2014 Pilot Discussion

[dariencc]

 
Of course, it must necessarily be noted that the APA "is the bargaining agent" for the APA/AMR folks as well, so it naturally goes without saying that they will spend many sleepless nights trying to best figure out how to help "you'se" mighty "spartans" along towards your noble goals of absurdly inflated "seniority" over even themselves, I mean..why wouldn't they? No matter. I'm sure they're all your best-friends-forever and will do everything in their power to "help" all of "you'se" out in PHX. Umm..might this be yet another appropriate time to quote P.T. Barnum's wisdom?

 
Hey East,  It worked for Air Cal, Eastern's Latin American Division, Reno and TWA.  

 

[dariencc]

Res Judicata has reportedly stroked out.

 
Thank God the highly professional FBI lie detector technicians flagged that walking time bomb with a big red NFW.
 
Not to mention the subsequent denial by the United States Secret Service, an organization which bears this nation's highest responsibilities.  Can you imagine that whack job armed with a high caliber firearm and in close proximity to the President of the United States and our other senior government officials?
 
It makes one shudder to consider the possible reaction of such an individual to being assigned a weekend shift at the White House, guarding an emergency cabinet meeting, while other agents with less imagined "seniority" are off.  Would he suddenly open fire on the dignitaries while screaming about relative seniority, LOA 93, dire wolves and Captain Michael Cleary?
 
Fortunately, we will never have to find out.

 

[Claxon]

Mr. Goatman, west pilot, video producer, star and director, do not bogie the doobie any more please.
 
http://vimeo.com/4421115

 

[Claxon]

west pilot merger committee solution for American pilots and East pilots.
 
https://www.youtube.com/watch?v=Kh9TFUZ8lBM

 

[EastUS1]

 
Hey East,  It worked for Air Cal, Eastern's Latin American Division, Reno and TWA.  

 
Good point. What could even possibly go wrong with "spartan" fantasies that the APA just loves them beyond words being able to express? With even the venerable TWA? = Not-so-much, but there must needs be a truly special place in their hearts for AWA/"sparta"....Right? I'm only surprised that there aren't yet monuments to "knights", "dire wolves" and west "Integrity" already erected in every American Airlines domicle....Of course, issues like the "army" of "spartans" previous MEC Chair directly asking the CEO how he could "turn in" supposedly fellow pilots might have offered the APA a moment's hesitation before otherwise "reasonably" bowing down to the wishes of the west, but who knows? Aww...nevermind. That's just crazy talk on my part. I'm sure the APA folks just can't wait to offer the likes of prechil/res j/snap/etc all 777 left seats at the first possible chance. After all...the AWA folks, in he same sense as they were the 767's/330's, are both entitled to and fully deserving of such...Just ask them.

 

[Claxon]

Those that I feel sorry for the most are the west junior pilots, convinced by pain of the infamous west blanket party, to stay on furlough with the promise of future damages.
 
The new hires that went to the west and immediately had to buy a 675 tie and pay monthly army of lyingitas deductions or face the infamous west blanket party.
 
The recent new hires that had to go to indoc with the west pilots in phx and listen to their bull ****.
 
Shame on you west pilots.  Scabs, scourge and scum of the airline industry,

 

[snapthis]

Yes, there legal tigers could be beneficial to all.. They have the "unofficial revised nicolau list" posted on their website but the "protocol agreement" is impossible to find....

P.S. Has anone noticed all the West websites end in ".com" (a commercial extension) and APA and USAPA end in ".org"? Hmmm...

Where is USAPA LLC? The silence speaks volumes.
 
03 December 2014 Pre-Hearing Briefs:
 
​-West Committee Preliminary Arbitration Pre-Hearing Brief.
-West Committee Preliminary Arbitration Witness List.
-Company Pre-Hearing Brief Pilot SLI Preliminary Arbitration.
-APA Preliminary Arbitration Pre-Hearing Brief.
-Prehearing Brief for USAPA MC and USAPA.

 

[Pi brat]

Where is USAPA LLC? The silence speaks volumes.
 
03 December 2014 Pre-Hearing Briefs:
 
​-West Committee Preliminary Arbitration Pre-Hearing Brief.
-West Committee Preliminary Arbitration Witness List.
-Company Pre-Hearing Brief Pilot SLI Preliminary Arbitration.
-APA Preliminary Arbitration Pre-Hearing Brief.
-Prehearing Brief for USAPA MC and USAPA.

Not sure what you mean. USAPA filed their briefs also. They are available on the USAPA website. Didn't AOL feed you those too?

 

[snapthis]

Not sure what you mean. USAPA filed their briefs also. They are available on the USAPA website. Didn't AOL feed you those too?

I found the USAPA LLC site pretty useless for information. I did not see any updates. Do you have to have a password?

 

[Pi brat]

I found the site pretty useless for information. I did not see any updates. Do you have to have a password?

Yeah, it's GFUTAYWB.
 
You mean AOL didn't lay out ALL the info for you? Just what they wanted you to hear?

 

[snapthis]

Yeah, it's GFUTAYWB.
 
You mean AOL didn't lay out ALL the info for you? Just what they wanted you to hear?

GFUTAYWB?
 
I'll lay it out for you, I'm well into my 50's and not interested in breaking the texting code of a teenager.

 

[Pi brat]

GFUTAYWB?
 
I'll lay it out for you, I'm well into my 50's and not interested in breaking the texting code of a teenager.

You're not interested in learning anything.

 

[traderjake]

GFUTAYWB?

 
Girl friend under table and yes wide body?

 

[EastUS1]

Where is USAPA LLC? The silence speaks volumes.
 

 
Enjoy whatever fantasies you need to maintain "spartan" morale. Not everyone needs to fan some delusional frenzy so's to better hawk $675 ties.

 

[snapthis]

Enjoy whatever fantasies you need to maintain "spartan" morale. Not everyone needs to fan some delusional frenzy so's to better hawk $675 ties.

Don't worry about us.

You'd better be more concerned about raising your own money when no longer have access to ours.

Dec 4, 2014
Dear Brian,
This letter is to provide another notice to the four National Officers of USAPA ("Officers")Gary Hummel, Stephen Bradford, Rob Streble, and Steve Smyserof the West pilots' demand for the prompt distribution of USAPA assets, minus whatever minimal funds are reasonably needed to conclude the affairs of USAPA. We demand further that USAPA immediately cease from using either its treasury funds or any special assessment funds to support either the USAPA East Pilot Merger Committee or USAPA itself in preparation and participation in the upcoming initial arbitration to oppose the West Pilots' participation in the pilot seniority integration process. As we have previously advised, if the Officers continue to insist on deferring dissolution of USAPA, and continue to use USAPA funds, whether general funds or special assessment funds, in a manner adverse to West Pilots, the Officers may subject themselves to personal liability for breach of their fiduciary duties to the former members of USAPA, whether East or West Pilots.
We understand that USAPA may have as much as $12 million currently on hand. These monies were derived almost 100% from the dues paid by former US Airways pilots to USAPA. The West Pilots paid somewhere between 35% and 40% of these monies to USAPA. An accounting will determine the total amount of the West Pilots' share. The point is that each time USAPA pays to support an action or project that is adverse to the West Pilots' goals and objectives, it is spending West Pilots' monies against them. The West Pilots demand that this practice stop immediately.
On September 12, 2014, Roger Velez, a former member of USAPA. sent a letter on behalf of all West Pilots to the four Officers, demanding: (1) an accounting of USAPA's finances; (2) a calculation of the amount of money to be returned to each US Airways pilot pursuant to the USAPA constitution; and (3) no deferral of dissolution. Mr. Velez further ecessary, action would be taken to recover any amounts expended from the individual Officers who authorized such expenditures. Despite these demands, the Officers refused to take action and instead initiated litigation in North Carolina against Mr. Velez and a putative class of West Pilots, using, we assume. West Pilots' dues money to pay for this litigation. This action is, by its very nature not a "collective legal action on behalf of the pilot group" and is, instead, a direct attack on Mr. Velez and a putative class consisting of all of the West Pilots.
USAPA was decertified as the exclusive bargaining representative of US Airways pilots on September 16, immediately ceasing to have any statutory responsibilities or privileges as the bargaining agent of any pilot group. Upon decertification, the Officers each assumed personal fiduciary duties in the wrapping up of the organization under USAPA's governing documents and federal and state law. Contrary to the clear mandate of USAPA's constitution, the Officers decided to defer dissolution and not to make any distribution of the organization's assets until sometime in the future. In support of this action, the Officers cited a provision of USAPA's constitution. Article I Section 3(C). which they argued allows them to defer dissolution and distribution of any funds.
There are at least two problems with the Officers' interpretation and application of USAPA's constitution. First, Section 3(C) allows deferral only where there is a uneed for collective legal action on behalf of the pilot group." We recognize that this provision would in some circumstances allow the Officers, subject to their fiduciary duties, to use the funds to take action on behalf and for the collective benefit of all former US Airways pilots. However, retaining all of the funds and then using some of those funds to fund both USAPA and the East Pilot Merger Committee in an attempt to block the West Pilots' participation in the SLI process arising from the merger of American Airlines and US Airwaysis anathema to '"collective legal action on behalf of the pilot group." The West Pilots do not want their monies used for this purpose and thereby demand the Officers stop this practice immediately.
Likewise, the use of USAPA funds to pay for USAPA and the East Pilots' side of the pending Ninth Circuit Court of Appeals case is not in support of "collective legal action on behalf of the pilot group." The West Pilots Class is directly opposed to USAPA and the East Pilots in that case, thus it is not litigation for the "collective . . . pilot group." The same can be said of USAPA's pending suit against the PBGC. That suit, if it results in anything, will benefit only the former US Airways Pilots, so if USAPA funds are being used to pay for that litigation, as we suspect they are, then the West Pilots do not want any of the funds they have paid into USAPA to be used to support it. Similarly. USAPA has filed an appeal to the Third Circuit Court of Appeals regarding the Kasher 3% decision, which benefits only the East Pilots, and not the West Pilots. The West Pilots do not want any funds they have paid into USAPA to be used to support it. That same goes for any other case, legal project or undertaking that is not "collective legal action on behalf of the pilot group." In addition, Section 3(C) further requires distribution of excess USAPA monies if the "available funds exceed the expected costs of collective legal representation." While the Officers refused to provide a detailed accounting of USAPA funds as requested byMr. Velez on behalf of the West Pilots as noted above, we believe that USAPA currently
holds more than $12 million, consisting entirely of general member dues and special assessments. Yet the Officers asserted on September 16. 2014 in their determination that "it is currently not possible to determine with certainty whether available funds exceed the expected costs of collective legal action" (emphasis added). Even if the Officers were legally able to use this money to harm the interests of the West Pilots (which they cannot). it is unfathomable how the Officers could contemplate spending the entirety of these funds
on such action(s). Any serious claim by the Officers that doing so might be necessary is completely unjustifiable, thus in and of itself showing a lack of good faith. While USAPA's history is admittedly litigious, the Officers nonetheless have a fiduciary duty to determine a reasonable limit to the amount that may be necessary for some future legitimate "collective legal action on behalf of the pilot group," and to distribute the rest pursuant to USAPA's constitution.
We understand the East Pilots' determination to prevent the West Pilots from participation in the SL1 process. As already stated, the Officers cannot continue to use the West Pilots' dues monies against them for this purpose or any other purpose. The time has come for the Officers to stop this practice. If the East Pilots want to continue their opposition to the West Pilots on the issue of seniority, then USAPA should distribute their excess dues money to them and the West Pilots, and then let East Pilots use their private monies to support USAPA and the East Merger Committee. This is what the West Pilots have been forced to do since 2008. Perhaps some East Pilots will decide to use their own money to continue the fight against the West Pilots. Let's see how many East Pilots step up and decide to do so.

Accordingly, we demand that the Officers demonstrate their good faith and fulfillment of their legal and fiduciary duties by promptly taking the following steps:
(1) Provide a full accounting of USAPA treasury and special assessment funds;
(2) Identify in detail what future "collective legal action" might be required "on
behalf of the pilot group" and others to determine a reasonable amount of funds
that may properly be withheld under Section 3(C) for that "collective litigation
on behalf of the pilot group;"
(3) Commence an immediate distribution of ail USAPA funds that are in excess of
the amount identified in paragraph (2) above;
(4) Specifically identify what funds are reasonably necessary to conclude the affairs
of USAPA. the former labor organization, and then withhold those funds from
distribution to the pilot group until it has been determined later what funds were
used to wrap up the pilot group's former labor union.
(5) Immediately stop using treasury or special assessment funds to support litigation
or any other actions that are adverse to the West Pilots' interests;
(6) Stop using West Pilots' dues or special assessment contributions to support
USAPA as a "private, unincorporated non-profit association:" and
(7) Provide evidence that the Officers are not using special assessment funds to fund
the East Merger Committee against the seniority interests of West Pilots;
We remind the individual Officers that failure to comply may constitute a breach of their fiduciary duties, and that if such a determination is made, the Officers will be exposed to personal liability for any actions taken under the guise of USAPA.
Marty Marper Kelly I Flood MH:ka