Browsing Posts in Labor Relations

Man, I really should have waited another day before writing that US Airways pilots union (USAPA) piece last week. Why? On Friday, US Airways filed an injunction in the courts to try to get the union to stop illegal slowdown activity. The evidence is quite comprehensive.

But let’s start with what’s important. If you’re flying, should you be concerned about a slowdown? It’s important to note that the slowdown is only being effected by “East” pilots from the pre-merger US Airways. That means that the Phoenix hub is running as usual. In fact, that’s one of the things that makes the evidence so compelling. The West operation is running just as it always has while the East has gotten much worse since May 1.

The epicenter of these problems is Charlotte, where USAPA has its strongest pilot support. If you’re flying through Charlotte, you may have had some problems during the last three months, and that could continue until (if) an injunction is issued. On time performance has suffered and there have been a few more cancellations each day, but it’s not a disastrous slowdown at this point. Still, it’s enough to get the airline to act.

So, should you stop flying US Airways on the east cost until it’s fixed? I say no; not unless you want to support illegal job action as a tactic for negotiations. If you stop flying US Airways, then those slowing things down will have achieved their goal. And remember, the West operation isn’t impacted, nor is the large Express operation. Hopefully this will all end quickly anyway now that the courts are involved.

How Bad is the Slowdown?
How bad is it? It’s not United summer of 2000 bad, but the actions seem pretty awful. Here is the motion. Take a look at this supporting brief for the juicy details. Also, here’s a report from an independent expert Darin Lee who performed statistical analysis to show how the changes are highly unlikely to be simply due to chance. (Take note, UNITE HERE. This is how to do analysis.)

There are really two parts to this. First, has there been a pilot slowdown? The statistics seem to conclusively point to “yes” as the answer. But there also has to be proof that the union is behind it, supporting it, or not doing anything to stop it. Let’s start with point one. Here’s what’s happened:

  • The rate of the number of maintenance issues written up by pilots as a percent of total flights has usually been just below 25 percent. Since May 1, that has increased by half and stayed there. Here’s a chart:
    US Airways Pilots Maintenance Write Up Rates
  • The percentage of East flights delayed due to pilot action has increased from a norm of 1.31 percent up to 2.85 percent since May 1.
  • Previously there was an average of fewer than 7 fatigue calls per month. That’s more than doubled since May.
  • Taxi times for mainline aircraft on the East were statistically about a quarter minute longer than Express. Since May, that has spiked to over 1 minute. Taxi times themselves have lengthened as well.
  • The end result here is that on-time performance in the East has dropped by 11 points and an additional 9 to 10 flights have been canceled each day due to pilot action. Once again, this is ONLY the EAST PILOTS. The West pilots and Express operations have seen no change, and that makes the evidence even more damning.

    So, it seems pretty clear that there is a slowdown here, but the harder part is proving that the union is behind it. See, the union knows that it’s illegal to have any sort of job action unless the National Mediation Board releases the two sides from negotiation and the cooling off period has passed. That hasn’t happened here, so this kind of job action would be illegal.

    Of course, that means the union, if involved, will do what it can to cover its tracks. It is, of course, already denying that it has anything to do with this, but it has left plenty of clues according to the evidence submitted by US Airways. Though there have been issues before this year including a flawed safety culture survey and incorrect information about what is considered safe to fly, the rhetoric ramped up this year.

    Get On Board for Safety
    The whole effort seems to be disguised as a safety campaign, something that has been used before as a tactic for disrupting operations at other airlines. US Airways strings together a picture of a campaign linked by a central campaign for being “On Board” the slowdown effort.

    All of the information below comes from the US Airways supporting information. Though many of the actions came from anonymous email addresses and prepaid cell phones, there were plenty of mentions of this in union communications as well.

    The union even started handing out lanyards with “Safety First” and “I’m on Board” on them. When a West pilot asked about them, the union’s communications chair said:

    The lanyards are not however just a ‘party gift’ handed to everyone; they are handed to those, from any domicile, who have first demonstrated that they are onboard with the idea that safety comes before everything else . . . there are pilots roaming the system giving them out to those who demonstrate they are on board. If you’re flying, demonstrate in some fashion that you’re on board and have one of these pilots in the back, I would imagine you’ll get one.

    Distance Learning Delays Not Safety-Related
    So where else did this campaign show up? For example, calls were made to pilots encouraging them not to complete their FAA-mandated distance learning courses until the day they were due, May 31. These calls again referenced being “On Board” and clearly had nothing to do with safety.

    Three days before the deadline, 897 pilots had failed to finish the learning, and only 1 of those was from the West group. That’s about 900 out of 2,600 active East pilots, or about a third. What’s worse? Sixty percent of those pilots had completed 94 percent of the learning, so they were just waiting for the deadline. Had US Airways not been able to get a waiver from the FAA for a couple of days, it would have had to cancel flights because the pilots weren’t going to be legal to be scheduled for multi-day trips that extended beyond May 31.

    Emails and Text Messages Leave Ample Evidence
    The informal communications got even bolder. One email told pilots “to engage in slow taxi, stay home if they are fatigued, and refuse aircraft with legal [Minimum Equipment Lists] with the express purpose of “prov[ing] that [the pilots] are willing to endure a summer of inconvenience in exchange for decent wages.”

    Decals were placed around the system with words like “+16” and “Time to get serious about a contract BLOCK +16.” The +16 reference refers to pilots arriving at the gate 16 minutes late so it counts as late in the Department of Transportation statistics.

    Another email said “[b]eing ‘ON BOARD’ means . . . do[ing] what you can to help our cause,” including being “15 MINUTES LATE EVERYWHERE.”

    A note was found on an aircraft stating “Management is very upset about the deteriorating performance of our airline. It’s time to turn up the heat. Until that time, the e-mail WE WILL Prevail[.] Pass this along to another pilot that you know is “ON BOARD[.]”

    As if that wasn’t enough, the pilots turned on themselves and started calling out people who weren’t willing to obey. A broadcast text message went out on July 24 of this year saying:

    Seems like we have our first winner for the COMPANY SUCK UP AWARD… PINK PANTY AWARD or whatever you want to call it. This A330 CAP on Reserve, on July 15th had 1 Day Available, suddenly on July 16th he is on a FRA 3 day trip. Congratulations go to [rank and file US Airways pilot] XXXX [name deleted by Cranky] as our first winner. Keep up the good work by screwing all your fellow pilots that are trying to get a contract we deserve. If you have a good reason please let everyone know.

    They then actually placed a card in his mailbox saying “CONGRATULATIONS! You’re a WINNER! Your heroic effort to help management achieve their bonus checks has earned you the Pretty Pink Panties award[.] Do you want a new contract? EARN IT[.]”

    Pretty awful stuff, right? As mentioned above, the union unsurprisingly argues that it was not behind these efforts. That means that this would have been just individual pilot actions that it can’t be responsible for, but that seems less likely after reviewing the filing. But even if that’s the case, how can the union explain why it hasn’t done anything to try to put a stop to these actions? It has a responsibility to do so and appears to have not acted, or used lukewarm responses at most.

    With this mountain of evidence, I imagine it’s going to be a tough ride for the union with mounting legal bills. Once again, I feel terrible for the West pilots and really even worse for the East pilots who are just doing their jobs and not participating is this. What happens next? The union has 14 days to respond and then it goes from there. It could take weeks or even months depending upon the different tactics used by each side.

    In the end, we’ll see if the court agrees, but there is clearly some solid statistical analysis showing evidence of a slowdown. The question is – will the union be held accountable for these actions?

I’ve written many times about the US Airline Pilots Association (USAPA), and it’s never been in a good light. This week, the group which represents the pilots at US Airways has once again topped itself by taking out a full page ad in USA Today talking about how US Airways is unsafe. Though there are other groups in the running, I think USAPA has demonstrated that it is the most ineffective, poorly run union group out there. For Cranky Jackass Awardthe misguided representation it provides its pilots, USAPA gets the Cranky Jackass award. This has been a long time coming.

You may already know the story. USAPA was created when the US Airways “East” (pre-merger US Airways) pilots didn’t like the seniority agreement that was decided upon in binding arbitration (yes, “binding” is apparently a loose term) with the US Airways “West” (pre-merger America West) pilots. So they marched off and voted in a new union, casting off the arbitration result. The West pilots didn’t like that (it’s been working its way through the courts), but they didn’t have the numbers to prevent the move. You can read more of the history here. In short, USAPA has done absolutely nothing good for its members, but it wrongly likes to blame US Airways management for its failings.

And that brings us to USAPA’s current strategy . . . try to burn down the company and apparently put all of its members out of a job.

The latest shameful tactic is the taking out of a full page ad in USA Today claiming that US Airways is unsafe. Let’s see. You work for an airline that pays your salary with revenue that comes in the door, and now you’re going to turn around and try to shut off that revenue by falsely claiming your airline is unsafe? Simply pathetic. It’s such a blatant negotiating tactic, but how will the general public react? That’s unclear, though this hasn’t received much press at all considering all the more important “real” news in the aviation world in the last week.

The ad itself used a single pilot incident that happened on June 16 to show the supposed danger of flying the airline. Apparently there was a flight scheduled to cross the Atlantic from Philly that evening and there were a couple of mechanical issues. There are some mechanical issues that aren’t considered crucial to be fixed, and that appears to be the case here, but the captain refused to fly the airplane and then, according to the union, she was escorted out of the airport by corporate security. The next crew refused to fly the airplane as well. Over the next couple hours, some maintenance work was done and the airplane went on its way with a third crew.

This is why the union says US Airways is an unsafe airline. It says the airline is intimidating its pilots and pushing them to fly even if it’s not safe. Then if they refuse, it has security remove them. Sounds bad, right? Too bad it’s a crock.

Now, regarding the mechanical incident itself, I don’t know whether the captain did the right thing by refusing to fly the airplane. I do know that the FAA found US Airways did nothing wrong. Here’s the statement:

The FAA manager assigned to the US Airways certificate reviewed the June 16, 2011 incident. The APU shutdown the aircraft experienced is a failure that pilots are well aware can happen and that they are trained to recognize. The battery apparently was depleted by attempts to restart the APU. Flying an aircraft with an inoperative APU is not an unusual event and normally poses no safety issues when proper limitations are applied. The Captain simply chose to exercise her pilot-in-command authority of not accepting an aircraft. Our information indicates that US Airways followed their approved MEL procedures, and all maintenance procedures were followed in accordance with the operator’s approved maintenance program. We found no violations of Federal Aviation Regulations.

That being said, if a captain doesn’t feel comfortable flying an airplane, then it’s his or her right to deny it. The problem arises when that privilege is abused just to delay or cancel flights without good reason. I’m not saying that happened here. I don’t know, and frankly, it’s not central to my point. I have no problem in theory with her walking away from the flight.

But why would security come escort the captain from the airport? USAPA wants you to believe it’s because she refused to fly the airplane. Not quite. According to US Airways, “the Captain was escorted out of the airport by corporate security (after being released from duty) not for her refusal to fly but for her comments made to customers regarding the safety of the aircraft.” Unfortunately, I don’t know details about what she said to the passengers, but it was apparently highly inappropriate. See more in this a.net discussion. I would have had her carted off the airplane as well.

In reality, there is nothing pointing to US Airways being unsafe but rather more evidence of the airline having good safety practices. It recently passed the IATA Operational Safety Audit, for example. But that won’t stop the union from trying to sully the airline’s reputation. (Get it? Sully? I crack myself up.)

In the end, USAPA simply wants to damage US Airways as if this will somehow convince the airline to throw a ton of money at the union and solve all its problems. Unfortunately, the union needs to solve its own problems regarding seniority before it can even be ready to talk to management, and it doesn’t seem any closer to doing so. I feel really bad for those pilots who never even wanted this union to represent them in the first place. This whole thing is simply pathetic and more than worthy of the Cranky Jackass Award.

[Thanks to Johosofat for the excellent Cranky Jackass Award]

If you decide to put out bad analysis, as UNITE HERE did last week regarding Lufthansa complaints, and someone calls you on it, what would Cranky Jackass Awardyou do? The smart answer would probably be to just let it go and stop calling attention to the work, especially since it has more holes than Swiss cheese. But fortunately for us, UNITE HERE has decided to go the opposite route.

The union is using one of oldest tricks in the book: going after my credibility to muddy the water. This is just dumb. They really shouldn’t want to bring more attention to a flawed report like this. Now I’ve just dug in deeper and found even more problems with it. While I was waffling before, now I’m not. UNITE HERE has truly earned the Cranky Jackass Award.

You can read the union’s entire response here (pdf) if you’d like, but I’ll pull out the most fun parts. Let’s start with the opening.

One of the things I appreciate about your site is you are very open about your relationship to companies in the airline industry. And just one month after Lufthansa gave you a free round-trip, business class ride on its A380 from San Francisco to Frankfurt, perhaps I should not be surprised at your dismissive response to my report.

Ah yes, the back-handed compliment. A time-honored tradition that’s used to cover bad work. If someone calls out real issues, just call his or her credibility into question but look completely pleasant while doing so. This takes the focus off your bad analysis and tries to shift the issue. (Sounds like the author may have a future in politics.) It’s true, I’m very open about these things, and I did just fly Lufthansa at the airline’s expense. That doesn’t mean I won’t gladly rip Lufthansa a new one if it’s deserved. The problem here for the union is that it’s not.

You can read the rest of the response yourself if you’re interested in more sugar-coated insults, but let’s focus on the weak defense of the report itself and break that down.

The Department of Transportation data in the report is real, and to my knowledge is the only reliable U.S. source of compiled complaint information on international
airlines. If the DOT is willing to use these numbers to “to determine the extent to which carriers are in compliance with federal aviation consumer protection regulations,” then they’re good enough for me. Even if I am just a research analyst at a union.

*sigh* The issue is not whether this is the only place to get complaint data or not but whether or not it’s statistically valid and can be used to explain a trend or not. In this case, the year-over-year change in complaints from 2009 to 2010 moved by roughly less than one-thousandth of one percent over total passengers carried by Lufthansa to and from the US (using my rough passenger estimate). Even the initial number itself is so tiny that it’s not significantly different from zero. So regardless of what the purpose of the complaint reports are in the eyes of the DOT, that doesn’t magically mean that we can consider each number valid for any kind of analysis.

You’re right, I could have used the raw numbers, but I sort of agree with you that the raw numbers themselves aren’t incredibly exciting on their own. They’re small
because, well, how many people actually go through the effort to submit their airline complaints to the U.S. government? (If you care about an answer, you can look at the DOT analysis for the new passenger rights rule, where the DOT uses the ratio that every 1 complaint submitted to the DOT represents about 61 complaints submitted to the foreign airlines.

Excellent. Let’s just forget about using raw numbers because they aren’t “exciting.” I see. So we’re not looking for statistical validity here. We’re looking for excitement. You can apply any ratio you want to these numbers, but that still doesn’t make the small change valid. And this ratio is just an estimate by the DOT anyway, so using it would make a statistically insignificant change even less valid, if that’s possible.

The result of that comparison was clear. Lufthansa complaints went up, Air France and British Airways complaints went down. Is the sample number of complaints
small? Yes. But if the increases were random, would Lufthansa have seen them in 7 out of 8 top categories from 2009 to 2010? If they were random, wouldn’t Air France and British Airways have seen more fluctuation too?

This is my favorite part. I hadn’t even touched the Air France and British Airways numbers in my initial post, so I should thank the union for giving me even more firepower to show how awful the analysis is. The result is far from “clear” as proposed.

When I spoke with the research analyst, he told me that he didn’t bother looking at the monthly complaint reports. He just looked at the year-end summary and called it a day. That makes the analysis even worse because it doesn’t look for outliers. And that’s exactly why BA’s numbers are so different. In 2009, BA saw 347 complaints while dropping to a mere 120 in 2010. That’s great improvement, right? Wrong.

A look at the monthly data shows that in October 2009, BA received an incredible 244 complaints for reservations/ticketing/boarding. Why? According to the Bureau of Transportation Statistics, “The increase in the number of October complaints is attributed primarily to British Airways’ erroneous offer of $40 fares between the United States and India.” That’s an outlier and can’t be used to judge overall performance for an entire year. Guess what happens if we just substitute a more typical monthly result that month? We see an increase in complaints year-over-year approaching 20 percent. Fun with numbers, right? (Not that this is a significant change either.)

I highly recommend reading the entire response. In particular, I like the union’s effort to call into question the safety of the engines on the A380. Enjoy.

One thing that’s certain is that you can make statistics say pretty much whatever you want to get your point across. That’s exactly what the UNITE HERE union is doing with what appears to be a Unite Heresmear campaign against Lufthansa. After talking with the research analyst behind the report, I still can’t figure out why the union is bothering with this.

Earlier this week, I received an email from news@lufthansaalert.org with a report produced by the Lufthansa Traveler Alert site. That site is apparently the new campaign by the UNITE HERE union to make Lufthansa look bad. The report, titled “Customer Complaints Spike at Lufthansa, Decrease at British Airways and Air France,” was six pages of hilarity. See, the union has opted to use percentages despite the incredibly small numbers involved.

As highlighted in the email, there were four key points of the report. As I mentioned, you’ll notice that only percentages are used in all of these. That’s because the numbers are so incredibly small that it’s impossible to actually take them seriously. But when you use percentages, it looks a lot worse. Here are the four points.

Point #1 – Last year, Lufthansa’s total passenger complaints went up 70%. Meanwhile British Airways and Air France both saw decreases in total complaints.
Sounds awful, right? Well let’s use real numbers. In 2010, Lufthansa received a whopping 118 complaints via the DOT versus 68 in 2010. I did a little back of the envelope math and with around 30 flights each way per day between the US and Germany and a 75 percent load factor, Lufthansa serves around 5 million customers in the US in a year.

You think that change in the number of complaints is in any way an indication of a serious issue? I highly doubt it.

Point #2 – Lufthansa customer complaints increased in 2010 in seven of the top eight complaint categories: flight problems, baggage, rescheduling/ticketing, refunds, fares, oversales and disability access.
As you can imagine, since we’re already looking at a tiny sample size, breaking it down into categories makes it even worse. Baggage complaints were highest with 32 for the entire year. That’s up from 22. Next is a tie between Flight Problems and Reservations (not rescheduling as they suggest)/Ticketing/Boarding at 23. Everything else is single digits. Were they up? Sure. But it’s hard to consider this a trend with such a tiny sample size.

Point #3 – When 2006 data is compared with 2010 data, Lufthansa saw a 23% increase in total complaints while British Airways and Air France saw complaints drop by over 30%.
Point #4 – In each of the top four customer complaint categories – flights problems, baggage, ticketing/rescheduling/boarding, and refunds – Lufthansa trended worse than did British Airways and Air France when 2006 and 2010 data are compared.
This is rehashing the exact same thing. In 2006, Lufthansa received 87 complaints. It went down to 84 in 2007, then up to 61 and up to 68 before finally getting to 118 in 2010. What’s to say it’s not just an anomaly? The parting shot in the report tries to address that.

So far in 2011, with just January and February numbers tallied, Lufthansa has had over twice the number of total complaints filed compared to its total in Jan-Feb 2010.

Very convenient that the data was cut off in February. The March numbers have been out for well over a month and this report just came out, so March could have been included. Why wasn’t it? Well, because Lufthansa had only 8 complaints versus 21 the year before. Oops, might as well just leave out any periods that don’t help the cause, right? This is just nuts, but that brings up the biggest question.

Why the heck is the union doing this?

Normally, you would think that the union was looking to sign a better contract or get more people hired to help fix the problem, but that’s really not applicable here. UNITE HERE only represents the North American-based employees at LSG Skychefs, the catering business. So, the union has nothing to gain if Lufthansa made the strange decision to try to rectify these “problems.” None of them seem to have been about catering, so it’s not like the union can claim the airline needs to hire more of its workers to fix the problem. And even though it continues to be in ongoing negotiations with Lufthansa about a new contract, this certainly won’t impact those negotiations at all, at least not positively.

I spoke with the research analyst about the report and he really kept repeating the same two points.

  1. “No comment about negotiations except that they’re ongoing.”
  2. “We believe the data in the report speaks for itself.”

Unfortunately for the union, it’s the lack of data that really speaks volumes. This is just a misleading piece of propaganda that falls flat on its face.

The US Airways pilots union is at it again. This week the group claimed a number of safety issues have occurred and it demanded the airline fire its VP of Safety and Compliance. Is this legitimate or is it yet another stupid negotiating tactic? It seems like the latter to me, but what do you think?


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