It’s really interesting for me to examine the arguments FOR the PTA/ONE LIST in light of the traumatic situation we find ourselves in.JBI wrote: ↑Sun May 26, 2019 4:34 pmWhile I actually agree with you that what was in the previous contract is irrelevant, my comment was a direct response to "George Taylor" who suggested, I think, that because the wording was in the previous WJPA contract it should/could be in a new LOA. I was suggesting why it was different.DropTanks wrote: ↑Sun May 26, 2019 5:50 amBut here’s the thing. What was or wasn’t in the previous WJPA contract is irrelevant. We’re not here to vote on the WJPA contract.JBI wrote: ↑Sat May 25, 2019 4:40 pm
Sort of. The ability to bump was in the non-unionized WJPA mainline and Encore contracts from 2015. However, not included in those contracts was the very strong scope clause that now exists in the mainline ALPA contract. The contractual clauses issue that I have referred to (which AGAIN, provides really strong lay off protection for the mainline pilots... this is a good thing!) were not there in the WJPA contracts - there was no real scope and there wasn't lay-off protections. Now there is. The lay-off protections in the current ALPA contract is significantly stronger than in the WJPA contracts.
We're not here to vote on the WJPA contract nor the previous LOA. The topic of this discussion was to try and figure out what exactly mainline pilots who voted no want to see in an LOA that will make them vote yes. Some want bumping - that's fair. I've outlined why I don't think that that may be an unobtainable negotiating position. But, if there are other alternatives I'm interested to hear.
Aw, Twenty Dollars?! I wanted a peanut!DropTanks wrote: ↑Sun May 26, 2019 5:50 am We were to vote on the tri-party One List LOA. Nobody’s saying we don’t have some protections from lay-off built into the new contract, minimal as they may be. Yes I said minimal because I’ve seen much better lay-off protections in CA’s. It’s never been about the lay-off protections, it was about what we could do AFTER all those protections had been utilized and our position at mainline no longer existed. Bumping down in order of seniority on the exact list you wish to live on.
In my opinion, as a May 4, 2015 hire you have some incredible lay-off protection outlined in the current mainline scope clause (not in the lay-off section). You have this whether an LOA gets passed or not. The company cannot lay you off without renegotiating the CBA. I've outlined my reasons why ad nauseam. If I were in your position I'd honestly rather have that protection than the ability to bump. Arguably, if the company gets to the point where you're facing a lay-off there won't be anyone's position to bump into.
DropTanks wrote: ↑Sun May 26, 2019 5:50 am Because guess what...doing so would inherently become a lay-off prevention tool due to training costs for WestJet. See how that works? Secondly if the content of the LOA was in fact so good then I dare say we wouldn’t be having this conversation. It’s as simple as that. People don’t need lawyerly dissection of a document that makes them simply feel cheated. If it feels wrong then it feels wrong and they voted as such. Now the powers that be have very quickly felt the wrath of the group for their inadequate LOA and are working on new solutions. That’s how the system works. Vote for what’s in front of you.
You can feel however you want to feel. My "lawyerly dissection" will tell you what the contract (a document written by union and company lawyers) actually says.
I mean if your feeling is even though the company has to literally ask to renegotiate the CBA in order to lay you off and you still feel cheated, there's not much I can say to that. Also, if your feeling is that the only way you'll vote for a new LOA is that if, in addition to the contractual scope clause prohibiting layoffs for those hired May 2015 and earlier AND also prohibiting lay-offs of those after that date if as a result of business with Encore or any other commercial relationship you need the company to agree to something more, that's fine. If all the no voters feel that way too, that's fine. But it does give me a good sense of the actual chance of success of any future LOAs.
The old LOA is dead. Long live the LOA!
So is bumping the threshold? (As I've said, I'm not arguing against bumping. In fact my feelings towards bumping are very positive). But I've outlined my concerns with having that as a negotiating position. Is there any other positions that would make you (presumably a no voter), decide to vote yes if included in a new LOA?
mbav8r,mbav8r wrote: ↑Sun May 26, 2019 8:40 am This is exactly why I questioned the timing of the Encore vote and One List vote, if it were me at Encore, I would’ve voted no the the contract until the results of the one list vote or as an MEC member I would’ve delayed the vote for the same reason. I believe had the one list results been known prior to the contract vote, it would have turned out different.
Please excuse the indifference, Encore pilots have no one to blame but themselves for how it turns out, they had some leverage if they voted no until the seniority was resolved, now it’s completely up to the mainline pilots how this goes.
I’m also surprised they didn’t have a 17 year deal shoved it front of them, given according to yycjetdriver, us bad Jazz pilots set a huge precedent and everyone will have to sign extremely long term deals(paraphrasing, of course) guess he was wrong, shocker!
If only it were that easy. Due to a number of reasons I've outlined previously, simply voting No on a TA while waiting for the One List LOA to be signed wasn't an option. For a number of reasons, it did need to be the second step in the process.
I don't condone non-Jazz pilots from playing armchair quarterback on the Jazz TA. Respectfully, if you don't completely understand the situation suggesting that "Encore pilots have no one to blame but themselves" is a misguided statement.
According to our own legal beagle JBI, we mainline pilots of pre-2015 DOH were actually were better protected in the current situation if we had not signed the PTA and just kept the ALPA CBA as it was. As he stated:
You can feel however you want to feel. My "lawyerly dissection" will tell you what the contract (a document written by union and company lawyers) actually says.
I mean if your feeling is even though the company has to literally ask to renegotiate the CBA in order to lay you off and you still feel cheated, there's not much I can say to that. Also, if your feeling is that the only way you'll vote for a new LOA is that if, in addition to the contractual scope clause prohibiting layoffs for those hired May 2015 and earlier AND also prohibiting lay-offs of those after that date if as a result of business with Encore...”
In hindsight, maybe he’s right. Don’t know myself as I see legalese and my eyes glaze over.