2014 Pilot Discussion

[MUTATIS MUTANDIS]

LMFAO, if I were them maybe they should make their case at the USAPA  DJ case,  because now desperation, is following a very long attrition train! Since as Marty mentioned it is "ALL" our money and I would be in favor of spending every dime to be compensated for lawsuits filed by parties that spend our money for the purpose of getting our  money!  File your lawsuit, we need another good laugh!

 

[dariencc]

The Armando Channel rocks!  All sorts of top notch entertainment.  He even links to the "Alex Jones Channel," where you can learn that 9/11 was an inside US government job. 
 
No wonder he is a man after Traderjake's heart.   An F/O afraid to upgrade and a Delta "senior 767 Captain."  A match made in heaven.
 
 
https://www.youtube....4SNeAjc3K1OnFpw

 

[end_of_alpa]

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

I'm looking forward to USAPA suing the Army of Leonidas group INCLUDING personally suing Marty Harper and Kelly Flood.  USAPA has enough cash to keep the gift of West pilots gift of giving to keep on giving.
 
Oh, we can sue the APA for the perpetuation of the same gift that keeps on giving.
 
USAPA is the BEST insurance money ever to stick it to the West pilots.

 

[end_of_alpa]

THE SMOKING GUN!!!
 
 



[SIZE=12pt]"Once the Court issued its decision on January 10, 2014, US Airways/American and APA agreed that the [/SIZE][SIZE=12pt]“West [/SIZE][SIZE=12pt]Merger [/SIZE][SIZE=12pt]Committee” [/SIZE][SIZE=12pt]was not entitled to participate. [/SIZE]
 
[SIZE=12pt]The parties extended the deadline for agreeing upon a Protocol Agreement through February 9, 2014. US Airways/American and APA then took the position that once APA became the certified bargaining representative, it could unilaterally establish a West Merger Committee and give it the right to participate in the SLI process. US Airways/American also claimed that once APA became the bargaining representative they would have the right to change any part of the Protocol Agreement without the consent of USAPA or the USAPA Merger Committee. The USAPA Merger Committee refused to agree, and the parties were at impasse."[/SIZE]
 
[SIZE=12pt]The APA is as bad or even WORST than the company for trying to "backstab" the ALREADY agreed to Protocol Agreement between USAPA/APA/USAirways/American.  [/SIZE]
 
Marty can try (he will not win) to get money from USAPA but the newly found pay raise the Pilots at AWA have gotten will continue to fund AOL to attack ANYTHING APA does for years to come.  USAPA will operate in perpetuity to thwart those efforts and this three way menage-a-trois will keep circling to effect any efforts to get a contract settled in the next negotiations.
 
The new hire Captains coming on line now will ensure the proper demise of the APA then.

 

[end_of_alpa]

In truth, pilots make TOO much money so they spend it on suing the unions.

 

[snapthis]

I'm looking forward to USAPA suing the Army of Leonidas group INCLUDING personally suing Marty Harper and Kelly Flood.  USAPA has enough cash to keep the gift of West pilots gift of giving to keep on giving.
 
Oh, we can sue the APA for the perpetuation of the same gift that keeps on giving.
 
USAPA is the BEST insurance money ever to stick it to the West pilots.

 
I'd say go for it. USAPA LLC is no longer being funded, a large portion of the funds are going to be tied up until the dispute is over. The USAPA LLC insurance policy will have a premium to be paid. When I read Claxon's posts, which are fantasy rather than fact based about Ferguson not being able to show his face in the crew room is comical. The reality is that Leonidas has support has been here from the days of ALPA to the APA. USAPA has come and gone. There has been an increase in support and funding to see this through. The West legal team is committed as well, despite the misinformation to the contrary.
 
Here's a reality check from the Phoenix crew room:
 
I read all of the briefs, starting with USAPA's. I figured I had to or I never would have finished it. While the APA's is good, Freund's brief is amazing. Peppered with just enough USAPA stench over the past nine years to give the Board the full flavor of what they have been up to. I'm sure they already knew the story though.

Nice job guys. And that is why funding AOL is 1000% worth every dollar.
 
The "officers" of usapa are no doubt sweating at this letter. Their personal "fortunes" are at stake. They have no protection once that iron umbrella known as the RLA was removed when they were decertified.
 
I'll chip in some more $$$ to sue them personally, especially that lying chicken sh$t Bradford.
 
Count me in!
 
Going after the officer's personal wealth? Hell yes.
 
Good Job, Gentlemen, keep on them!
 
If I were one of the officers, I can guarantee you I would not be sleeping well after reading that demand letter from Marty.
 
Exactly, the demand letter has teeth. There is plenty of case law out there regarding this type of situation; funds collected by an organization for a certain purpose and then used for an entirely different one without consent.
 
An arrogant East pilot from another forum wrote of our money, "If you don't want your money depleted, stop triggering litigation which depletes your money."Thats like telling an assault victim to stop fighting back because the beating will end sooner if you give up. That's not happening.

 

[EastUS1]

 
Here's a reality check from the Phoenix crew room:

 
Exactly, the demand letter has teeth.

 
So then...exactly what court judgement's been made that gives that mighty "demand" missive any "teeth"?
 
The only "reality check" any of that mutual back slapping and chest pounding represents is the sad fact that for whatever perverse reasons, "you'se" still delusionally fantasize that what's said in PHX crew room circle jerks means anything at all in the real world. Reality? Umm...I don't think that word means what you think it does.
 
P.S. When are the (and I quote) "billions in damages" going to finally show up?

 

[Phoenix]

I'd say go for it. USAPA LLC is no longer being funded, a large portion of the funds are going to be tied up until the dispute is over. The USAPA LLC insurance policy will have a premium to be paid. When I read Claxon's posts, which are fantasy rather than fact based about Ferguson not being able to show his face in the crew room is comical. The reality is that Leonidas has support has been here from the days of ALPA to the APA. USAPA has come and gone. There has been an increase in support and funding to see this through. The West legal team is committed as well, despite the misinformation to the contrary.
 
Here's a reality check from the Phoenix crew room:
 
I read all of the briefs, starting with USAPA's. I figured I had to or I never would have finished it. While the APA's is good, Freund's brief is amazing. Peppered with just enough USAPA stench over the past nine years to give the Board the full flavor of what they have been up to. I'm sure they already knew the story though.Nice job guys. And that is why funding AOL is 1000% worth every dollar.
 
The "officers" of usapa are no doubt sweating at this letter. Their personal "fortunes" are at stake. They have no protection once that iron umbrella known as the RLA was removed when they were decertified.
 
I'll chip in some more $$$ to sue them personally, especially that lying chicken sh$t Bradford.
 
Count me in!
 
Going after the officer's personal wealth? Hell yes.
 
Good Job, Gentlemen, keep on them!
 
If I were one of the officers, I can guarantee you I would not be sleeping well after reading that demand letter from Marty.
 
Exactly, the demand letter has teeth. There is plenty of case law out there regarding this type of situation; funds collected by an organization for a certain purpose and then used for an entirely different one without consent.
 
An arrogant East pilot from another forum wrote of our money, "If you don't want your money depleted, stop triggering litigation which depletes your money."Thats like telling an assault victim to stop fighting back because the beating will end sooner if you give up. That's not happening.

Ok, sure you have lots of money, and Ferggie is a hero. In ten years you haven't been able to buy implementation of the Nic. The only thing AOL can buy you is an "unofficial Nic list".

 

[nevergiveup]

I'm afraid that Marty is too good of a salesman. 

 

[Freighterguynow]

Settle in on the island PHX denizens.

2018 now for joint Ops.

 

[MUTATIS MUTANDIS]

No ST. NIC for Christmas, yes again! LMFAO !!

 

[EastCheats]

I'm LMAO because you thought the APA was going to play in UCRAPA's hand. After reading the APA's briefs, it's pretty clear USAPs are irrelevant.

 

[Phoenix]

I'm LMAO because you thought the APA was going to play in UCRAPA's hand. After reading the APA's briefs, it's pretty clear USAPs are irrelevant.

The APA is your friend. Count on it. They would never play you. Believe it.

 

[Claxon]

I'm LMAO because you thought the APA was going to play in UCRAPA's hand. After reading the APA's briefs, it's pretty clear USAPs are irrelevant.

I am quoting endofalpa's post above. 
 
USAPA obviously knew that merging with an airline of American Airline Pilots accustomed to showing up at a pilot merger with the top of their list and a stapler (IE:Air Cal, Reno and TWA) was going to be challenging. 
 
Frankly sir, you are an ill informed ass paying way too much money for a tie.  You did not  leap frog original US Airways pilots 17 years your senior, because East pilots were not bent over to allow such leap.
 
You are on your island in PHX for at least 6 years, not because you are a victim, it was due to your ignorance and greed.
 
Pay homage to fergie if you wish, it enhances the payback memories.
 
"end_of_alpa
Posted Today, 06:32 AM


Veteran




 
THE SMOKING GUN!!!


 
[SIZE=12pt]The parties extended the deadline for agreeing upon a Protocol Agreement through February 9, 2014. US Airways/American and APA then took the position that once APA became the certified bargaining representative, it could unilaterally establish a West Merger Committee and give it the right to participate in the SLI process. US Airways/American also claimed that once APA became the bargaining representative they would have the right to change any part of the Protocol Agreement without the consent of USAPA or the USAPA Merger Committee. The USAPA Merger Committee refused to agree, and the parties were at impasse."[/SIZE]
 
[SIZE=12pt]The APA is as bad or even WORST than the company for trying to "backstab" the ALREADY agreed to Protocol Agreement between USAPA/APA/USAirways/American. "[/SIZE]

 

[Claxon]

america west pilots eric auxier and tony anger are scabs IMHO.
 
Watch the credits at the end of the video.  I love auxier's (ie; hypocrite scab capn aux) quote about phx pilots update recommending their pilots to "keep their nose clean" during company negotiations.  capn aux is excited about the injunction against all US Airways pilots.
 
In the video capn aux did not like USAPA lanyards, but 675 dollar ties are ok in his integrity list.
 
Never forget.
 
https://www.youtube.com/watch?v=tlzpMjT58WY&index=7&list=PL5DCDEE4D2ADA2659