The differences between the Continental and United scope clauses in their pilot contracts has been an issue that has been making me think for awhile. Continental’s is much more restrictive than United’s, and does not allow regional jets larger than 50 seats. As a result, the only large regional aircraft operating for Continental are the Colgan Q400s. United, however, has great flexibility in this area, and many CRJ-700s and E-170s are flying for the airline under the United Express banner.
Not surprisingly, this has been an issue with the merger of the two carriers.
The issue already arose late last year after United began scheduling larger regional jets (operating with Continental’s code) out of Continental hubs such as Houston and Newark. Continental’s pilot group, represented by ALPA, filed a grievance over the plan, and an arbitrator ruled that the flights did indeed violate Continental’s contract. These flights are still operating, but only with the United code.
Photo Credit: Jay Bowie.
Without a doubt, this ruling was a victory for Continental pilots, but we still have to pilot groups that are yet to be under a joint contract. How is scope handled when there are two pilot groups at one merged airline with very different contracts?
The decision to schedule larger regional jets out of Continental hubs in the first place suggests that United management is currently running with the United pilot contract, which provides the most flexibility for the company, but will likely cause the most angst among (Continental) pilots.
While the Continental pilots were able to secure an arbitration victory late last year, who knows what will happen in the future? It appears that the arbitrator only ruled that United can’t put the Continental code on the flights in question. But what’s the difference what’s the Continental code disappears? In such a situation, it would appear that management will have much less incentive to negotiate over scope than the pilots, where scope has serious job security implications.
How this will be negotiated is quite interesting. There’s a full range of possibilities out there, anywhere from a relaxed scope clause in exchange for better pilot compensation to larger CRJs and E-Jets becoming part of the mainline operation.
Either way, this issue is far from resolved, and can either be negotiated in the short term, or become a long-term source of labor strife. In addition, it can also have significant impacts on the orderbooks of United and its regional partners.








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