Thu, Jun 23, 2011
Charge Management With Taking Shortcuts To Make Contract
Changes Without Negotiations
Continental pilots have filed two group grievances
against United to protest violations of scope provisions in their
collective bargaining agreement applicable to a merger during the
period of separate pilot contracts and operations of the two
airlines, legacy Continental and legacy United. The first, filed
June 2, 2011, concerns removal of B-767 aircraft from the
Continental fleet (by sale). The second charge, filed June 16,
2011, is related to a reduction in the ratio of Continental to
United flying required with respect to twin-aisle aircraft,
specifically for the third quarter of 2011. ALPA is seeking prompt
correction of these issues by the Company, including a stop to any
attempts at further sales of B-767 aircraft, correction to the
ratio of flying performed by Continental to United, monetary
damages and all other appropriate relief.
“Once again, management is seeking short cuts to the
merger process and trying an end-run around our contract instead of
negotiating at the table,” said Capt. Jay Pierce, chairman of
the Continental pilots’ chapter of ALPA. “In the
airline industry, attempts to cut corners typically lead to very
bad results. Blatantly disregarding our existing contract not only
runs contrary to management’s stated interest in reaching
‘fair’ resolution on a new contract, it is no way to
make progress toward successfully completing the merger and
securing much-anticipated benefits for passengers, shareholders and
employees.”
Continental pilots, represented by ALPA, say these two
incidents mark the second and third time since the merger close
date in October 2010 that ALPA has been forced to fight off
management attacks to the Continental pilots’ contract. In
December, an arbitrator ruled in favor of ALPA and against
Continental management in their attempt at circumventing scope
provisions related to 70-seat jet flying.
The Continental scope provisions protect pilots’ job
security, both generally and during a transaction such as a merger.
The provisions reserve for Continental pilots all flying performed
by or for Continental or an affiliate, while allowing exceptions
for flying that can be performed under code share or by another
airline, such as foreign carriers, Continental Connection and
Express carriers. During the period of separate operations in a
merger, the scope provisions, among other things, prohibit certain
types of fleet changes and require that ratios of Continental
pilots’ flying to the merger partner’s flying equal or
exceed those same ratios prior to the merger.
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