2014 Pilot Discussion
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luvthe9
Veteran
- Aug 30, 2002
- 9,464
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NOW THEREFORE, the NATIONAL OFFICERS state as follows:
FIRST: In accordance with the powers granted to them in the USAPA Constitution and Bylaws, the National Officers have unanimously determined to defer the commencement date of dissolution of the Association in that existing circumstances present, or may present in the future, the need for collective legal action.
Oh no!!
Seniority list integration proceedings as between USAPA and APA.
Under the MOU entered into by American, US Airways, USAPA and APA in January 2013, seniority integration cannot commence until the JCBA is completed, thereby anticipating that USAPA would continue to exist for certain purposes post-decertification. The MOU was ratified overwhelmingly by USAPA membership entitled to vote. The National Officers decision to defer dissolution is consistent with and effectuates provisions of the MOU.
FIRST: In accordance with the powers granted to them in the USAPA Constitution and Bylaws, the National Officers have unanimously determined to defer the commencement date of dissolution of the Association in that existing circumstances present, or may present in the future, the need for collective legal action.
Oh no!!
Seniority list integration proceedings as between USAPA and APA.
Under the MOU entered into by American, US Airways, USAPA and APA in January 2013, seniority integration cannot commence until the JCBA is completed, thereby anticipating that USAPA would continue to exist for certain purposes post-decertification. The MOU was ratified overwhelmingly by USAPA membership entitled to vote. The National Officers decision to defer dissolution is consistent with and effectuates provisions of the MOU.
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
Fellow Pilots,
Early this morning, Tuesday, September 16, 2014, the National Mediation Board issued its Findings Upon Investigation and Determination of Certification which certified the Allied Pilots Association as the representative of the combined group of American and US Airways pilots. The decision also extinguishes the certification of USAPA as the representative of US Airways pilots. You may review the filing here. Please see the statement below from the Officers regarding dissolution of USAPA:
USAPA NATIONAL OFFICERS STATEMENT
Concerning
THEIR DETERMINATION TO DEFER
DISSOLUTION OF THE ASSOCIATION
In accordance with the USAPA Constitution and Bylaws, should a dissolution event occur, the National Officers shall have the sole and exclusive authority to determine whether the commencement date of dissolution of the Association should be deferred.
On September 16, 2014, the National Mediation Board (NMB) certified the Allied Pilots Association (APA) as the exclusive bargaining representative for the craft or class of pilots of the New American Airlines thereby decertifying USAPA as the bargaining representative for the pilots of US Airways.
In accordance with the applicable provisions of the USAPA Constitution and Bylaws, including, but not limited to provisions of Section 3 of Article I thereof, a majority of the National Officers have determined that existing circumstances present, and others may present in the future, the need for collective legal action on behalf of the pilot group, including but not limited to representation in seniority integration proceedings.
WHEREAS, while not required under the USAPA Constitution and Bylaws, acting in the best interests of the Association and the US Airways pilots, the National Officers believe it beneficial to set forth some of the considerations that have led them to determine to defer dissolution of the Association.
NOW THEREFORE, the NATIONAL OFFICERS state as follows:
FIRST: In accordance with the powers granted to them in the USAPA Constitution and Bylaws, the National Officers have unanimously determined to defer the commencement date of dissolution of the Association in that existing circumstances present, or may present in the future, the need for collective legal action.
SECOND: The following matters constitute some of the circumstances that necessitate the National Officers to conclude that existing circumstances present, or may present in the future, the need for collective legal action:
Seniority list integration proceedings as between USAPA and APA.
Under the MOU entered into by American, US Airways, USAPA and APA in January 2013, seniority integration cannot commence until the JCBA is completed, thereby anticipating that USAPA would continue to exist for certain purposes post-decertification. The MOU was ratified overwhelmingly by USAPA membership entitled to vote. The National Officers decision to defer dissolution is consistent with and effectuates provisions of the MOU.
The Protocol Agreement entered into by and between USAPA, APA, US Airways, and American on September 4, 2014, which, among other things, recognizes the USAPA Merger Committee as the representative of the pilots of US Airways for purposes of seniority integration proceedings as stipulated in paragraphs 8 thereof. The continued existence of the Merger Committee necessitates the continued existence of USAPA in that the Merger Committee exists only as a duly constituted committee under the auspices of USAPA and derives it authority from the BPR (and ultimately the USAPA Constitution and Bylaws), which directs its activities.
Litigation involving USAPA, including Don Addington v. USAPA (on appeal to the Ninth Circuit Court of Appeals), and which, if reinstated, would require USAPA to defend a duty of fair representation claim for entering into the MOU and also includes a claim for payment of attorneys fees to the Addington attorneys resulting from the various Addington cases, in excess of 3 million dollars.
Cleary v. USAPA, 14 CVS-9783 (pending in North Carolina State Court, Mecklenburg County), wherein former USAPA President Mike Cleary demands an unspecified amount of consequential, liquidated, and punitive damages, exclusive of attorneys fees, as and for past due compensation.
US Airways v. USAPA and Cleary, 11 Cv. 371 RJC-DCK (pending in the United States District Court for the Western District of North Carolina, Charlotte Division, wherein US Airways obtained a permanent injunction against USAPA).
USAPA appeal of the United States District Court for the Western District of Pennsylvania dismissal of the USAPA Complaint which sought to vacate the Arbitration Award denying annual 3% raises to the pilots commencing on May 1, 2010.
THIRD: In accordance with the powers granted to the National Officers in the USAPA Constitution and Bylaws, the National Officers have determined that it is not prudent to make any distribution of assets at this time. It is currently not possible to determine with certainty whether available funds exceed the expected costs of collective legal action, including seniority list integration proceedings.
On behalf of the USAPA National Officers this 16th day of September 2014,
Gary Hummel, President Stephen Bradford, Vice-President
Rob Streble, S/T Steve Smyser, EVP
Early this morning, Tuesday, September 16, 2014, the National Mediation Board issued its Findings Upon Investigation and Determination of Certification which certified the Allied Pilots Association as the representative of the combined group of American and US Airways pilots. The decision also extinguishes the certification of USAPA as the representative of US Airways pilots. You may review the filing here. Please see the statement below from the Officers regarding dissolution of USAPA:
USAPA NATIONAL OFFICERS STATEMENT
Concerning
THEIR DETERMINATION TO DEFER
DISSOLUTION OF THE ASSOCIATION
In accordance with the USAPA Constitution and Bylaws, should a dissolution event occur, the National Officers shall have the sole and exclusive authority to determine whether the commencement date of dissolution of the Association should be deferred.
On September 16, 2014, the National Mediation Board (NMB) certified the Allied Pilots Association (APA) as the exclusive bargaining representative for the craft or class of pilots of the New American Airlines thereby decertifying USAPA as the bargaining representative for the pilots of US Airways.
In accordance with the applicable provisions of the USAPA Constitution and Bylaws, including, but not limited to provisions of Section 3 of Article I thereof, a majority of the National Officers have determined that existing circumstances present, and others may present in the future, the need for collective legal action on behalf of the pilot group, including but not limited to representation in seniority integration proceedings.
WHEREAS, while not required under the USAPA Constitution and Bylaws, acting in the best interests of the Association and the US Airways pilots, the National Officers believe it beneficial to set forth some of the considerations that have led them to determine to defer dissolution of the Association.
NOW THEREFORE, the NATIONAL OFFICERS state as follows:
FIRST: In accordance with the powers granted to them in the USAPA Constitution and Bylaws, the National Officers have unanimously determined to defer the commencement date of dissolution of the Association in that existing circumstances present, or may present in the future, the need for collective legal action.
SECOND: The following matters constitute some of the circumstances that necessitate the National Officers to conclude that existing circumstances present, or may present in the future, the need for collective legal action:
Seniority list integration proceedings as between USAPA and APA.
Under the MOU entered into by American, US Airways, USAPA and APA in January 2013, seniority integration cannot commence until the JCBA is completed, thereby anticipating that USAPA would continue to exist for certain purposes post-decertification. The MOU was ratified overwhelmingly by USAPA membership entitled to vote. The National Officers decision to defer dissolution is consistent with and effectuates provisions of the MOU.
The Protocol Agreement entered into by and between USAPA, APA, US Airways, and American on September 4, 2014, which, among other things, recognizes the USAPA Merger Committee as the representative of the pilots of US Airways for purposes of seniority integration proceedings as stipulated in paragraphs 8 thereof. The continued existence of the Merger Committee necessitates the continued existence of USAPA in that the Merger Committee exists only as a duly constituted committee under the auspices of USAPA and derives it authority from the BPR (and ultimately the USAPA Constitution and Bylaws), which directs its activities.
Litigation involving USAPA, including Don Addington v. USAPA (on appeal to the Ninth Circuit Court of Appeals), and which, if reinstated, would require USAPA to defend a duty of fair representation claim for entering into the MOU and also includes a claim for payment of attorneys fees to the Addington attorneys resulting from the various Addington cases, in excess of 3 million dollars.
Cleary v. USAPA, 14 CVS-9783 (pending in North Carolina State Court, Mecklenburg County), wherein former USAPA President Mike Cleary demands an unspecified amount of consequential, liquidated, and punitive damages, exclusive of attorneys fees, as and for past due compensation.
US Airways v. USAPA and Cleary, 11 Cv. 371 RJC-DCK (pending in the United States District Court for the Western District of North Carolina, Charlotte Division, wherein US Airways obtained a permanent injunction against USAPA).
USAPA appeal of the United States District Court for the Western District of Pennsylvania dismissal of the USAPA Complaint which sought to vacate the Arbitration Award denying annual 3% raises to the pilots commencing on May 1, 2010.
THIRD: In accordance with the powers granted to the National Officers in the USAPA Constitution and Bylaws, the National Officers have determined that it is not prudent to make any distribution of assets at this time. It is currently not possible to determine with certainty whether available funds exceed the expected costs of collective legal action, including seniority list integration proceedings.
On behalf of the USAPA National Officers this 16th day of September 2014,
Gary Hummel, President Stephen Bradford, Vice-President
Rob Streble, S/T Steve Smyser, EVP
Ask Captain S....Pi brat said:
I will admit I was way off on uscaba's decertification date, thanks for archiving it and my story of St. Patrick and the ridding of the snakes. now that the snake is dead, we are going to skin it it and make a pair of boots to stomp the scabs who fed it.
Metroyet
Veteran
- Nov 1, 2008
- 2,571
- 5,664
This is what Contemp of Court looks like. It surprises no one, but you can bet it's already on the Desk of Judge Silver. The USAPA "Constitution and Bylaws" is nothing more than an operating agreement of an LLC that was the former bargaining agent of a pilot group. It's absolutely, positively meaningless.snapthis said:
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
True:westcoastflyer said:
Remember this day! The burning turd known as USAPA has finally been extinguished
Thank fricken god! The scum suckers are gone!
I would like to personally thank each and every AWA pilot that has stepped up to the plate as a union rep to do the best they could to represent their fellow AWA pilots over these past very difficult years.
Also all of the people at AOL that have also fought so hard to see that our interests are protected, and continue to do so. The $600 I still owe USAPA will be coming your way.
And also thanks to each and every fellow West pilot that stood strong, stayed professional, and made me proud that I will always be a former AWA pilot!
Our efforts can now be fully directed at recovering some of what we have lost, and ensuring that the wrongs that have been committed against us are never repeated in this new merger with AA and APA.
Today is a day that will live in history. It is the day that the biggest group of scumbags in airline history were sent packing. Their legacy has been sealed. And our peers will all know what a dirt bag union USAPA was!
Now that the serpents no longer have their immunity idol its time to skin'm!
No doubt the principles of USAPA left ALPA with sizable debts. Let's now see how deep their hipocrasy runs, as the door will surely be hitting them in the a$$ on the way out.
Can somebody re-post the list of Union Volunteers that we all would like to thank for their service to USAPA over the years.
Fellow West pilots, we have survived - and we will continue to survive. All we have to do is fund the legal team to guide us through the SLI process AND the legal effort to recover our share of the $10+million.
Please tell us that we will be suing for a restraining order against them.....TODAY!!!
Sure they can hold meetings.
They just can't use dues moment to do it. The officers will still receive FPL because they have to shut down the organization. the BPR has not authority and no more representational duties. BOard of Pilot REPRESENTATIVES. They don't represent anyone anymore.
No FPL for the BPR, no hotels, no trip drops, for per diem, no authority, no resolutions, no union protection, no wide range of reasonableness. No nothing.
Lets all as proud AWA Pilots rejoice this day September 16, 2014.....a day usapa is buried and RIH usapa...
FINALLY! ADIOS A-HOLES
That FORMER bargaining agent.Now that sounds good.
Finally !!!!!!! BYE BYE uscaba
I can't stop smiling
Thank God!!!!!!
Now let's get their assists frozen/refunded.
It awesome that they lost their union status and all of the protection that comes with it. Let's see if Mr streble is still going to act like a asshat without his union protection
The brown skid mark stain of humanity known as USAPA is gone!
Ding dong the witch is dead!!!!
Best Fvcking news in 8 years....Bye bye scabby scumbags!!
I'm in CLT as I write this and there seems to be a bunch long faces walking through the concourse. FUC those thieving bastards.....all of em!!
I hope EVERY
West pilot walks through the Charlotte and Philly concourses singing loud and clear....." Ding Dong the witch is dead"!!!! This is my happiest day since this nightmare began.
Remember....every one of those East guys stole from us. They placed innocent AWA Pilots in their shoes. They took away upgrades and opportunities for us, They are and will be SCABS forever! Never forget that!
We have not only survived the onslaught of these scumbags but we have outlived them. We all should be proud of who we are and what we stand for. We defied the odds. From this perspective we are victorious. Enjoy the moment
I'm a light weight, but it felt great shredding my USAPA bill this morning nonetheless .
They never billed me for my retro check, bonus check and I owe them for 3 months of dues. How much is that worth
Congratulations to all West pilots! Defied the odds and held strong. Let's finish
$1000 sent to Leonidas this morning in celebration
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
NMB Certifies APA
posted on September 16, 2014 09:57
APA INFORMATION HOTLINE
This is APA President CA Keith Wilson with the APA Information Hotline for Tuesday, Sept. 16.NATIONAL MEDIATION BOARD CERTIFIES APA: Today, the National Mediation Board announced that it has certified APA as the bargaining agent for all American Airlines pilots.
In its determination, the NMB stated that "the Board has consistently extended an organization's certification to cover employees in the craft or class on the entire system when the numbers of employees on each part of the system are not comparable." The NMB further stated that "the number of APA-represented employees in the Flight Deck Crewmember craft or class at pre-merger American and the number of USAPA-represented Pilots at pre-merger US Airways are not comparable. Therefore, APA's certification ... is extended to cover the entire Flight Crewmembers craft or class on the single transportation system and USAPA's certification ... is terminated."
We are pleased with the NMB's determination and look forward to representing the career interests of all American Airlines pilots. We will shortly provide details regarding how US Airways pilots will become APA members and the steps involved in the creation of new domiciles. In the meantime, please join me in extending a warm welcome to the 5,100-plus pilots of US Airways.
APA BOARD OF DIRECTORS CAUCUS: The APA board of directors will spend today caucusing in preparation for the special board of directors meeting tomorrow. The focus of this week's meeting is the ongoing joint collective bargaining agreement talks.
That's it for now. Thank you for checking this hotline.
Posted in: Information Hotline
It's worth repeating:
'Therefore, APA's certification ... is extended to cover the entire Flight Crewmembers craft or class on the single transportation system and USAPA's certification ... is terminated."
How entertaining. Great to see so many old names coming out today. You guys are making this out to be like all the East pilots were fighting against having the APA as our new union and thought we could prevent it. EVERY East pilot knew this was going to happen. My bet is almost 100% supported it. And most are glad it's finally behind us all. I personally thought it would have, and should have, happened last week. Anyway, back to your victory celebrations... 
snapthis said:
Not that I'd dare even suggest to any "spartan" that proper respect should ever be shown to anything or anyone by "you'se", but "fricken god", without even so much as a capital G? Seriously? I had no previous idea of your bunch's true importance in the universe.
traderjake
Veteran
- Aug 30, 2002
- 5,669
- 9,308
luvthe9 said:
Let's see if any of the National Officers is willing to risk jail time.
fatherabraham
Veteran
- Sep 27, 2002
- 814
- 354
EastCheats
Veteran
- Mar 12, 2012
- 1,944
- 6,141
I hope they take that risk. I'd like nothing better than seeing them convicted and hauled to prison.traderjake said:
The sad faces in CLT are a result of the official "USAPA" coffee cups being sold out,! Such a shame we luved that designer set!
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
A Cactus 18er has a response:
THIS IS AN AUSPICIOUS DAY—USAPA IS GONE!
8 years ago this month, a little airline called America West Airlines purchased USAirways out of bankruptcy. Thus began one of the greatest legalized criminal endeavors in history.
After a fair and equitable pilot seniority list was issued by an arbitrator, the group of pilots from the bankrupt carrier (East) RENEGED on their legal obligation and used their superior numbers to force the AWA pilots (West) out of their respective union, ALPA, and into their own.
Called USAPA (USAirline Pilots Assn), the single goal of this pseudo-criminal organization was to DISCARD the LEGALLY BINDING list and provide their own, which stapled 90% of West pilots beneath the East.
The VERY FIRST action of these thugs was to SUE 24 WEST PILOTS—INCLUDING ME, PERSONALLY—for the "crime" of forming a legal coalition against them. Accusing us of being "mafia" under the RICO racketeering laws, the case was THROWN OUT of court—twice—as frivolous, but not without costing each pilot and their family severe duress—not to mention tens of thousands of $'s to defend our good name.
The West sued USAPA for "DFR"—Duty of Fair union Representation. By unanimous jury verdict, USAPA was found GUILTY, the moment their illegal list was put into use.
At every turn, this SCAB organization oppressed West pilots to the East pilot's advantage. And oppress they have, stealing our jobs and upgrades, threatening job termination if union dues were not paid, and refusing to negotiate a new, NON-bankruptcy-era contract. For 8 years, lawsuits have flown back and forth, creating a legal quagmire, with USAPA using OUR forced dues payments to fund their own defense and frivolous lawsuits.
In short, USAPA has cost ALL USAirways pilots MILLIONS of dollars.
Well, TODAY, THE NMB (National Mediation Board) ruled that the American Airlines' union, APA (Allied Pilots Assn), is NOW the union for ALL 3 pilot groups, and USAPA is now defunct.
While we have our own issues to deal with in future negotiations with APA, we trust that they will be hammered out in a FAIR and LEGAL manner.
For now, WE WEST PILOTS CELEBRATE!
THIS IS AN AUSPICIOUS DAY—USAPA IS GONE!
8 years ago this month, a little airline called America West Airlines purchased USAirways out of bankruptcy. Thus began one of the greatest legalized criminal endeavors in history.
After a fair and equitable pilot seniority list was issued by an arbitrator, the group of pilots from the bankrupt carrier (East) RENEGED on their legal obligation and used their superior numbers to force the AWA pilots (West) out of their respective union, ALPA, and into their own.
Called USAPA (USAirline Pilots Assn), the single goal of this pseudo-criminal organization was to DISCARD the LEGALLY BINDING list and provide their own, which stapled 90% of West pilots beneath the East.
The VERY FIRST action of these thugs was to SUE 24 WEST PILOTS—INCLUDING ME, PERSONALLY—for the "crime" of forming a legal coalition against them. Accusing us of being "mafia" under the RICO racketeering laws, the case was THROWN OUT of court—twice—as frivolous, but not without costing each pilot and their family severe duress—not to mention tens of thousands of $'s to defend our good name.
The West sued USAPA for "DFR"—Duty of Fair union Representation. By unanimous jury verdict, USAPA was found GUILTY, the moment their illegal list was put into use.
At every turn, this SCAB organization oppressed West pilots to the East pilot's advantage. And oppress they have, stealing our jobs and upgrades, threatening job termination if union dues were not paid, and refusing to negotiate a new, NON-bankruptcy-era contract. For 8 years, lawsuits have flown back and forth, creating a legal quagmire, with USAPA using OUR forced dues payments to fund their own defense and frivolous lawsuits.
In short, USAPA has cost ALL USAirways pilots MILLIONS of dollars.
Well, TODAY, THE NMB (National Mediation Board) ruled that the American Airlines' union, APA (Allied Pilots Assn), is NOW the union for ALL 3 pilot groups, and USAPA is now defunct.
While we have our own issues to deal with in future negotiations with APA, we trust that they will be hammered out in a FAIR and LEGAL manner.
For now, WE WEST PILOTS CELEBRATE!
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