Bidpacks
#22
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Joined APC: Mar 2023
Posts: 17
It is true that extra-territorial flying is outside of RLA scope protections.
However, 1.C.7 of the IPA CBA is as follows:
7.Resolution of Disputes Concerning International Operations
If any dispute arises as to the interpretation or application of Article 1 to international operations as defined in paragraph 4 above, the dispute shall be submitted to final and binding arbitration in accordance with Article 7 and Article 1.F. of this Agreement. The Company, its affiliates, the Association, and their successors agree, that in connection with any dispute before an arbitrator or in court, not to raise as a defense the non-applicability of the Railway Labor Act to international operations as defined in C. above or flights which originate or terminate in the United States. It is also agreed that the provisions of this paragraph are specifically enforceable. The duty to arbitrate as well as the judicial review of any arbitration award under this paragraph shall be specifically enforceable in either the Federal District Court for the Western District of Kentucky or the Jefferson County Circuit Court, Louisville, Kentucky. For these purposes the parties consent to jurisdiction and venue in these courts. The parties further agree that the choice of law in any such proceeding under this paragraph will be Sections 153 and 184 of the Railway Labor Act, 45 U.S.C. Sections 151 et seq. If the Jefferson Circuit Court refuses to exercise jurisdiction, either party may file suit under this paragraph in any state court which has jurisdiction over the parties.
If IPA Article 1 scope language was unenforcable with regards to international operations, then two questions are worth asking:
1. How have they had success enforcing it, including in arbitration, and;
2. Why would FDX management object to including scope language in a TA that helps TA ratification but doesn't actually restrict their plans?
However, 1.C.7 of the IPA CBA is as follows:
7.Resolution of Disputes Concerning International Operations
If any dispute arises as to the interpretation or application of Article 1 to international operations as defined in paragraph 4 above, the dispute shall be submitted to final and binding arbitration in accordance with Article 7 and Article 1.F. of this Agreement. The Company, its affiliates, the Association, and their successors agree, that in connection with any dispute before an arbitrator or in court, not to raise as a defense the non-applicability of the Railway Labor Act to international operations as defined in C. above or flights which originate or terminate in the United States. It is also agreed that the provisions of this paragraph are specifically enforceable. The duty to arbitrate as well as the judicial review of any arbitration award under this paragraph shall be specifically enforceable in either the Federal District Court for the Western District of Kentucky or the Jefferson County Circuit Court, Louisville, Kentucky. For these purposes the parties consent to jurisdiction and venue in these courts. The parties further agree that the choice of law in any such proceeding under this paragraph will be Sections 153 and 184 of the Railway Labor Act, 45 U.S.C. Sections 151 et seq. If the Jefferson Circuit Court refuses to exercise jurisdiction, either party may file suit under this paragraph in any state court which has jurisdiction over the parties.
If IPA Article 1 scope language was unenforcable with regards to international operations, then two questions are worth asking:
1. How have they had success enforcing it, including in arbitration, and;
2. Why would FDX management object to including scope language in a TA that helps TA ratification but doesn't actually restrict their plans?
3. How many beautiful brand new Maersk Air Cargo Widebody aircraft operate out of CGN every night?
4. If the IPA used negotiating capital to write such wonderful scope language into their contract, why are those pilots not provided the protections that it would seem to provide?
5. What compensation is UPS currently providing their pilots for operating outside of the language of their scope protections in this section?
#23
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Joined APC: Jun 2017
Position: 777 Left window seat
Posts: 679
#24
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Joined APC: Dec 2010
Posts: 3,116
3. How many beautiful brand new Maersk Air Cargo Widebody aircraft operate out of CGN every night?
4. If the IPA used negotiating capital to write such wonderful scope language into their contract, why are those pilots not provided the protections that it would seem to provide?
5. What compensation is UPS currently providing their pilots for operating outside of the language of their scope protections in this section?
4. If the IPA used negotiating capital to write such wonderful scope language into their contract, why are those pilots not provided the protections that it would seem to provide?
5. What compensation is UPS currently providing their pilots for operating outside of the language of their scope protections in this section?
5. Elaborate. In what manner is UPS operating outside of the negotiated scope protections?
#25
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Joined APC: Mar 2023
Posts: 17
#26
On Reserve
Joined APC: Mar 2023
Posts: 17
[QUOTE=threeighteen;3835488]4. They aren’t? Elaborate.
As stated, the section referenced provides beautiful language and a lot of feel good. I’ve heard it said many times that “we need to have the international scope protections that UPS has”. Unfortunately, UPS contracts a large share of their international flying to a service provider that operates a large fleet of wide body aircraft on a UPS ramp, carrying UPS freight. It seems that the scope language is not providing the intended benefit.
As stated, the section referenced provides beautiful language and a lot of feel good. I’ve heard it said many times that “we need to have the international scope protections that UPS has”. Unfortunately, UPS contracts a large share of their international flying to a service provider that operates a large fleet of wide body aircraft on a UPS ramp, carrying UPS freight. It seems that the scope language is not providing the intended benefit.
#27
On Reserve
Joined APC: Mar 2023
Posts: 17
To be clear, I’m not throwing any spears towards IPA / UPS. It’s a conversation about what amount of negotiation effort should be placed in international scope protections. As FBH previously stated……..any contractual provisions are unenforceable. Next time you taxi down the ramp at CGN in the early am, take a look around. Perhaps a gentleman from Brown can offer an opinion.
#28
Gets Weekends Off
Joined APC: Dec 2010
Posts: 3,116
To be clear, I’m not throwing any spears towards IPA / UPS. It’s a conversation about what amount of negotiation effort should be placed in international scope protections. As FBH previously stated……..any contractual provisions are unenforceable. Next time you taxi down the ramp at CGN in the early am, take a look around. Perhaps a gentleman from Brown can offer an opinion.
#29
Gets Weekends Off
Joined APC: Nov 2017
Posts: 2,111
As stated, the section referenced provides beautiful language and a lot of feel good. I’ve heard it said many times that “we need to have the international scope protections that UPS has”. Unfortunately, UPS contracts a large share of their international flying to a service provider that operates a large fleet of wide body aircraft on a UPS ramp, carrying UPS freight. It seems that the scope language is not providing the intended benefit.
PS. I'm not an attorney.
Last edited by FXLAX; 09-07-2024 at 09:38 PM.
#30
Gets Weekends Off
Joined APC: May 2006
Posts: 997
Is your point that the Star Air fleet operating out of CGN is coincidental? Ask anyone that previously operated out of CGN. Those aircraft are on the UPS ramp carrying UPS freight. No, not just a few aircraft carrying a few cans for UPS. They are the contract service provider for UPS.
Star Air SRR6977 05/01/24 05/31/24 12345 76X EMA 2140 CGN 22:55 1 - Note 1 denotes "Company does not possess all requisite regulatory/traffic authority for this routing. The Company has not determined whether it would be operationally feasible to operate this routing."
Atlantic Airlines NPT1566 05/01/24 05/31/24 6 73P EMA 0416 EDI 05:16 3 - Note 3 denotes "Subcontracted due to unavailability of common carriage to meet service needs."
Yes the company contracts a fair amount of flights to Star Air in Europe, but this is due to the lack of all requisite regulatory/traffic authority for those routes and Star Air usually covers flights when a UPS jet has a mechanical issue or if a crewmember is not able to fly, since Star Air, being a European-based carrier, has rights to anywhere in Europe.
UPS has added several routes within the past few years flown by IPA pilots (SNN/DUB/LCA/IST/TLV). All trunk routes to/from Europe and Asia are flown by IPA pilots.
The company may contract additional lift for up to 45 days per year to support volume surges. Several years ago they exceeded this limit and were sued by the IPA, who won this challenge along with many other instances where the company attempted to exceed contractual limits.
Last edited by Precontact; 09-08-2024 at 12:05 AM.
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