Visa Holders
Allegiant Pilots:
As has unfortunately become routine, I must address another instance of Allegiant’s apparent attempts to misrepresent facts, sow division, and mislead our pilot group. Last week, a Regional Chief Pilot sent a letter to our foreign pilots that falsely accused your union of “harming” them and implied that we are not committed to protecting their employment at this carrier. That letter is attached. The company claims that your union refused to provide a letter supporting “prevailing wages” as required by the Department of Labor (DOL) with a deadline of August 28, 2024. These allegations are baseless and appear to represent a deliberate attempt to divide our pilot group.
The facts are as follows:
August 20, 2024
I received a text from Bill Fishburn that Rod Hardesty and he would like to speak with me. We set up a call for that day. Mr. Fishburn started the call by stating that the DOL periodically wanted Allegiant to update things, that DOL had an audit going on, that Andrew Robles had signed a “prevailing wage” letter, and that he would like me to sign such a letter. At the start of the call, the company emailed me Mr. Robles’ letter and a new draft for me to put on Teamster letterhead and sign. Mr. Fishburn apologized for springing it on me, saying it was sprung on him.
Messrs. Fishburn and Hardesty wanted to know if I had questions. I did, and I still do. I wanted to know the company’s criteria for sponsoring applications for Green Cards and how Allegiant would ensure that as Teamster pilots, foreign pilots were treated fairly, in seniority order, and in compliance with the CBA.
To qualify for Green Card sponsorship by the company, Mr. Hardesty said, a foreign pilot had to be off probation, not have disciplinary problems, and be a “good employee.” The company did not detail what it was or what it is to be a “good employee.” The company was apparently going to arbitrarily pick the foreign pilots it liked and use that to keep other foreign pilots in line who may like to be picked in the future.
August 21, 2024
The next day, I asked for supporting documentation from the DOL, which is attached. It shows that Messrs. Fishburn and Hardesty mischaracterized what was happening with the DOL. Allegiant had failed to provide the required documentation, and the application had been kicked back.
August 27, 2024
In the days after August 21, 2024, I researched the issue. I then spoke with Mr. Fishburn on August 27, 2024, and let him know that my research had shown that the current CBA, at least, did not comply with the DOL prevailing wage for LAS-based pilots. Mr. Fishburn was unfamiliar with what the prevailing wage rate was. Further, I explained that we would need to enter into an MOU that protected pilots on the basis I have explained in this letter. He stated that he would research it and follow up with me.
August 29, 2024
Mr. Fishburn replied in an email that the prevailing wage was a pilot’s CBA pay rate. He did not cite a rule.
August 30, 2024
I responded to Mr. Fishburn with a citation on prevailing wages, and he responded with an explanation of the prevailing wage rate being the CBA rate of pay. He did not respond in any way regarding entering into an MOU. Understand, it’s imperative that the union and company enter into an understanding that protects the rights of foreign pilots, and for that matter, all pilots, under the CBA. The company, in its letter, states that it supports you, your families, and your employment at the company. That only applies to the foreign pilots who the company deems to be “good employees.” That the company is picking and will pick pilots on the basis of whether a pilot is a “good employee” is an infringement of pilots’ rights under the CBA and spoils the very essence of what it is to be in a union.
October 10, 2024
I understood, because the company was no longer corresponding with me about the “prevailing wage” letter, that the company was ceasing its efforts to sponsor Green Cards. Then, I was blindsided, the same as you, the foreign pilots, by the letter from a Regional Chief Pilot.
The company’s accusation that your union has attempted to “harm” our foreign pilots is absolutely false. The company failed its pilots by waiting until the last minute to request this letter, not responding to our requests for information until after the deadline had passed and otherwise failing to treat with the union. Our requests for clarification were timely, reasonable, and necessary. Management’s failure to provide a response does not constitute non-cooperation on the union’s part. Your union remains committed to equitably supporting every pilot’s work at this airline, in accordance with the law and the CBA.
Management’s actions and inactions were a disservice to the very employees and families they claim to support. Attempting to scapegoat the union does not make right that wrong but only serves to undermine, to the further detriment of the foreign pilots, the collaborative relationship that should exist between Allegiant and the pilot group.
It should come as no surprise that reckless accusations of “harm” arise during contract negotiations. Management’s futile attempts to incite disunity—especially against the organization working hardest to protect the interests of this pilot group—are calculated tactics.
Allegiant management continues to alienate its pilots—its most valuable asset—at their peril. We hope that Allegiant will turn its efforts to ensuring its foreign pilots are treated equally with all pilots and making meaningful progress at the bargaining table rather than wasting it on attempting to divide pilots.
View/Download Letter from Regional Chief Pilot
View/Download Request for Information
Fraternally,
Greg Unterseher
Trustee, APA Local 2118