Saturday, April 27, 2013

Getting What You Negotiate


Getting What You Negotiate: An Eye-opening Work Rules Comparison (Installment 2): Duty and Rest

Sign a card for the IAM and your layover rest could go down to 7:30 (release to report) with no behind the door guarantee. Read below for the facts that IAM has kept from you during the last eleven months of their campaign and find out what else their supporters think you should give up so they can find their way to cushy, non-accountable union positions.

“In business you don’t get what you deserve (sic) you get what you negotiate.”

In my last email, I wrote about the two lifted taglines that the IAM has been using in their campaign to try to organize the Delta flight attendants. One is Delta’s “strive for five” slogan, which is being used as part of their card drive.

But the mantra that is headlining their website; the one that is big and bold when you navigate to their homepage . . . the one that is seemingly, by virtue of its prominence and placement, the underlying theme of their campaign is “you don’t get what you deserve, you get what you negotiate.”

There’s something odd and disturbing about lifting a sales pitch from a guy who’s trying to sell books or DVDs or seminars on negotiation techniques for sales people and trying to twist it into some sort of prophetic maxim on unionism or collective bargaining.  After all, the advertising department or the marketing team or the PR guy that came up with this slogan wasn’t talking about unions or flight attendants; that campaign was about selling something.

It’s about as appropriate as saying: “We bring good things to life – vote union.” Or “Just do it . . . sign a card.”  Or “Look Ma, no cavities – vote for us!” Or “Where’s the beef? Here’s a bag tag.” It all sounds good on the surface, but it rings hollow to anyone who looks deeper or applies critical thinking and objective analysis to the facts that belie the false promise of the feel-good phrasing.

This slogan raises two very important questions that I’m sure most Delta flight attendants have already considered, but which deserve discussion nonetheless:

1)        If no one has negotiated for the Delta flight attendants, how did we get what we currently have?

2)        What exactly has the IAM successfully negotiated for their flight attendants?

Maximum Duty, Minimum Rest

The way that IAM campaigners (and a few others) have been carrying on the last several months, you would think that the aisles of the IAM Continental planes are lined with gold and the crew bunks are fitted with satin sheets and ermine comforters while we poor Delta flight attendants are relegated to the galley, shackled to a bench, handed an oar and told to keep rowing.

So let’s take a look at the working conditions that the IAM negotiated for the Continental flight attendants in two important areas: maximum domestic duty day and minimum rest.

IAM – Continental Contract

The IAM contract is pretty clear on the maximum scheduled and maximum actual duty day:

“maximum duty limitation for trips between the forty-eight (48) contiguous United States and Mexico, the Caribbean, Canada, Central America and Alaska or for trips wholly within the forty-eight (48) contiguous United States will be fourteen hours (14:00) scheduled; sixteen hours (16:00) actual.”

Sound familiar? Here’s why:

Delta Work Rules

“Scheduled & Rescheduled Maximums
The maximum you will be scheduled on duty is 14 hours.

Projected or Actual Maximums
When delays occur, you are not required by Delta to remain on duty over 16 hours.

If due to delay, the next flight segment to be flown causes the projected duty time to exceed 16 hours, you have the option to be released from that flight segment, prior to departure, by contacting Crew Tracking. It is within the sole discretion of each individual flight attendant to decide in any given situation whether they will remain on duty beyond 16 hours.”

That’s odd. The “negotiated” language is practically identical to the non-negotiated language. How can that be? One was negotiated, the other wasn’t. What gives? Is this a one-time aberration?

# # # # # # #

Let’s try another section. How about minimum rest? Let’s compare that:
(Note: The IAM contract counts rest from block-in to block-out time. I’ve standardized it to duty release to duty report time for an accurate comparison with the Delta work rules.)  


Minimum scheduled domicile rest (release time to report time) after a duty day of 14:00 hours or less:

IAM Continental contract: 8:45 (line holders) or 9:45 (reserves)
Delta work rules 11:00

# # # # # # #

Minimum actual domicile rest (release time to report time) after a duty day of 14:00 hours or less:

IAM Continental contract: 7:45 (line holders and reserves)
Delta work rules 9:00

# # # # # # #

Minimum scheduled layover rest (release time to report time) after a duty day of 14:00 hours or less:

IAM Continental contract: 9:00
Delta work rules 9:15

# # # # # # #

Minimum actual layover rest (release time to report time) after a duty day of 14:00 hours or less:

IAM Continental contract: 7:30
Delta work rules 8:30

# # # # # # #

Minimum scheduled domicile rest after a duty day of 14:01-1600:

IAM Continental contract: 12:00 or 10:00 provided the following rest is at least 14:00
Delta work rules: 14:00

# # # # # # #

Minimum actual domicile rest after a duty day of 14:01 – 16:00:

IAM Continental contract: 12:00 or 10:00 provided the following rest is at least 14:00
Delta work rules 12:00 with no reduction to 10:00

# # # # # # #

Minimum scheduled layover rest after a duty day of 14:01-1600:

IAM Continental contract: 12:00 or 10:00 provided the following rest is at least 14:00
Delta work rules: 14:00

# # # # # # #

Minimum actual layover rest after a duty day of 14:01 – 16:00:

IAM Continental contract: 12:00 or 10:00 provided the following rest is at least 14:00
Delta work rules 12:00 or 10:00 provided the following rest is at least 14:00

# # # # # # #

Behind the door minimum rest guarantee (from the time you receive your room key until van departure time):

IAM Continental contract: 0:00 (yes, that’s zero guarantee)
Delta work rules 8:00

# # # # # # #

In two categories, the Delta work rules match the IAM contract language and in six out of the eight categories above, the Delta work rules are better than the IAM negotiated language. And not just by a little but by significant margins. It’s not even a case of “well, we’re a little better in this category, but you’ve got us beat in that one.” This is a slam-dunk.

Perhaps most significant is the behind the door guarantee, which is something that IAM Continental and AFA United have been trying to negotiate into their contracts for years. And they have failed. Time after time.

Aberration or are they just making stuff up?

We have to ask ourselves – and rational, logical thinkers have already asked themselves: What gives? Why is this very vocal group of people complaining about how bad we have it here at Delta and why is this same group of people advocating that we lock ourselves into an unchangeable, binding, black and white agreement with shorter rest and longer duty days?

What could they possibly be thinking? Or have they thought at all? Have they even looked at the IAM track record? Or do they not care about pesky details like facts and history and analysis? Who are these reckless people that seem to want to lead us off a cliff and why do they refuse to deal in facts and evidentiary reality? Why are they so afraid of the truth?

Unless you’re the kind of person who buys a car without getting behind the wheel for a test drive; unless you’re the type of person who buys a house without walking through it or driving around the neighborhood; unless you’re the type of person who considers a trip to Las Vegas your version of retirement planning, I urge you to read the IAM Continental contract for yourself as part of your decision-making process. This is a big decision and it shouldn’t be made from a place of blissful ignorance. In the meantime, I’ll continue to present objective, factual, indisputable comparisons.

In upcoming blogs: Delta A-Days vs. IAM full-month Reserve and a history of airline pay scales.

Sincerely,

Jose Arturo Ibarra