OPEIU Local 108

 

Membership Meeting Minutes

 

October 23, 2008 

 

 

  CALL TO ORDER

 

 

This membership meeting of OPEIU Local 108, held at the Best Western Hotel in Houma/Gray, Louisiana, on October 23, 2008, was called to order at 1840 hrs. by Local 108Trustee, Paul Bohelski.

REPORT OF PENDING LEGAL MATTERS

FEDERAL LAWSUIT

Trustee Paul Bohelski reported the trial set to begin on November 3, 2008 is rescheduled tobegin on June 9, 2009. As previously reported, the Honorable Rebecca Doherty of the UnitedStates District Court for the Western District of Louisiana granted PHI’s emergency motion tocontinue the trial due to great disruption and operational difficulties caused by HurricanesGustav and Ike.

STATE OF CALIFORNIA V. PHI, INC.

On September 3, 2008, a California Superior Court Judge held that PHI had no legal supportfor withholding wages based on some vaguely articulated policy or past practice.

At the time of our membership meeting, we were waiting for clarification of the final Decision.

On November 10, 2008, the Superior Court for the State of California, County of Shasta adopted its tentative ruling of September 3, finding in favor of three California pilots fromwhom PHI made equipment deductions in September 2006. The Court granted summary judgment in favor of the three pilots and against PHI. Under the Court's ruling, PHI isobligated to pay each of the pilots their withheld wages, interest, waiting time penalties andattorneys' fees and costs. The wages, interest, and penalties for the three pilots totaledapproximately $36,000.00 prior to this decision. It is anticipated that a separate motionoutlining the attorneys' fees and costs to be sought by these pilots will be filed. The Court hasyet to enter a formal written order but that should be forthcoming. PHI does have the optionof taking an appeal to the appropriate state appellate court in California.

PHI’s MOTION TO VACATE CONTRACT PILOT AWARD

We are waiting for the federal court to issue its decision either to uphold or vacate an arbitrator’s Decision and Award, ordering PHI to proceed with the Union’s grievance based on the merits of the case, alleging PHI breached the CBA by improperly utilizing the services of the so-called “contract pilots” in violation of the CBA. We are hopeful that the court’s decision will be a favorable one, and then we can proceed with a new arbitration hearing to resolve this dispute once and for all.

 

ARBITRATIONS

 

An arbitration hearing was held on August 27, 2008, in Phoenix, Arizona, regarding the wrongful termination of Captain Johnny Strickland. You will recall that PHI terminated Captain Strickland and another pilot, Captain Bill Sorenson in October 2006, for allegedly making death threats to scabs during the strike. The parties submitted closing Briefs on October 24 in the Strickland case, and we expect a Decision and Award in that matter within thirty-days from the filing of the Briefs. Captain Sorenson’s hearing was scheduled on June 11, 2008. At that hearing, a compromise was reached between the parties, and the case was amicably settled.

CONSOLIDATED ARBITRATIONS SCHEDULED

An agreement was reached between the Union and PHI to consolidate several issues into groups, as they relate to matters contained in the lawsuit as follows:

1. Wrongful termination of Captain Paul Huertas is scheduled to be heard before a neutral arbitrator on Monday, November 17 (and 18, if necessary). We expect a decision within sixty to ninety from the close of the hearing;

2. Working for Competitors issue. Several pilots were terminated for allegedly working for a competitor during and post strike while awaiting recall. A neutral arbitrator has been selected and we are in the process of firming up the hearing dates. We are hopeful this case will be heard sometime in December 2008;

3. The matter of PHI imposing fitness for duty examinations of several striking pilots has been consolidated into a single hearing. A neutral arbitrator has been selected and hearing dates are being coordinated between the parties;

4. The matter of payment of sick leave for pilots unable to return upon recall. Although the Federal Mediation and Conciliation Service have provided a list of neutral arbitrators to hear this case, the arbitrator selection process is being held in abeyance while the Union considers a compromise offer made by PHI to settle this short of an arbitration hearing.

RENEWAL LABOR AGREEMENTS REACHED AT OPEIU LOCAL 102 & LOCAL 107

OPEIU Local 102, representing the some 375 IP’s at Fort Rucker, Alabama, ratified a new 3-year deal with LSSI, on September 5, 2008. The new CBA is in line with its goal of reaching DAC, Step 13 pay parity. Local 102 was successful in maintaining its health care plan with negligible increases in monthly premiums. This is a major accomplishment considering the present condition of health care in this country.

 

The annual salary rates at Local 102 provides that a newly hired IP will reach top pay levels after completing 11 years of service. The entry level annual salary immediately went from  $54,036 to $65,004; by October 2010 the annual entry level wage will be $70,308. An IP with 11 years of service went from $85,920 to $89,352; by October 2010, top pay will be $96,648.

Pilots with 11 or more years of service shall receive an additional annual bonus of $2,400 in each year of the agreement.

OPEIU LOCAL 107

 

On September 9, 2008, OPEIU Local 107 reached a tentative labor agreement with Bristow Group for a renewal labor contract for the GOM Pilots at Air Logistics, Inc. Subsequent to our membership meeting, on October 31, 2008; the new 30-month deal was overwhelmingly accepted by an 85% approval rating of the pilots.

The new contract provides for historic improvements to annual salaries, establishing a new gold-standard for pilots flying in the GOM, including a compression of the wage tables in both the IFR and VFR categories. Entry level to top pay in the VFR category went from 20 years to 15 years, and IFR entry level from 30 years to 25 years. By way of example, the current salary of a 5 year VFR pilot immediately went from $62,724 to $66,487 in annual pay; and will increase incrementally to $81, 281 on a VFR pilots’ anniversary date in 2010. A 10 year IFR pilots’ current salary immediately improved from $75,545 to $80,078 in annual pay; and will incrementally increase to $100,118 on an IFR pilots’ anniversary date in 2010. Major improvements to the wage tables for pilots flying in Alaska were also achieved.

In addition to the outstanding wage improvements for Local 107 represented pilots, the Union attained substantial increases in all supplemental pay categories, e.g.

(i) $100.00 per day for pilots removed from their assigned jobs, (ii) pay protection for pilots in the IFR cadre, (iii) pay for flight hours in excess of 35 hours per month, (iv) vacation selection improvements and (v)stronger language limiting the use of contract pilots.

All of this and more was completed in record time, without the intervention of the NationalMediation Board. This is a shining example of what can be accomplished when the parties are committed to engage in good-faith negotiations to reach a fair agreement both sides can live with. It also exhibits a maturing of the union/management relationship which resulted in a level of trust and mutual respect that made this remarkable bargaining achievement possible.

 

OPEIU LOCAL 109

 

On October 1, 2008, OPEIU Local 109 served its Section 6 Notice to Air Methods consistent with the requirements of the RLA. This is Local 109’s first renewal agreement with the Company. The parties first meetings were scheduled for October 27 & 28, 2008, in Denver,Colorado. OPEIU Local 109 represents approximately 1000 EMS pilots throughout the U.S.

 

 

Submitted: November 15, 2008

Local 108 Meeting Minutes of 23 Oct 2008

Prepared by: Paul Bohelski – Trustee, OPEIU Local 108

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