
Central Air Safety...............................20
Thanks, Bill. Furlough Assistance..........................22
Captain Richard Swindell
Grievance...........................................23
CORRECTION:
Editor and
Jumpseat............................................24
ARW Communications Chairman
In the inaugural edition of Membership........................................25
The Wiss-key, F/A Mike Firth
Pilot Assistance..................................26
was unintentionally left out
of the cover photo credit. Professional Standards.....................26
AAAAARRRRRWWWWW CCCCCOOOOOMMMMMMMMMMUUUUUNNNNNIIIIICCCCCAAAAATTTTTIIIIIOOOOONNNNNSSSSS CCCCCOOOOOMMMMMMMMMMIIIIITTTTTTTTTTEEEEEEEEEE
Sorry, Mike. AFA/EAP Professional
—The Communications Standards...........................................28
Richard Swindell, Ken Reinert, Staff
Retirement and Insurance.................28
Chairman & Editor Photographer
Scheduling..........................................29
Wiss-key Training & Testing..............................36
Thanasi Fkiaras, Norm Allaby, Be Prepared...................................36
Assistant Editor, DCA It Takes Two to Tango ...................37
The Wiss-key Communications Rep
ASAP Reports
ASAP Committee Intro......................30
Thorne Saylor, Tony Denault, Spring Greetings from Your
Co-Editor, PHL ALPA ERC!.........................................30
Pay Day Hotline Communications Rep
Air Traffic Control Delays......................32
Airline Pilots Daily Logbook..................34
Matt Wise,
Trip Rig—A Discussion..........................34
Webmaster
Association of Flight Attendants...........35
Aircraft 453 taken by
Training Department Active
F/O Ken Reinert.
Instructors/Check Airmen......................36
It Takes Two to Tango............................37
The Wiss-key is currently the official newsletter of the Air Wisconsin Master Executive Council
of the Air Line Pilots Association, International. Who Puts the “Professional” in
The Wiss-key is produced four times a year for and by the pilots of Air Wisconsin. The opin- Professional Pilot?.................................38
ions expressed here do not necessarily represent official ALPA positions or policy or those of its FPL Itemization......................................40
officers. The Wiss-key is intended solely for the confidential use by pilots represented by ALPA. The Little Picture Update......................42
Submissions for The Wiss-key are always welcome. Please send suggestions, comments,
ALPA Founder: David L. Behncke........43
photos, letters, and articles to [email protected] for consideration; otherwise, contact the Communica-
tions Committee for alternate submission options. The Wiss-key assumes no responsibility for Fun & Games .........................................44
loss or damage to these items and reserves the right to edit submission for space requirements. The Ultimate iPod Playlist.....................46
Anonymous material will not be considered for publication, though a writer’s identity may be kept
ARW MEC Directory..............................48
unpublished if requested.
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A Message from Your Chairman
By Joe Ellis
Captain, ORF
ARW MEC Chairman
Just Commit, Already!
“Commitment.” Oh, how we struggle with that word! If Every day we enter into, or are party to, a contract of
your reaction is to immediately think that you are exempt, some sort. For example, US Airways is counting on our
I’ll ask how you feel about the “90-day money-back guaran- involvement to successfully uphold its end of a contract
tee,” or I’ll ask if you have ever kept a receipt just in case between the airline and a customer to get them to any given
you change your mind. Uh-huh, thought so. Really, I cannot destination safely. A very simplified personal contract is
think of a larger struggle in this country at the moment. between you and, say, the Jet Rock Café. Your “$6.50” en-
The definition of commitment has been diluted down titles you to a cheese steak of debatable quality—that’s the
through countless rounds of interpretation (usually one that deal. We see it every day on some level; if you don’t honor
suits our personal needs at the moment), and what we are your end of the bargain, somebody gets hurt.
left with is a meaning far from its intention. What I’m saying Here is another great example of how desire for in-
is that commitment is a lot like pimiento loaf. Yeah, think stant gratification, coupled with a selfish contractual breach,
about it . . . “the sum of its parts . . .” OK, now I’m lost. can lead to our own destruction. A bartender is faced with
Let’s step out of the airline world for a moment and a decision in dealing with every customer: to give quality
look around at what is happening in our economy, and per- and fair service and hope the customer appreciates it, or
haps why it has imploded. I promise this will all make sense throw in a “free one” here and there to snag a larger tip.
shortly. For the purpose of agreeing with myself and mak- Having served many a drink, I know that the second tactic
ing the point of this article clear, I’ll focus on instant grati- works extremely well. However, I have also seen many bar-
fication as the smoking gun of our economic failure. tenders out of work because, simply put, with no “real”
The following is (not) a true story: sales, eventually there will be no job to report to.
I have three friends: a mortgage broker, a truck driver, As a professional pilot and member of the associa-
and a pilot. The first two are out of work and homeless, tion, you are party to one contract that hinges on your loy-
and they blame the pilot. You see, a while back, this pilot alty to it. Further, and consequently, most other contracts
was on track for upgrade to captain and jumped the gun in your life lean on this one. It begins with a statement so
when he rushed out to buy a new living room set. You profound it echoes the significance of the Declaration of
know, the captain kind with the “I can’t believe it’s not Independence.
leather” leather. Pick your reason, but somehow he does “AGREEMENT between AIR WISCONSIN AIR-
not get the captain bid. Follow me now: payments are due LINES CORPORATION and THE AIRLINE PILOTS
on the furniture > payments can’t be made > furniture gets in the service of AIR WISCONSIN AIRLINES CORPO-
returned > furniture store goes out of business > furni- RATION as represented by the AIR LINE PILOTS AS-
ture store employees are laid off, including truck drivers > SOCIATION, INTERNATIONAL.”
truck driver can’t make payments on home > home gets To clarify why I believe the above statement is so sig-
foreclosed > mortgage company can’t sell the house > nificant, it points to the fact that this is an agreement be-
mortgage company tanks > friend number three is out of tween the pilots, as a whole, who make up the group serving
work. Of course, we all know that some airline exec came Air Wisconsin as represented by ALPA. Simply put, this is
up with the “buy now, pay later” program in the furniture OUR contract, not YOUR contract. With that now on the
business. However, for the sake of fairness, I will side with table, it becomes easier to see exactly what our role is with
the friends here who blame the pilot for seeking the in- regard to abiding to the terms of the agreement. This cur-
stant gratification of taking the furniture home without rent agreement was negotiated like any other contract, build-
fully understanding the big picture. continued on page 4
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Chairman’s Message
continued from page 3
ing on years of both progress and failure, to the extent that tract that may keep you away from home for an extra
the association felt comfortable with the terms. We agreed, night—I get it. It is the bigger picture that we need to fo-
as a pilot group, that we have achieved a set of guidelines cus on in that situation; it’s about all 700 pilots that night,
that we can live with for the duration. While it is common not you. Nobody ever said being in a union was easy, it
for us as pilots and as a union to demand that management takes commitment and it takes patience—certainly some-
respect the contract, I will firmly say that is a misunder- thing we all struggle with from time to time. It’s a good
standing of reality. My friends, we must demand the same thing we have each other to lean on and learn from. A
of ourselves. We have entered a legally binding agreement, member who waives our contract is not unlike the bar-
and we must know it and respect it. tender serving free drinks. Bottom line: Our contract will
Instant gratification—dangerous business when deal- deteriorate as fast as any business out there where employ-
ing with a labor agreement . . . no question. Recently while ees seek instant gratification. Therefore, we must remain
on a delay in domicile, I picked up a drop request/open committed for the term of our agreement and uphold our
time fax from the Crew Desk. I was shocked to see how end of the bargain.
many requests from pilots had the following statement in Contract compliance is a two-way street; however, we
an attempt to help get it approved: “I waive my xxx con- sometimes forget our role. Will refocusing our commit-
tractual right.” This is not your contract to waive—it is ment to the CBA save the world economy? Not likely, but
OUR contract. This is an agreement that you are party to, remember that your actions today affect not only 700 fel-
and you are bound by its terms until we collectively bar- low pilots, but generations to come. This newsletter is
gain different rules. It may not be easy to hear; however, it loaded with information, much of which rightfully points
is fact, and believe it or not, this is the reason our contract the finger to the other side. If I have been successful in
has reached such heights. getting my point across today, you should feel slightly more
The stage is set, and, believe me, I understand the temp- weight on your shoulders than you did five minutes ago.
tation. It is difficult to respect a contract when it’s the con- Welcome to ALPA.
MEC Meeting Photos
Current LEC 49 reps Jim Drapeau and Norm Allaby; and newly elected
49 Reps Jared Armstrong and Jeff Pruett
Chairman Joe Ellis
Everyone
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A Message from Your Vice Chairman
“Hey, aren’t You in THE UNION?”
By Mark Lockwood The second thing you can do is to enforce the con-
F/O, ORF tract. Don’t let the Company make “deals” outside of our
ARW MEC Vice Chairman Collective Bargaining Agreement (CBA). Make sure you
read the “Fly the Contract” section of the Pay Day Hotlines
This is a question I get almost daily when I am flying. It (PDH) to further enhance your knowledge of our CBA. If
happens either when my captain looks at the release and you think the Company has violated the CBA, grieve it,
recognizes my last name, or when someone sees me in the using the form on awacalpa.org. If you do not grieve a
crew room and recognizes my picture from the last The violation, you are letting the Company steal from all of us.
Wiss-ke y publication. I usually answer, “Yep, same as you.” The third thing you can do is make sure you utilize the
I do get your point, though. The person asking usually resources that we all work hard to provide. Call or e-mail
means, aren’t you in the union leadership? committee members if you have a question about their area
This question has led me to think about what it means to of expertise. If you have something you would like to dis-
be in this union, or, as I like to call it, this association of airline cuss with an ALPA leader, call your LEC representative (con-
pilots. I think that being in this association requires a certain tact list included in each issue of The Wiss-key and the PDH).
level of commitment from each of us, depending on our am- This does not mean “call Joe” whenever you have an issue.
bitions and other commitments. Not everyone can take on a Call the appropriate person; most of the time that is not the
leadership role whether it is in the MEC or on the commit- MEC chairman.
tees. There are things, however, that every pilot, regardless of We have a great group of pilots in this Association. Re-
his or her personal circumstances, can and should do. member that we are all in this together and we all have some-
First of all, you should ensure that your contact infor- thing to offer each other. Please use the resources that we
mation is up-to-date with ALPA. This includes your mail- provide each other, and get involved and stay involved.
ing address, your e-mail address, and a phone number.
Updating your contact information is simple, and there is Your brother,
no excuse not to do it. Mark Lockwood
More MEC Meeting Photos
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Notes from the Secretary-Treasurer
By John Schumacher on to my fellow pilots at Air Wisconsin. We, as Air Wis-
F/O, DCA consin pilots, are the spearhead for our agenda. We work
ARW MEC Secretary-Treasurer on the front lines and know the best course of action to
take. We, as equal members of the Association, decide
Hello from your secretary-treasurer and welcome to the sec- the direction the ship is headed. We change the course by
ond issue of The Wiss-key. Let me start off by thanking you talking to our elected representatives. “ALPA National”—
for reading through these pages. As you’ll see below, ALPA the proverbial parent union—does not decide our future
is essentially a grassroots organization. You, the member, path or fate locally at Air Wisconsin Airlines . . . we do.
provide us, the volunteer, with input and direction to guide That is why it is so important for all ALPA members to
the ARW MEC. This is a part of that communication loop; get involved, follow the contract, and be proactive. Ask
it’s our feedback to you, and it’s a method for questions and give your opinions to
Although we make
you to gather information about the status of your representatives. The accountabil-
the union. Frankly, this magazine is my very ity is placed on our collective shoulders.
our decisions locally,
favorite new initiative that we’ve undertaken Again, WE DECIDE OUR FATE—we
since I’ve been in office, and I couldn’t be do! Although we make our decisions lo-
those decisions do
prouder of it. (As a disclaimer, I have very cally, those decisions do have an impact
little to do with its creation other than approv- at other ALPA pilot groups nationally.
have an impact at
ing the expenses. All of the credit for it goes WE determine the path we want to
to the Communications Committee, particu- take through the storm. WE decide our
other ALPA pilot
larly Communications Chairman Richard future when it comes to what we want
Swindell, DCA CA). With that said, I hope to negotiate. WE decide the things that
groups nationally.
you enjoy this column and this issue. are most important to us. However, we
do not operate in a vacuum. We may face
We Are ALPA many situations at Air Wisconsin that we haven’t dealt with
“We Are ALPA.” These were the final words at the before as a local union. For this we have built an incredible
2008 Board of Directors meeting in October. Sounds like “resource,” a great “library”—it happens to be ALPA. We
a pretty good theme to walk away with, doesn’t it? I cannot can pick up the phone and call our counterparts at other
think of a better phrase to pass on to our pilots here at Air carriers to ask how they handle a situation. Going forward,
Wisconsin Airlines. How do you explain what ALPA does this could get us a better contract, make us a stronger union,
for us? or save your job. Coordination and support from many local
Although my experience as a union officer is some- unions working together is so much stronger than anything
what limited, here is what I have learned and hope to pass we can provide on our own. This is the power of ALPA . . .
“no borders—WE ARE ALPA.”
“These six guys”
Having been involved with the MEC for more than six
months now, I want to take a minute and recognize the
work that gets accomplished by this small group. As I ex-
plained in the last issue, the MEC consists of the three
captain and three first officer representatives from the lo-
cal councils; in other words, the pilots that you elected.
As local representatives, these six guys stay quite
busy taking care of us. They’re available to you to dis-
cuss any problem you may be having on the job, or to
take your suggestions on what the union could do to
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make things better. Their phones ring at all hours of “Every active member of ALPA has 1.95% of their
the night with calls from pilots needing assistance, and salary deducted for dues. Of that 1.95%, 0.35% goes di-
they work with the flight managers during the day to rectly into our SMRA. The remaining 1.60% gets divided
resolve individual pilots’ issues. Put simply, they are the into all of the union’s essential functions, and can be sum-
frontline ALPA representatives, and you should get to marized by saying that it goes to support the three levels
know them. of your union: (1) ALPA National, (2) our Master Execu-
In addition to all of that work, however, these six guys tive Council (MEC), and (3) your Local Executive Coun-
work together as the MEC to guide the Air Wisconsin pi- cils (LECs). At the MEC, our [portion] goes directly into
lots as a whole. They are constantly discussing and debat- our MEC Account (the checking account).”
ing issues affecting this pilot group, and then deciding on
the best course of action to take. As a whole, they come SMRA Balance
together on a conference call only twice a month, but that I made a prediction that October would be an ex-
doesn’t mean they don’t spend the rest of the month talk- pensive month for ARW due to the Board of Directors
ing to each other about the issues. On top of that, the (BOD) meeting; I was right and wrong. I was right in
regular MEC meetings are held three times a year, with the that we did incur higher than normal expenses due to
most recent one being held in Herndon, VA, at ALPA head- the BOD, but I was wrong because not all of those
quarters, February 12–13. charges were accounted for in time to go into the Octo-
Having attended three meetings, I can say that the ber budget. Actually, many charges did not hit the books
amount of work and effort put into leading this pilot group at ARW until December. Thus, our SMRA Account bal-
is very impressive. All six members bring a wealth of knowl- ance for October takes a small hit, but most of the dam-
edge, experience, thoughtfulness, and pilot input to the age comes in December.
table. Most of all, all six are mindful of the weight behind
their discussions; they aren’t talking about concept and SMRA Balance
theory, they’re talking about real problems and real solu-
tions, and then they have to weigh the cost and benefit to
this pilot group. It’s really an inspiring group to work with.
So these six guys are not only your local representa-
tives, they also form the MEC. Why take the six busiest
guys and add the additional work of guiding the union?
Because they represent you. As the frontline ALPA repre-
sentatives, they are the most in touch with the issues and
needs of the group. But they need your help; they need
you to communicate your issues and needs to them. These
six guys aren’t in charge of guiding the union, you are.
And I am. We all are. WE elect our representatives. WE
tell them how we feel. WE guide them individually and in
turn allow them to guide us as a whole. And that’s why WE
ARE ALPA. 2009 Budget
Per ALPA policies, we publish a copy of the MEC’s
MEC Finances budget. That information is included in the chart at the
In the last issue of The Wiss-key, I introduced you to bottom of page 8. Listed in this table is each expense cat-
the way your dues money gets distributed to cover ALPA’s egory, the controlling member of each category, and the
expenses at every level of the union. Today I will talk about amount allocated in the budget for each category. When
what we are doing with our portion of your money at the reading through these numbers, keep in mind that since all
ARW MEC—specifically: the current status of our funds, of your ALPA committees are pilot volunteers, ALPA does
the ARW budget for 2009, how it was created and approved, cover the expense of flight pay loss (FPL) for any flight
and the actual distribution of the budget. duty missed for ALPA work. This accounts for over 50
I’ll begin with an excerpt from the last issue: percent of our total annual budgeted expenses.
“We have two numbers that together represent our total Our 2009 budget was allocated just over $330,000. I
MEC income; these should be thought of as deposits into sat down and itemized every active committee and, using
a checking account and a savings account. Our checking budgets from ExpressJet and Mesaba, took a “best guess”
account is called simply the MEC Account, and our sav- of what resources each committee would need in 2009.
ings account is called the Special MEC Reserve Account These resources include hotels, meals, transportation, cell
(SMRA, “smir-uh”). The income into these accounts comes phones, computers, miscellaneous costs like The Wiss-key,
from your dues dollar. continued on page 8
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Notes from the Secretary-Treasurer
continued from page 7
and, of course, flight pay loss. I then worked with each Closing Remarks
committee chairman to get his or her input on the needs All right, that’s all I’ve got for this column. Some of
of his/her committee. After gathering as much informa- you may be wondering about the dues money that goes to
tion as possible, I created a spreadsheet that put it all to- National; for that I suggest you check out Jane Schraft’s
gether. It was a treasurer’s worst nightmare. article about all the work she does as our lawyer . . . and
The total cost for the preliminary 2009 budget came keep in mind that she is provided for us by ALPA National
to over $600,000, almost double what our actual income at no additional cost. If you’d like more information about
for the year would be. After that, I worked together with where your money goes locally, check out my itemization
the committee chairmen and the MEC to find as much of FPL on page 40. Actually, there’s useful and interesting
cost savings as possible. What we found is this: Our union writing throughout this newsletter; you probably should
is trying to do a lot of work this year! It turns out that just read the whole thing.
rebuilding a mostly vacant committee structure, trying to Finally, in the last issue, I solicited all of you to con-
build a cohesive and effective MEC, launching a commu- tact me directly if you ever have any questions about where
nications campaign, and trying to take care of multiple your dues dollars are going. Specifically, I said, “Really! I
grievances is expensive. We’re all working as efficiently as would be happy to wake up tomorrow with 700 phone calls;
possible to mitigate expenses, but in order to create a bal- we’re trying to fight pilot apathy, people.” That offer still
anced budget, the MEC authorized spending $53,000 out stands and will remain in place for the duration of my term.
of the SMRA account in 2009. Without further ado, be- Otherwise, I’ll talk to you again next quarter.
low is the 2009 MEC budget, totaling $388,386.
ARW MEC 2009 Budget
Controlling Category % of Total
Category Member Cost Budget
MEC Meeting Costs F/O John Schumacher $56,186 14.47%
SBA Expenses As needed $50,782 13.08%
ARW MEC Chairman CA Joe Ellis $49,382 12.71%
ARW Communications CA Richard Swindell $32,218 8.30%
ARW Negotiating F/O Mark Lockwood $30,937 7.97%
ARW Grievance CA Bill Patterson $26,936 6.94%
ARW R&I CA Todd Hanneman $26,343 6.78%
ARW CASC F/O Gene Rambo $19,821 5.10%
ARW Scheduling F/O Brian Milburn $14,908 3.84%
ARW Pro Standards CA Jayme Schappals $9,870 2.54%
ARW ASAP and FOQA F/O Justin Maas/
CA Matt Debruin $9,501 2.45%
ARW MEC Vice Chairman F/O Mark Lockwood $9,403 2.42%
ARW Hotel CA Tim Vick $9,130 2.35%
ARW LECs As needed $9,000 2.32%
ARW MEC Secretary-Treasurer F/O John Schumacher $8,800 2.27%
ARW Training and Testing CA Ryan Von Trapp $8,480 2.18%
ARW Furlough and Membership F/O Joel Barman/
F/O Jeremia Feyrer $6,403 1.65%
ARW Jumpseat F/O Rob Frank $3,428 0.88%
Telecons, etc. F/O John Schumacher $3,140 0.81%
ARW Security F/O Rob Frank $2,045 0.53%
ARW Aeromedical F/O Blake Drader $1,673 0.43%
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Caseloads
By Jane Schraft gotiations and the restructuring discussions. I keep chro-
ARW Contract Administrator nological notes during bargaining, and when bargaining is
over, I index the notes, so it only takes me about 45 min-
On the drive into work at the Min- utes to find exactly what I am looking for. The documents
neapolis field office, which is confirm my recollection. We will plan to file a grievance if
home to the (then) Northwest, we can’t resolve the issue. Air Wisconsin has only paid the
Mesaba, and Sun Country MECs affected pilots for the value of the training, which is less
and approximately 15 ALPA staff than the value of the flying originally on the pilot’s lines.
members, I take a call from a pi- Once Bill and I complete the initial phase of research,
lot who is being told that he is we put the “issue” on what we call the “Comprehensive
going to deadhead the following Issues List” and send the updated version to management.
day, following six days of flying. He wants to know if this is We have a monthly call to address these issues, and we try
legal under the FARs. I tell him he is legal to deadhead, but to find a resolution without filing a grievance. We adopted
under the FARs, he must have 24 hours free from all duty this process at Air Wisconsin about two years ago when
before he begins another flight assignment. In addition, under the grievance caseload was enormous. The process has
his contract, he must receive a calendar day free from all duty. worked to both reduce the grievance caseload and to get
A pilot rests for duty, not from it, so the assignment is legal. I pilots a remedy more quickly. It also is far more cost effec-
also tell him about an excellent resource that is available on tive for both parties than sending cases to arbitration.
the ALPA website: “Guide to Flight Time Limitations and About mid-morning, a call comes in from a pilot whom I
Rest Requirements.” I tell him he can access it by logging on have worked with previously. He tells me that he was stopped
to the ALPA website, entering his member number and pass- the previous evening by the police. When they asked him to
word, and then selecting “Committees.” Under Committees, take a breathalyzer test, he refused. As a consequence, in his
select “Flight Time/Duty Time,” and the page will allow him state, his license was immediately suspended. He wants to know
to select the Guide and to print it in standard or Jeppesen if his job is in jeopardy. I say no, but he does have certain
format. It is an incredibly user-friendly and accurate explana- obligations to meet. First, he must make a report to the FAA’s
tion of the flight/duty FARs that was put together by ALPA’s Security division advising that his license has been suspended.
Legal staff and pilots. If he is ultimately convicted of an alcohol-related driving of-
Once in the office, I begin the day by reviewing the fense, he must also report the conviction to the Security divi-
“Issue” forms that have come in on the website, and I speak sion in a separate filing. In addition, he will need to report the
with Bill Patterson, the ARW Grievance chairman. We dis- suspension of his license on his next application to renew his
cuss each of the forms that have been filed, and we iden- Medical Certificate. Likewise, if he receives a conviction, he
tify what other information we need before we can must report that on his Medical, too. I ask him if he has any
determine how to proceed. We divide the list of pilots to other alcohol-related offenses on his record. He hesitates, then
contact, and we set to work. One of the concerns raised responds that he refused a breath test about 12 years ago, while
involves pay for a pilot who has had his proficiency check he was still in college.
canceled. This exact topic is the subject of Section 11.I.5. Unfortunately—or fortunately, depending on how you
I was the staff attorney assisting the ARW Negotiating view the situation—this changes his circumstances dramati-
Committee when this provision was negotiated into the cally. Because of the extremely high correlation between a
2001 Agreement, and we revisited it in the Restructuring diagnosis of alcoholism and multiple alcohol-related driv-
Agreement negotiations. Although I don’t always remem- ing offenses, the FAA will most certainly insist upon a com-
ber the bargaining history associated with each contract prehensive evaluation and will likely require the pilot to
provision, I have a clear recollection of this one. When a undergo treatment. If there is a finding of alcoholism, the
PC cancels, the pilot should be paid the greater of the value pilot’s Medical will no longer be valid, and a 30-day course
of the trips that were on the pilot’s original line, before the of residential treatment will be the best option for a pilot
training was integrated, or for the value of the training, or to regain his Medical under the FAA’s special issuance pro-
for any work he is assigned in place of the PC. cedure. Boiled down, if all goes well, this means the pilot
In order to assess the strength of our case, I consult will be without a license for about seven months. This trig-
the proposals and my bargaining notes from the 2001 ne- continued on page 10
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gers a multitude of questions from the pilot, and some sion that allowed for three ALPA pilots to be off-line on a
frank discussion of his alcohol use. He states that he is full-time basis to actually implement PBS. The PBS language
concerned that his drinking is out of control. I tell him negotiated at Mesaba during the bankruptcy covered the
that is a brave admission, and that there are many ALPA major issues associated with PBS but did not completely
resources for him to draw on. Medical insurance to cover cover a number of second-tier issues. For the most part, the
treatment, eligibility for disability, and aftercare treatment PBS Committee has been able to work through the wrinkles
are things he wasn’t thinking about before this morning’s that have arisen, but on this day, the committee wants to
call, but now all will be at the forefront of his mind. The know what I recall about the discussions concerning single
pilot wonders if it is possible that the FAA won’t discover days off. After lunch, I consult my notes, and we map out a
that he has two offenses. I tell him it is extremely unlikely strategy to address the issue.
that the FAA won’t make the connection. I turn my attention next to an arbitration brief that is
Sensing that he is somewhat overwhelmed by all of the due the following week. As most of you know, if a griev-
new information, I give the pilot the phone number for ALPA’s ance can’t be resolved, we take the matter to arbitration.
Aeromedical Department, which is one of ALPA’s most valu- Under the Railway Labor Act (RLA)—the federal law that
able resources. Aeromedical is made up of former AMEs who governs labor relations in the railroad and airline industries—
are not only experts in the field of avia- labor agreements must include arbi-
tion medicine but who also have par- The main topic this month tration provisions. The RLA refers to
ticular expertise in assisting pilots in the dispute-resolution mechanism as
retaining or regaining their Medicals. I is what the various carriers the System Board of Adjustment, and
also suggest that the pilot touch base the System Board is comprised of an
with other pilots on his airline’s HIMS are doing to ameliorate the ALPA representative, a Company rep-
Committee, who are often recovering resentative, and a neutral—an indi-
alcoholics themselves. These pilots number of furloughs . . . vidual who makes his/her living as an
have successfully undergone treatment arbitrator and who is mutually desig-
and are familiar with the FAA process. nated by the parties.
I give him their phone numbers, and we hang up with the plan Handling grievances and arbitrations occupies about 30
to touch base again shortly. to 50 percent of my time, depending on whether I am also in
Soon after I began working at ALPA, I read a book negotiations. After an arbitration hearing, where both parties
called I’ll Quit Tomorrow. I was representing an NWA pilot have the opportunity to call witnesses and present documen-
who had been discharged for violating the 12-hour rule, tary evidence in support of their positions, the parties submit
and I had little familiarity with the disease of alcoholism. I written arguments or “briefs” to the System Board. ALPA al-
found the book to be extremely enlightening. Since then, I most always has a court reporter present at System Board hear-
have represented many more pilots who have been disci- ings, and we use statements from the transcript to support
plined and/or discharged for alcohol-related conduct, I our arguments in the brief. I also frequently consult ALPA’s
have attended HIMS Committee seminars, and I have arbitration index, which is, as the name suggests, an index of
worked with at least 50 pilots who have undergone treat- all of the arbitration decisions that ALPA has received. This is
ment. I have the utmost respect for these pilots, many of a powerful tool, and it is an advantage we have over manage-
whom find themselves in far more dire circumstances than ment, because they have no equivalent. It is often helpful to
the pilot I spoke with this morning (being placed in detox cite prior cases that have similar facts and that stand for a
while on an overnight, a positive drug test, etc.), and who parallel proposition.
were able to reshape their lives following a crisis. I know While I am drafting, I take a call from another ALPA
that if the pilot I spoke with this morning calls one of the attorney, Wayne Klocke, who works with the American Eagle
pilots on the HIMS Committee, he will be in good hands. pilots and who is based in our Dallas office. The Eagle pi-
After the phone call, I meet with Mesaba’s Preferential lots are engaged in bargaining, and Wayne wants to know
Bidding System (PBS) Committee over lunch. My primary how a certain displacement provision operates at Mesaba
duties as an ALPA staff attorney are to assist both the Air and Air Wisconsin. We discuss the provisions, and we also
Wisconsin and Mesaba MECs with all representational work. talk about the concerns we have about the proposal the Eagle
Most of my days involve doing some work for each carrier’s pilots have gotten from management. The ability to reach
pilots. PBS was negotiated at Mesaba as part of the bank- out and consult with other attorneys who face the same chal-
ruptcy concessions—meaning ALPA received “credit” for lenges to try to get a better result for the pilots we repre-
the savings associated with PBS that offset other wage and sent, both in bargaining and arbitration, is a priceless asset.
work rule concessions. The negotiations included a provi- I regularly consult with other attorneys who work in the Rep-
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