Brothers and Sisters:

2009 proved to be a trying time for airline workers - 2010 doesn't seem to show much relief. With increasing FAA oversight, the airlines, and their employees are under further scrutiny and may find themselves answering an FAA Inspector's questions. Most members have not been subjected to this uncomfortable situation, but they need to be prepared in the event that it does happen. Your career or your license may be in jeopardy. You must conduct yourself professionally during an FAA investigation.

The TWU License Protection Program is designed to assist any member who receives a Letter of Investigation (LOI) from the FAA. You may be unfamiliar with the program so I have laid out some of the basics.

The LPP was created in 1991 to assist any federally licensed TWU member facing an FAA investigation. The program helps guide members during an investigation and outlines some of the do's and dont's should you be involved in one. Informing and defending the member's rights during an investigation is the main tenet of the LPP.

License Protection Program:

1. As soon as you receive an FAA Letter of Investigation (LOI,) contact your local union representative or your Aviation Safety Action Partnership (ASAP) representative. They can give advice and guide you through the process. Oftentimes the LPP or ASAP representative works informally with the FAA Inspector to cool things down and assess the FAA's case.

2. You are strongly urged to answer the LOI. While a response is not required, many cases are resolved based on good LOI responses. Also, the FAA feels that non-response is an affront to the agency, a sign of disrespect and indicative of guilt.

3. If you did make an error it is better to own up to it by thoroughly explaining what happened and explain any mitigating circumstances. To deny and blame others can bring about severe consequences if found to be untrue. The FAA often has pictures and statements (evidence) to back up its claims, particularly in serious cases. When you have actually erred, a good and contrite explanatory letter can often help in closing the file, with little or no action taken against you.

4. It is best to handle the response through the union and by letter rather than by talking to the FAA Inspector directly; anything you say to the Inspector can be used in the case against you. Of course the FAA can proceed to question you, but if they do, you should ask at least to have an ASAP or Union Representative present.

5. Make the first attempt at a response explaining what occurred and offering any mitigating circumstances. Try to avoid jargon or acronyms; e-mail, fax or scan your response, as well as the FAA letter and all pertinent information; send them to the ASAP or Union representative, they will get you in contact with TWU's attorney. He will then convert the response into an answer for the FAA that most effectively presents your side of the story. You are bound by time limits, so move quickly once you sign the receipt of the FAA letter. The LOI requires a response within 10 days; however, your window of opportunity for ASAP is limited to 24 hours after receipt of your certified letter from the FAA.

6. Do not antagonize the Inspector, even if you feel you did nothing wrong or that you are being made a scapegoat. The Inspectors are the ones who propose the penalties; the FAA attorneys treat the Inspectors like clients. If you are hostile to an Inspector, you may feel better for a while, but in the long run you will hurt yourself. This does not mean admitting error when there was none, but the response should be courteous and respectful.

7. Take advantage of your TWU Resources - do not rely on the company. Sometimes, the airline/company says it will handle things and that you are being mistreated, they will take care of you; this rarely works. In most cases, the company receives a LOI on the same investigative event the member has. The company generally has a different goal in mind for these investigations and they will rarely put your well being ahead of their own.

The TWU is prepared to defend our members that find themselves in this situation. For more information on the LLP and ASAP, pick up a brochure from your local or visit the web site.

http://asap.twu.org/

First of all, I would like to acknowledge the hard work that thousands of our members working outdoors, have endured this winter. Our service locals and most of the airline locals have a large majority of members that work in the elements twenty-four hours a day, 7 days a week. In terms of measured precipitation, this winter has been exceptional, as these members experience one of the most formidable winters in years. Airline employees have been bludgeoned by continuous back to back snow storms that closed numerous airports in Chicago, Illinois, Washington D.C., Baltimore, Maryland and every major airport along the East coast. Countless numbers have been stranded at work and had to persevere through miserable weather conditions and work shorthanded. Those at work had to cover for those stranded at home or stuck on snarled roadways trying to get to work. In February, DFW International Airport recorded its worst snow storm in its history, when 12.5 inches of snow fell in one 24 hour period; that is totally unheard of in Texas! As a frequent traveler, I know the de-icing crews have one of the most difficult tasks of all, and I want to say, thank you, for doing a wonderful job despite the challenging circumstances that you work in.

For American Airlines, some good news, Japan Airlines (JAL) has decided to stay with the oneworld alliance and the Department of Transportation recently granted American antitrust immunity (ATI) with British Airways and Iberia. They can proceed with their joint business agreement (JBA.) Delta Airlines and United have had ATI status within their alliances, so it seems only fair that American finally receive the same consideration from our government. We have publicly supported American's business initiatives because it provides a level business field for U.S. carriers competing for the global skies market. On the other hand, the TWU announced that we would ask to be released from mediation if agreements aren't reached with all TWU represented work groups at American Airlines by March 8, 2009. By the time you read this article there could be more serious developments, so please keep yourself informed through your locals or log onto http://www.twu.org and visit the AA contract negotiations link.

Speaking of level fields and agreements, labor is no different. We actively work alongside other labor unions which have similar interests for their member's welfare. Industry safety concerns, ASAP programs, pension and health care coverage, but, the largest joint effort is joining forces to lobby and support political candidates that are legislatively, labor friendly and pro union, such as the Employee Free Choice Act. One example of our involvement with other unions is the article, "Professional Responsibility," co-written by our own Tim McAninley ATD Communications Coordinator, and Chris Moore International Brotherhood of Teamsters, both are Aviation Maintenance Technicians and Moore is Chairman of the Teamster Aviation Mechanics Coalition. Together, both have been fighting for passage of the FAA Reauthorization Bill which would level the field for AMT's working in this country and put a stop to wholesale outsourcing of aircraft maintenance work to foreign repair centers.

In closing, I want you to know that Jose Galarza International Representative and American Eagle System Coordinator, has been recalled to military duty. Jose has certainly been a credit to the Division and we will miss him. In June, he will deploy to Iraq for his second tour again placing himself in harm’s way, to serve the nation and preserve our way of life. We wish him God’s speed and ask that you continue to keep him and his family in your thoughts and prayers. Lastly, I want to thank Local 570 President Dan Rivera, for shouldering Jose’s workload during his absence. Dan is an experienced advocate and negotiator who is well respected amongst his peers as well as management.

Dear Brothers and Sisters,

By now you may have received a promotional flyer in the mail from American Airlines called “From the Ground Up”, a slick pitch intended “only to provide a description of the facts and issues already presented at the bargaining table.” A couple of questions immediately come to mind. First, how much did this flyer cost to produce and mail to nearly 10,000 fleet service households? Second, how accurately can these bullet point “facts” represent the complex realities that have been central to these negotiations for well over two years?

Despite the flyer’s disclaimer that asserts it is not negotiating directly with you, the membership, be assured that is exactly what it represents. Putting management’s version of the facts before you, without the years and months of context that defines both their table position and ours is a divisive, dividing tactic. The pages presented in this supplement are intended to bring balance to American’s message and to give you some insight into a difficult negotiating environment, one that has strained the resources of our Locals and the patience of our members.

The TWU is committed to bringing back a contract that is fair and non-concessionary. Your negotiating committee has made reasonable, credible, creative proposals during the past 31 months that have addressed each and every one of the Company’s competitive issues. These proposals were crafted in ways that would not degrade your contract or do harm to current or future members; they were proposals that would provide AA with long term competitive changes that would address their needs in the long run. But they want it all now. Management continues to pass proposals that will degrade our agreements permanently in exchange for pocket change. They seek fundamental modifications but refuse to assign dollar values to them. In the end they want a bankruptcy agreement without the bankruptcy.

Management asserts that they are simply giving you “facts”. Their flyer does present facts, but in isolation – they are not all of the facts, they are often facts out of context, and they are arranged such that related facts are presented separately so that their full impact is hidden. In total, “From the Ground Up” is the facts viewed through the Company’s rose colored glasses, and as a result is a distortion of those facts.

The TWU believes that a healthy, competitive, and profitable American Airlines is the key to our futures and job growth. We have worked towards this goal by being collaborative and supporting the Company’s “working together” initiatives. We are not, however, interested in further gutting what is left of our contracts as a sacrifice to make American healthy – we already did that. In the end we are not interested in voluntarily giving up 900 jobs, placing small cities at risk, or degrading your fundamental benefits.

When you read the Company’s flyer, please review it with this TWU Supplement at your side as an additional resource that will help you get the whole picture. Only then will you have an unbiased version of the facts. Thank you for supporting your negotiating team as it continues to work towards a fair agreement for our members.

Fraternally,
John M. Conley
Airline Division Director International Administrative Vice President

by Asst. Director of the Air Transport Division Robert Gless
December, 2009

Most likely you've heard the term before, perhaps during a S.W.A.T. type television show or a news report on the specifics of a daring military mission. Military experts would explain "situational awareness" as the ability to gather the facts of a threatening situation swiftly and accurately, consider these facts to assess your surroundings and develop an operational plan - all while adjusting your resources and confronting the threat to complete the mission. Simply put, situational awareness is the act of being aware of your surroundings and planning tactfully and accordingly to address the situation.

I recently heard the term while listening to FAA Administrator Randolph Babbitt speak at a DC luncheon and it hit me; that term is easily applicable to the U.S. airline industry and its "mission". A few airline executives have a grasp of the specifics in their ever- changing environment, the "threat". They adjust resources and constantly assess competition and options, but oftentimes without regard to the workers who run the day-to-day operations they oversee.

The Local 234 SEPTA strike in Philadelphia and the closing of a major aircraft maintenance base affecting Local 530 members in Kansas City, has made it clear that some companies no longer stand by their word, or have the ability to stand by their word. They continue do what is best for the bottom line with no consideration for their workers. When companies behave this way, we have to act accordingly to the situation.

For the past few years, those who have been in negotiations realize that standard collective bargaining rules no longer apply. We've seen this with situations like Southwest Airlines' requesting its dispatchers to ferry aircraft to El Salvador for maintenance and AMR's demands for cost neutral collective bargaining agreements, while rewarding top executives with bonuses as the company continues losing money.

As labor, our situational awareness is heightened by the fact that our economy has not stabilized and that keeps us in an unfavorable position. The airline industry has never experienced such economic turmoil in its history. We are doing all we can politically and at the bargaining table, to fight for our members during this lengthy recession.

Many of you have contacted me directly to voice your disappointment with AMR's contract negotiations; I am frustrated too. We have to continue with the mediation process until the time comes when we can ask the National Mediation Board (NMB) for a release. As we move closer to resorting to such action, I want to use this opportunity to explain the NMB process.

Under the Railway Labor Act, the union or company sends notification of an interest to modify the Collective Bargaining Agreements (CBA) under section 6, so that both parties can engage in discussion regarding pay, benefits and work rules. During that process either party (or both by agreement,) is free to request an NMB mediator be assigned to assist the parties in obtaining a mutual agreement that then must be ratified by the rank and file members.

Either party can request that they are at an impasse in the event that an agreement cannot be reached. Once an impasse is declared, the NMB offers binding arbitration to both parties. If this is rejected by either party, then a 30 day cooling off period goes into effect and the countdown begins.

At this point, the union and company need to decide what they are prepared to do in order to reach an agreement. After the 30 days, the company is free to impose an agreement of its own and the union is free to impose "self help". Self help can be defined as an all out strike or strategic pinpointed attacks of a company's operation.

I have monitored the lengthy AMR negotiations and am briefed regularly of all situations that influence our potential agreements. Our Negotiations Committees are dedicated to being alert and responsive to the changing dynamics of the industry and factor that into our plans in order to get the fair and equitable contract our members deserve. As airline employees we are very familiar with the need for situational awareness. In many aspects of our lives we need to stay attune to our ever changing landscape, constantly reviewing our game plan and prepare for the worst and best case scenarios.

I wish you and your family a safe and happy holiday season.

Announcements of base closings and job losses are always difficult to accept, these deep cuts are especially painful. AMR’s maintenance operations in Kansas City, Detroit, the Twin Cities and San Jose will be completely discontinued.

We know that this decision is completely unrelated to the quality, skill, work ethic and professional behavior exhibited by those affected – performance is not the question.

The factors leading to these cutbacks are not state secrets. The ongoing and unrelenting pressure created by economic uncertainty, instability, unpredictable revenue streams and overcapacity have contributed to an overall industry contraction. Add this to the lingering effect of frequent mismanagement and a deregulated environment combined with cutthroat domestic and international competition and you have turmoil.

TWU and AMR have worked closely in recent years to keep maintenance in-house, to market our facilities to other airlines and to find new ways to boost productivity. However, our efforts to save jobs, at MCI in particular, which started before the recent recession, have been hindered by the decline in travel over the past year. We’re still hopeful that before the Kansas City facility closes late next year that industry conditions will improve and allow many of our members to find work elsewhere in the company.

By the time you read this article, we will have
recognized the eighth anniversary of September 11. Certainly and unquestionably the most devastating and horrific event of my lifetime, others include; the assassinations of John F. Kennedy, November 22, 1963, Martin Luther King Jr. April 4, 1968 and Robert F. Kennedy June 5, 1968.

I will never forget where I was and what I was doing when United Flight 175 was flown into the South Tower of the World Trade Center at 0903 which, as we remember, was preceded by American Flight 11 at 0846 into the North Tower.

The attacks debatably ignited an economic malaise, creating a downward spiral of global proportions, from which we have yet to recover. Since that day our Division has endured one “body blow” after another, indiscriminately affecting virtually every local and discipline, Government, Public and Private alike. Coupled with a dreadful economy, bank and lending collapses, industry failures, housing slumps, loan foreclosures, untold bankruptcies and of course the epic proportion of financial fraud by Bernie Madoff. He is just one of many, some have yet to be brought to justice but the damage is obvious to our nation’s financial psyche.

Overcoming perpetual obstacles, transforming challenges into opportunities and snatching victory from the jaws of defeat, seem to have become the order of the day. Make no mistake; this is not a light hearted micro observation. Many of our member’s lives, their families, homes and communities have been irrevocably altered. The testament lies in the fortitude, courage, tenacity and unyielding will, exhibited by you!
A marathoner paces and relies upon endurance, after all the start is irrelevant – the finish is all that matters.

The near term challenges will include solidifying a viable FAA Re-authorization Bill. One that addresses congestion and tarmac delays (ATC), technology advances with NextGen GPS tracking, foreign maintenance and repair standards, etc. Monitoring the Federal Register for Notice of Proposed Rulemaking (NPRM) modifications, providing comments and insisting upon direct participation are essential, visit http://www.ed.gov for more inform-ation. FMLA and OSHA reforms are necessary and must be secured further testing our perseverance and stamina.

Other venues requiring due diligence are the Open Skies II agreement, and pending anti-trust immunity for legacy carriers. By partnering and combining services in appropriate markets, these carriers will enhance and thus share in the growth of profitable routes. An ever present threat is the consolidation and or bankruptcy of air carriers. There is always a boomerang effect in this business, some positive but oftentimes not. We must remain engaged to have our needs addressed as the business continues morphing around us. There will be many more challenges ahead.

The Jedi Master – Yoda, a Star Wars character said, “Do or do not, there is no try.”

In May, officers at Local 556, 557 and 525 took their oaths of office.  Local 557 Flight Crew Training Instructors was issued its new charter on May 26.

During the first week of June, I attended the Texas AFL-CIO Labor Management Conference where I attended keynote speaker presentations and participated in multiple workshops.
On June 10th I attended the TWU Health and Safety Training meeting and extend special thanks to Local 513 President Darrin Pierce and his staff for hosting the event.  I also have to thank the folks at 513 for their continued support for the TWU motor coach project, including providing its home and staging area.

I had the opportunity to attend the swearing in of the new Federal Aviation Administrator, J. Randolph Babbitt, by Department of Transportation Secretary Ray LaHood and I will be in Brussels from June 20 to the 25th for the second EU-US Labour Forum and look forward to reporting on the issues discussed upon my return.