
Railway Labor Act | How Pilot-Coordinated Self-Help Actions Can Harm Negotiations
04/28/23 • 30 min
On this episode of Five by Five host Jason DuVernay and Gary Michalk from the Negotiating Committee introduce a conversation between Delta Air Lines First Officer Ryan Argenta and Attorney Marcus Migliore. Marcus has nearly 30 years of experience with ALPA and currently serves as General Counsel & Director, Legal Department.
Ryan and Marcus discuss the implications of the Railway Labor Act (RLA) on Section 6 negotiations and how pilot-coordinated self-help actions can adversely derail progress at the table. Digging into a number of cases where pilot actions, such as refusing to pick up open time trips, premium trips, and coordinating sick outs we learn about court actions and stiff sanctions for individual pilots and the union. We learn what self-help actions pilots can take under the RLA and how pilot unity, wearing lanyards, and informational picketing make a huge impact at the negotiating table. As things heat up in negotiations and this summer, Mr. Migliore explains how important it is for ALPA pilots to keep cool, follow the rules and laws imposed by the RLA, and let ALPA and elected representatives follow the defined flow process. (Recorded June 9, 2022)
Time Stamps
01:57 - Understanding Marcus and his ALPA involvement
04:23 - Why you should not engage in illegal work actions
06:42 - Importance of Unity
08:33 - Protections provided by the RLA
10:41 - Begining of Delta Podcast: 'Status Quo'
14:37 - What if management violates 'Status Quo'
16:30 - Previous 'Status Quo' violations and their resulting penalties
18:20 - Dangers of 'grass-roots' work actions
20:26 - Digital Trails
22:50 - Individual pilot penalization in previous cases
23:47 - Does the RLA need to be changed or updated?
26:05 - Meaningful and proper actions
27:45 - Using the current environment to our advantage
On this episode of Five by Five host Jason DuVernay and Gary Michalk from the Negotiating Committee introduce a conversation between Delta Air Lines First Officer Ryan Argenta and Attorney Marcus Migliore. Marcus has nearly 30 years of experience with ALPA and currently serves as General Counsel & Director, Legal Department.
Ryan and Marcus discuss the implications of the Railway Labor Act (RLA) on Section 6 negotiations and how pilot-coordinated self-help actions can adversely derail progress at the table. Digging into a number of cases where pilot actions, such as refusing to pick up open time trips, premium trips, and coordinating sick outs we learn about court actions and stiff sanctions for individual pilots and the union. We learn what self-help actions pilots can take under the RLA and how pilot unity, wearing lanyards, and informational picketing make a huge impact at the negotiating table. As things heat up in negotiations and this summer, Mr. Migliore explains how important it is for ALPA pilots to keep cool, follow the rules and laws imposed by the RLA, and let ALPA and elected representatives follow the defined flow process. (Recorded June 9, 2022)
Time Stamps
01:57 - Understanding Marcus and his ALPA involvement
04:23 - Why you should not engage in illegal work actions
06:42 - Importance of Unity
08:33 - Protections provided by the RLA
10:41 - Begining of Delta Podcast: 'Status Quo'
14:37 - What if management violates 'Status Quo'
16:30 - Previous 'Status Quo' violations and their resulting penalties
18:20 - Dangers of 'grass-roots' work actions
20:26 - Digital Trails
22:50 - Individual pilot penalization in previous cases
23:47 - Does the RLA need to be changed or updated?
26:05 - Meaningful and proper actions
27:45 - Using the current environment to our advantage
Previous Episode

Informed Bargaining | Meet Your Negotiating Committee
Host Jason DuVernay sits down with your Negotiating Committee (NC) chairman and members to discuss our upcoming Section 6 negotiation process.
Chair Captain Jim Lally, Captain Mark Manausa, and Captain Gary Michalk chat with Jason about early openers, surveys, communications, pay disparity, your participation and more.
Time Stamps
03:05 - Introductions and background of the committee members
07:41 - How to engage with the NC through your representatives
09:59 - How the negotiation process has changed now that ALPA has been fully implemented
15:10 - What is an Early opener?
15:55 - Professional help; negotiating with an experienced team
17:44 - How committees contribute to the negotiation process
19:32 - Where does the negotiating team draw their direction from?
28:32 - How to bake a "negotiation pie"
29:52 - Addressing pay disparity
35:52 - Contract Compliance
37:02 - Does flying for an Ultra-Low-Cost-Carrier mean we should expect less?
38:06 - Scope
40:28 - Communications from the committee
44:12 - Being Professional
Next Episode

Set Condition | Unstacking Your PBS Bid
Captain Jason DuVernay sits down with PBS Chairman, Captain Matt Pease and PBS Committee Member, Captain Dave Coons to discuss our NavBlue PBS System. This wide-ranging conversation covers questions for novice and expert bidders. Common mistakes, vacation intricacies, and training bids are a small part of what we cover. Learn how to better avoid redeyes, maximize your vacation months and make PBS work for you.
Time Stamps
00:47 - What does the PBS Committee do?
01:38 - How the PBS Committee is involved in bid runs
02:24 - Committee input on pairing construction
03:09 - Using the Dart system properly
04:43 - How PBS is different from our old process
05:47 - Transparency in the bidding process
07:19 - Unstacking/Coverage - How it works and who it effects
09:18 - Biggest mistakes, setting a backstop
12:01 - Avoiding redeye flights
13:26 - Waiving
15:05 - Denial mode
15:53 - The importance of proper negative bid preferences
16:38 - Understanding credit windows
18:43 - Transitioning from one bid group to another
20:18 - Training videos on ALPA website
21:00 - "RLL" Reduced Lower Limit Lines
22:38 - Importance of default bid
23:30 - Syncing more than two bid periods and why you might want to do it
25:38 - How reserve bidding works
31:44 - Pattern bidding, common mistakes leading to frustration
34:05 - Vacation Adjustment Period
39:25 - Vacation Any and further sliding in NavBlue
44:14 - Bidding for training
49:27 - What Golden Days are and how they work
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