ALPA Pilot Bulletin, January 1972, Vol. 31 No. 1

PILOT BULLETIN INFORMATION FOR MEMBERS ONLY PUBLISHED MONTHLY BY THE AIR LINE PILOTS ASSOCIATION, 1329 E STREET, N.W., WASHINGTON, D.C. 20004, EXCLUSIVELY FOR MEMBERS

VOL. 31, NO. 1 JANUARY 1972

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ALPA EXECUTIVE BOARD MEETS

The Executive Board of the Association resolved at its 14th meeting (Dec. 7-10) in Washington to register "total opposition" to FAA's proposal to impose responsibility for medical certification and surveillance of flight crew members upon the individual air carriers. The Board directed the Aero-medical-Flight Time/Duty Time Committee "to take any and all steps it feels are necessary to prevent the adoption" of the proposal and instructed the Association's President to "provide the necessary support and resources," and including "if necessary" re-convening the Executive Board for consideration "of other appropriate courses of action."

The Board, after lengthy discussion concerning the impact of the Aloha arbitration award on ALPA's crew complement policy, reaffirmed its "full and vigorous support of the crew complement policy and of all existing agreements and awards establishing the same." The Board said that consistent with the Nov. 23 arbitration award (which it noted "applied and interpreted the Association's policy as being founded on safety as related to the operating conditions and enviroment of the carrier involved") and consistent with past practice, the Boeing 737 crew complement policy is interpreted to require "with the concurrence of the Executive Committee and the President" that the MEC on each airline involved assess that airline's conditions and enviromental factors "and reach a determination as to the basis of implementation" of the crew complement policy. The Board ordered the President to "cause the Association to provide full support to such determinations" and to conclude agreements that give full effect to such determinations.

Finally, the Board said the President and the Executive Committee should study and evaluate "crew coordination and operating techniques on all airline jet aircraft."

Other actions taken by the Executive Board include the following:

► Supported the Airworthiness and Performance Committee in its concern over the use of reduced-thrust takeoff procedures.

► Referred a proposal that ALPA initiate an aggressive policy with FAA to establish positive control, climb and descent corridors, "a high-

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WARNING - NO IMMUNITY!

Pilots are warned that, effective Dec. 31, 1971, they are no longer provided with immunity when Near Mid-air Collision Reports (FAA Form 8020-1) are filed.

President John J. O'Donnell attempted to persuade FAA to retain the immunity provision, but so far, without success. The ATC Committee will again seek to convince FAA that the near mid-air reporting program is useless without some protection being given to the pilot and controller, alike. As additional information becomes available, it will be reported in ALPA publications.

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ly complicated subject," to the National ATC Committee, the national committee involved with this problem.

► Noted that "it is in the best interest of" ALPA "to present a unified position to the government and industry on those subject areas which affect the entire membership" and resolved "that before any pilot group or representing body of the Association takes action on subjects under the per-view of an ALPA national committee and not covered by ALPA policy, the proposed action be brought to the attention of the responsible national committees for their review and analysis to ensure a coordinated position."

► Directed the President "to actively pursue" ALPA policy, adopted in 1962, "to work to bring international flight duty time limits into line with domestic FAR limits."

► Directed the Association to institute a procedure of withholding dues from flight pay loss checks.

► Noted that the use of "Air Line Pilots" in the name of any organization, other than ALPA "is confusing and misleading to the membership, the public, the government and the industry and might be harmful to the public image of the Association," and resolved "that all members so involved refrain from any activities which generate the impression that they or their organization, association or firm acts in behalf of or under the jurisdiction

(Continued on page 2)

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LATE NEWS ROUND-UP

● Revised ALPA merger policy has been adopted by the Executive Board (see page 2).

● The Department of Transportation is investigating the manner in which a Delta 880 was contaminated by radioactive leakage. DOT is attempting to determine whether the cause was from faulty packaging or from handling damage.

● CAB examiner is against AAL-WAL merger plan (see page 4).

● PATCO says FAA has fired four more controllers for their actions during a "sickout" in March 1970, bringing the number of dismissed controllers to 80. Thirty-eight of the 80 have won their jobs back through appeals procedures and the courts.

● ALPA opposes DOT action in AAL-WAL merger case (see page 5).

● "Cooper" is no Robin Hood (see page 7).

● NTSB and FAA officials say that a National Airlines 747, which ran afoul of turbulence, did so as the crew picked its way through thunderstorm cells using airborne radar.

● Pilots should specify payments (see page 8).

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DB Cooper-618

ALLEGHENY - MOHAWK LABOR PROTECTIVE PROVISIONS RECOMMENDED

For the second time in less than a week a CAB hearing examiner supported a position long urged by ALPA and recommended sweeping changes in the labor protective conditions traditionally imposed in merger cases. (PILOT BULLETIN, November, page 1). In his recommended decision approving the Allegheny-Mohawk merger, Examiner Merritt Ruhlen rejected the position of the carriers that the so-called "standard" provisions first imposed in the United-Capital merger case over a decade ago should be imposed again without change. Addressing himself directly to the changes in the provisions recommended by ALPA, Ruhlen wrote: "It is necessary to consider the suggested changes on their merits rather than to rely on a decision of 10 years ago made in a different economic climate upon a different factual basis."

Ruhlen's recommended decision endorsed the following changes in the standard provisions urged by ALPA:

(1) A shifting of the burden of proof under the United-Capital formula so that a claiming employe would be required to do nothing more than show that a merger occurred and that his condition of employment changed adversely. Should the employer contend that the change was the result of some factor other than the merger, the burden would be on the employer to establish that contention through the production of evidence. (Under the United-Capital formula, an employe must carry the virtually impossible burden of showing that his change in employment was caused "solely" by the merger and no other cause.)

(2) A change in the compensation for a displaced employe to include average compensation during the base period plus "subsequent wage increases" for the duration of the protection period. (United-Capital excluded all such increases.)

(3) A change in the base period used for determining average compensation to the one-year period "immediately prior to (the employe's) displacement" rather than one year prior to the merger as under the United-Capital provisions.

(4) An extension of the protective provisions'coverage to all employes whose job status may be changed by a carrier's rearranging of its work force in anticipation of a merger regardless of the date on which such a rearrangement actually takes place.

Examiner Ruhlen's decision is now subject to review and amendment by the full CAB as well as final approval by President Nixon before it may take effect. ALPA attorneys have filed briefs in both the Delta-Northeast and Allegheny-Mohawk merger cases urging that the specific differences of the alteration in labor protective provisions recommended by the two hearing examiners be rationalized in such a manner as to preserve the most substantial changes in the old and inadequate United-Capital formula.

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BOSTON PILOTS BRIEFED ON BENEFITS

Pilot retirement and insurance benefits was the subject of a presentation by ALPA's Retirement and Insurance Department in early December. The purpose of the experimental program was to present directly to pilots an analysis of their benefits and options in both the retirement and insurance areas.

Eastern pilots' benefits were chosen for the analysis and the presentation was made at Boston's Logan Airport on Dec. 2-3 by ALPA Field Representative Rhoads Donovan and Insurance Analyst Stuart Hall.

The program was a formal presentation by both representatives with the help of visual aids that outlined the Eastern Pilots' Fixed (A) and Variable

(B) Retirement Benefit Plans and the Group Insurance Program. Pilots were encouraged to ask questions and forms were provided for more detailed problems that could be answered through the Retirement and Insurance Department at ALPA's Home Office in Washington.

The experimental presentation was basically successful. One problem area, however, was the lack of sufficient advance notice, which resulted in a small attendance. Both representatives felt that although attendance was minimal, the information program proved worthwhile and was well received by the pilots who were able to attend.

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PILOTS SHOULD SPECIFY PAYMENTS

Inasmuch as the new dues and insurance system has billed both 1972 dues and insurance, when remitting your payment please allocate your remittance to dues and/or insurance in the space provided on the remittance stub. Should such an allocation be omitted, your remittance will be allocated by the computer.

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RUNWAY AT GREATER WILMINGTON AIRPORT REOPENED

ALPA has been notified as of Nov. 15, the East West (9-27) Runway at the Greater Wilmington (Del.) Airport was reopened after complete strengthening over its 7,000-foot length to 250,000 pounds maximum gross weight tandem wheel loading.

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PILOT BULLETIN

AIR LINE PILOTS ASSOCIATION 1329 E STREET, N. W. WASHINGTON, D. C. 20004

Second Class Postage Paid at Washington, D.C.

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DB Cooper-6182