"Dey r not wissening to me!"
Day-of Issues Report (this one may actually be interpreted as an issue affecting day-of flying, as opposed to the typical dog and pony show to feed the message board mob:
CONTRACT (also known as COLLECTIVE bargaining AGREEMENT) ADMINISTRATION UPDATE
Prepared by NJASAP Vice President of Contract Administration Capt. (Semi-retired) Atchoo-it
At the time of this writing, 62 grievances have been filed year to date. While this may not seem like a large number of violations of the 2007 Amended Agreement (CBA) given the size of our operation, it is indicative of a larger problem of union leadership erosion when one digs a bit deeper. I for one can plainly see how if it were not for paid union representatives filing grievances, the trend would be better compliance by NetJets and an increased number of exceptions to the contract made in favor of the pilots. Consider the following statistics:
§ 2010: A total of 72 grievances were filed – four of which were Class Action Grievances (CAG).
§ 2009: A total of 56 grievances were filed – four of which were CAGs.
Pop Quiz: Can you guess how many of these were filed by paid union reps? What percentage? If you guessed, “almost all” then you would be right!
Also consider that of the 62 grievances filed year to date (YTD), 10 of those are CAGs, concerning major violations of training and scheduling issues.
Pop Quiz: What is the definition of “major”? If the esteemed Vice President of Contract Administration and two highly paid in-house lawyers do not know the difference between a major dispute and a minor dispute, I might beginning to wonder how my dues money is being spent. If you want to have some fun, grab a beer and drink every time you suspect an exaggeration or editorialized comment designed to create fear, uncertainty, and doubt. If the offense is so horrible that a five-year-old can tell he is being lied to, honk like a goose.
2011 Class Action Grievance Summary (YTD)
106-11
Flight Data Recording
110-11
Adequacy/Standardization
111-11
Duty Day Length/Lunch
112-11
Combined Training: 15-Day
127-11
Combining Transition/Recurrent Training
128-11
UTC Notification
129-11
Required Days off; Combined Training Event
130-11
Improper Notification of Crewmember Schedule Change
131-11
Modification of Crewmember Schedules
153-11
Unscheduled Rest Period
This clearly illustrates a disturbing trend in the current management's attitude (drink) toward respecting the terms and conditions jointly negotiated in the 2007 CBA. To be clear, § 21: Grievance Procedure and § 22: System Board of Adjustment are designed to handle minor disputes that would arise while operating under the current CBA. Correct! There are simply times when there will be disagreements over interpretation and implementation. However, the issues giving rise to these grievances are not new with respect to uncharted territory. These are simply violations of long standing practices in place since implementation of the 2007 CBA. With that in mind, one has to wonder, “What is their motivation?” (HONK!) My motivation is to get you to continue funding my time off so I don’t have to fly. Have you actually read the grievances? Have you read the contract? Atchoo-it is counting on you having done neither.
This situation gets even more disturbing upon closer examination. (Drink) For some time now, the CBA Administration Team has been operating with a grievance vetting process in place in which a large number of grievance submissions are resolved prior to a formal filing with the Company. This would require me to act in good faith, and Lupee has promised me that if I act in good faith then I will have to go fly the line more. Also, consider the number of potential grievance situations buffered by the SOD and various committees that handle the day-to-day issues of scheduling, training and duty. These situations are not resolved by the magical powers of paid union representatives or volunteer committee members, but instead represent huge cooperation between NetJets and NJASAP – something that we are counting on you not noticing because bug, complicated paragraphs like this are not exciting or salacious. These actions of cooperation between flight operations and stewards and the LMRP program greatly reduced the number of grievances that would have otherwise been filed, and yet filings are rising sharply. Simply put, the grievance numbers represent only a fraction of the increasing erosion of the respect that business leaders, including the board of Berkshire Hathaway, have for NJASAP leaders, and cause me to stop and thank both God and the Goose that at least trained non-puppeteer stewards and LMRP committee members know how to work around political infighting and anti-business socialist agendas.
We are well aware of reduced staffing levels in many departments (drink) that have daily interactions with crewmembers. We are also aware of a number of new employees who are not yet up to speed in their knowledge of the CBA and its applicability to daily scheduling and duty issues (drink). We are also well aware of my inability to substantiate the previous two statements other than to rely on anecdotal evidence. Surely mistakes will be made; however, when the basics of many of these violations have been covered over and over in the minor dispute resolution process for many years, why do they continue to happen (drink)? More importantly, why are they happening with increasing frequency (drink)? Is it a lack of proper training of NJA staff members (drink)? Is it a directive from senior administrators to get the job done however necessary (drink)? Or, could it be something deeper in the philosophy of the current management team as a whole (drink)? [Okay, I know I am getting a little tipsy, but was that five or six unanswered rhetorical questions? Maybe we should send people over to NetJets for biweekly business briefings. Oh yeah, we did that, and they don’t even take notes, because they don’t care about the business, just their privileged, supplemental paid positions.]
Regardless of the reasons, the degeneration of the relationship between NetJets senior management and NJASAP since the departure of Richard Santulli is stark and troubling. (Honk!) I want you to know I am willing to forget how Santulli treated us like horses for ten years and basically kicked our butts by keeping slave wages in place for the better place of a decade. If we try real hard, we can bring him back. The issues giving rise to increased grievance filings are symptoms of a more systemic problem. When one considers all of these CBA violations fall well within the control of NetJets management and most have never been a problem in the past, it compels one to question the Company's commitment to abide by the Agreement they signed with NJASAP in 2007. (HONK!) I am sure that since you do not read the contract it is easy to make you forget that I control the arbitration docket. Also, I am counting on you not knowing that NJASAP would not take anything I think will lose to arbitration. In other words, if we don’t move the docket, we admit that our CAGs have no merit, are a waste of your dues money, and are used as hollow, fluffy little leverage pillows. (HONK! HONK! HONK!) Please stay asleep. We know what to do with your money when you trust us blindly and prove us correct – the ultimate theory that NJASAP subscribes to – you are drones, idiots, and cannot think for yourself.
With the increase in grievance filings and decrease in resolutions, it is evident we will be required to arbitrate these matters to ensure CBA compliance from a management team who is either unwilling or uncommitted to honoring the provisions to which it previously agreed. Click here to view the current Arbitration Docket. The panel of arbitrators is being struck, and dates are being narrowed down for individual cases. While there is always the chance of resolution prior to arbitration – something with which we have been successful with previous management teams – the likelihood of such progress is slim under the current circumstances, and NJASAP holds little hope of such success. This is not to say we would not welcome such an opportunity; however, our recent success at this has been nil. Our only problem with this strategy is that we will surely lose our cases and the truth will be revealed. Stand by for a lack of progress on the calendar dates that we control.
Last Day Off Messages Crewmembers are briefed their duty day has ended by receiving an off message; they are expected to be on duty until such time as an off message is received. The number of times crewmembers are being returned to their HBAs or crew bases without receiving an off message is on the rise. Because I cannot provide you with any data, you will have to take my word for it. Although this issue has been brought to the Company's attention numerous times via the grievance process, the lack of last day off messages continues to be a problem. (drink) Recently, there have been several instances in which crewmembers who have not received a shut off message have called in to be shut off and were given an off time only for Company personnel to go back into IJet at a later date to change the off time to the actual time of airline arrival at the pilot’s HBA or crew base. (drink) There are currently several grievances open on this issue. More on this matter will be provided in the next 411 by NJASAP Trustee Capt. F. Reakout, who is working the issue with the Company, or rather, not working the issue due to attitude degradation. Once again, remain asleep, you will have o take my word for it.
Rental Car Briefs Section 28.3(C)(3) Rental Car Travel Duty is very clear. It states: “Rental Car Travel Duty is Company-directed travel in a rental car. Rental Car Travel Duty begins thirty (30) minutes prior to the scheduled departure time unless the crewmember previously completed the process of renting the car in which case, duty begins as directed by the Company. Rental car trips will not be scheduled to exceed one hundred fifty (150) miles or four (4) hours using MapQuest’s “Shortest Distance” or “Shortest Time” functions. A crewmember may refuse a Rental Car Travel Duty assignment for any safety-related reason, including lack of familiarity with route; provided, the crewmember contacts his Chief Pilot or his designee as soon as possible to provide notification of the refusal. Rental Car Travel Duty ends at the latter of scheduled or actual arrival time at the Company-designated location, based on MapQuest, plus thirty (30) minutes.”
The intent of this language is very matter of fact, leading one to believe preventing a violation would be fairly (drink)obvious. That has not been the case: More than 13 grievances have been filed on this very issue, including a “cease and desist” order rendered by the System Board of Adjustment (SBA) on March 14, 2007, regarding Grievance #1622-06. The four-member panel even went so far as to state the Company could, in fact, query a crewmember's willingness to exceed the limitation prior to scheduling a rental car in excess of 150 miles. At that time, any ambiguity should have been eliminated; however, that has not been the case as escalating remedies of $150, $200 and $250 donations to the NetJets Family Foundation for each violation have taken place. Given the thousands of rental cars ordered each year, this .001% error rate is astounding, to-wit, and thusly must be admonished in the wordiest of terms possible.
The next step in the process to resolve this reoccurring matter is to let an arbitrator execute the cease and desist order rendered by the SBA. This is very unfortunate, considering something as simple as a post-it note on a computer screen of those who schedule rental cars could easily fix the issue. But again, one has to wonder if saving a dollar on airline travel is the motivating factor of such blatant (drink) negligence, CBA be damned. (HONK! HONK! Well put me in diapers and call me Hansell or Gretel) What other motivations would allow this to continue? Likely the lack of willingness for me or my boss to take a losing case to arbitration. Just sayin’.
GV F/O Bid Postings & Awards The recent posting of the GV F/O bid awards presents another situation in which the Company demonstrated its unwillingness to work with NJASAP prior to violating the CBA. (drink) This decision is ironic (drink) as this is not the first time a bid posting for GV F/Os have gone unfilled. Even with that, they immediately posted another bid for these positions that also went unfilled. As a result, Vice President of Contract Compliance Mark Okey and I exchanged numerous email and engaged in several telephone conversations to discuss the situation, which would ultimately be elevated to NJASAP President Mark Luthi and NJA President Shane Eyer. I hope it impresses you that I can actually refer to Mr. Eyer according to appropriate rank and title. Our position was clear from the beginning (drink): Although LOA 01-013 did not address moving into a GV aircraft from any fleet other than the GIV, we were willing to discuss how this could be done. It was evident to us that unless a new LOA was in place, there would be potential harm created by filling the GV bids from seat locked and non-GIV crewmembers. We discussed this with the Company repeatedly, and yet the results of the last bid award clearly show how the Company chose to handle the issue. Once again, CBA be damned. (HONK!) Once again, I spin for you an anecdotal, inflammatory tale without any evidence of paper exchanged. Of course, do get an agreement, my boss would have to come off the boat, off the organizing campaign trail, and actually engage in respectful debate.
At this time, I will not provide additional details on this issue as it is still being discussed; however, you can expect more information to be shared at the appropriate time, such as after we execute confidentiality agreements. Wait a second. We cancelled the loosest agreements in the history of labor relations and now insist on being able to operate without any accountability for the protection of proprietary data. Hold that thought, back up, I’ll be back to you after the next NJASAP leadership election.
These examples are but a few of the issues that have increased in recent months. Please read the grievances that I am other paid union reps file, and the pattern will become clear: can’t communicate at the table, can’t communicate by letter, phone, or e-mail, try abuse of the minor dispute process. Always too complex for you lazy bones to keep up with. Grievances filed by section are provided below:
2Q11 SBA The 2Q11 System Board session has been scheduled for May 10 and 11 in Columbus. NJASAP representatives, who will meet to review the cases on May 9, will include myself and Compliance Committee member Pedro Leroux, and Committee chair Joe Lavati will serve as presenter. The current docket includes nine cases. Wow, nine. I hope we can make it though that. We only have a week off the line to do it all.
Ultimately, the responsibility of contract compliance rests with each and every one of you. It should be obvious that nine (9) grievances require three pilots to be off the line on your dime for a week. Our CBA is only as strong as our willingness to enforce its provisions. Can’t you read between the lines here? Just as we have rules and regulations to which we are expected to adhere and operate our aircraft, so too is NetJets expected to abide by our agreement – the 2007 Amended Agreement and associated LOAs – and its conditions. Scope, schedules, duty and rest, basing, seniority and wages are but a few of the staples of our CBA with which you should be familiar. But you won’t take the time, just come to the union meetings and let us tell you what to think. The CBA and associated documents can be easily accessed from the NJASAP Web site and NJASAPConnect. Do not hesitate to request a hard copy from the Compliance Committee if you have lost or misplaced your Agreement, but don’t read it, let us have all the power. We have electronic grievance filing. Please file grievances. Help us keep our foot on the goose’s neck.
As always, you have many resources you can utilize to keep you sharp and knowledgeable on all contractual matters and how they affect you and your working conditions. But don’t use them except to file grievances. The NJASAP Stewards Council, all NJASAP committees and members and, of course, the CBA Administration Team, including Compliance and SBA are ready, willing and able to assist you kill the golden goose. Feel free to contact any one of us whenever the need to strike out in anger because you cannot bring yourself to speak with an ACP arises.
Hugs, Kisses, and Supplemental-Paid Best Wishes,
Captain Atchoo-it
[Dwink baby, dwink! Soon all me gold be gone! HONK-HONK!
QSG]
