USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
[SIZE=10pt]Furthermore, here are four facts:[/SIZE]
[SIZE=10pt]In American Airlines' Countersuit against USAPA management provided emails and other correspondence as exhibits between USAPA, APA, & the Company where USAPA attempted to negotiate non PA provisions in the MOU such as:[/SIZE]
[SIZE=10pt]1. Following SCS APA would obligated to pay USAPA post-single carrier old union bills including costs of its current headquarters?[/SIZE]
[SIZE=10pt]2. Following SCS APA would be obligated to maintain USAPA's independent operation authority throughout the JCBA and SLI process?[/SIZE]
[SIZE=10pt]3. Following SCS APA would be obligated to pay for USAPA's ongoing litigation expenses in any subsequent Addington DFR cases for the old union?[/SIZE]
[SIZE=10pt]4. Following SCS APA would recognize USAPA as a party to the protocol agreement even after USAPA ceases to be the certified bargaining representative (contrary to its own position in a case like Addington litigation, the judge's ruling in that case and the specific language of a MOU).[/SIZE]
[SIZE=10pt]USAPA hid this information from the pilots forcing APA to set the record straight when the about to be SCS union said, "Although we have been patient in an attempt to forge an acceptable agreement, it is now time to set the record straight on some of the misrepresentations contained in the USAPA Merger Committee blast."[/SIZE]
[SIZE=10pt]Why did USAPA hide this information from the pilots? In my opinion, USAPA knew once the MOU was ratified AOL would likely sue USAPA. USAPA's strategy was to argue that only the certified agent could represent the pilots in Addington DFR II. And, I believe USAPA is correct in its view, but the issue now is that USAPA knew all along it was going to commit a judical estoppel violation after APA filed its SCS petition with the NMB.[/SIZE]
[SIZE=10pt]This judicial estoppel violation was likely pre-panned based on the evidence submitted to Judge Howell by AAG in response to USAPA's M-B lawsuit. To compound the problem USAPA is asking the NMB to set aside the 3-panel M-B arbitration in lieu of a single arbitrator arbitration and USAPA is refusing to arbitrate MOU/MTA differences. Both of these actions violate the pilot's contract, which I believe is not unusual for USAPA. When is it o.k. for USAPA to violate the pilot's contract?[/SIZE]
[SIZE=10pt]In fact, this was predicted by Judge Silver when she said, "The Court has no doubt that–as is USAPA’s consistent practice–USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority."[/SIZE]
[SIZE=10pt]What I don't get is how many East pilots look the other way and support USAPA knowing full well the union is committing a legal practice violation and two contract violations. Why are the East pilots supporting USAPA's ISL actions? I believe because the majority of pilots cannot make the right and ethical decision when it involves seniority, fear of financial loss, and a possible a loss of quality of life. Instead the majority of East pilots will accommodate their thoughts to justify their actions because of career disappointment, which is an accommodation and philosophy I cannot support.[/SIZE]
[SIZE=10pt]In American Airlines' Countersuit against USAPA management provided emails and other correspondence as exhibits between USAPA, APA, & the Company where USAPA attempted to negotiate non PA provisions in the MOU such as:[/SIZE]
[SIZE=10pt]1. Following SCS APA would obligated to pay USAPA post-single carrier old union bills including costs of its current headquarters?[/SIZE]
[SIZE=10pt]2. Following SCS APA would be obligated to maintain USAPA's independent operation authority throughout the JCBA and SLI process?[/SIZE]
[SIZE=10pt]3. Following SCS APA would be obligated to pay for USAPA's ongoing litigation expenses in any subsequent Addington DFR cases for the old union?[/SIZE]
[SIZE=10pt]4. Following SCS APA would recognize USAPA as a party to the protocol agreement even after USAPA ceases to be the certified bargaining representative (contrary to its own position in a case like Addington litigation, the judge's ruling in that case and the specific language of a MOU).[/SIZE]
[SIZE=10pt]USAPA hid this information from the pilots forcing APA to set the record straight when the about to be SCS union said, "Although we have been patient in an attempt to forge an acceptable agreement, it is now time to set the record straight on some of the misrepresentations contained in the USAPA Merger Committee blast."[/SIZE]
[SIZE=10pt]Why did USAPA hide this information from the pilots? In my opinion, USAPA knew once the MOU was ratified AOL would likely sue USAPA. USAPA's strategy was to argue that only the certified agent could represent the pilots in Addington DFR II. And, I believe USAPA is correct in its view, but the issue now is that USAPA knew all along it was going to commit a judical estoppel violation after APA filed its SCS petition with the NMB.[/SIZE]
[SIZE=10pt]This judicial estoppel violation was likely pre-panned based on the evidence submitted to Judge Howell by AAG in response to USAPA's M-B lawsuit. To compound the problem USAPA is asking the NMB to set aside the 3-panel M-B arbitration in lieu of a single arbitrator arbitration and USAPA is refusing to arbitrate MOU/MTA differences. Both of these actions violate the pilot's contract, which I believe is not unusual for USAPA. When is it o.k. for USAPA to violate the pilot's contract?[/SIZE]
[SIZE=10pt]In fact, this was predicted by Judge Silver when she said, "The Court has no doubt that–as is USAPA’s consistent practice–USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority."[/SIZE]
[SIZE=10pt]What I don't get is how many East pilots look the other way and support USAPA knowing full well the union is committing a legal practice violation and two contract violations. Why are the East pilots supporting USAPA's ISL actions? I believe because the majority of pilots cannot make the right and ethical decision when it involves seniority, fear of financial loss, and a possible a loss of quality of life. Instead the majority of East pilots will accommodate their thoughts to justify their actions because of career disappointment, which is an accommodation and philosophy I cannot support.[/SIZE]