2014 Pilot Discussion
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One can be off the property, yet still on the property.traderjake said:
If Mike Cleary was USAPA (sm) president during the period when the Nicolau Award was never implemented and therefore defeated, he will always in effect be on the property.
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Oh no, not so fast. There is a huge difference between a process being fair and a award being fair. Many of you West posters have stated many times that very same thing only that, IYO, it didn't matter if the award was fair or not as long as the process was followed.Metroyet said:
traderjake
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dariencc said:
Not while I'd be a Reserve, count on that.
Apparently not everyone places the same value on their time.
luvthe9
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Phoenix said:
Wonder what the west is smoking to think the APA wants to use the NIC, get real westies, the APA wants to what's best for them, they don't care about the west or the east.
PS....... It's been nice that you westies came back on the board after your last defeat, it's not the same without you, so enjoy for the next 30 days!
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December 19, 2014 America West Merger Committee Update
The Preliminary Arbitration hearings in Washington D.C concluded on Wednesday, December 17. The hearings spanned three full days, culminating in closing arguments by all parties yesterday afternoon. The Protocol Agreement asks that the arbitrators issue an award within 30 days of the close of the hearings, which would be Friday, January 16, 2015.
As we stated in our previous communications, we have adopted the practice of the former AWA ALPA Merger Committee of not providing commentary during the pendency of hearings, and instead posting all hearing transcripts on the internet as soon as they become available. All three days of hearing transcripts are available on our website.www.west-merger-committee.com. We did our best to provide an objective summary of the issues that were to be argued in the Preliminary Arbitration before the hearings began, and the transcripts themselves best describe how the parties tackled those issues in the hearing itself.
Despite our policy of not providing commentary regarding arbitration hearings, we would like to take a few moments to discuss one issue argued in the hearings, as it provides an important perspective on where we are today. Specifically, we encourage you to focus on both the opening and closing statements of Ed James, General Counsel of our new union, the Allied Pilots Association (APA). In his statements, Mr. James eloquently describes how APA’s duty of fair representation plays a role in the upcoming McCaskill-Bond process:
“It's almost a prototypical breach as if the Union were to defer to a larger group of -- segment of the workforce it represents, and there's evidence of hostility between that group and another group, for APA to defer is the definition of a breach of duty of fair representation.”
Mr. James further explains that APA's attempts to accommodate the West pilots is perhaps not something that the overwhelming majority of its members might want, and in fact, AA & APA's insistence that there be a West merger committee contributed to a several month delay of APA's succession as our bargaining agent.
While most of you might find APA's explanation of DFR refreshing in light of USAPA's long-held view of that same legal duty, we highlight this only because it makes very clearly that the America West pilots would not otherwise be afforded ANY accommodation but for the fact of our viable legal claim, coupled with our demonstrated ability to repeatedly and consistently organize and fund class litigation. USAPA could have never prevailed on the merits of a DFR claim if it unilaterally abandoned the Nicolau Award, but could have easily prevailed had it been successful with its concerted efforts to bankrupt and divide us. It didn’t succeed. And although the courts have so far found that the Railway Labor Act cannot be fairly interpreted to provide us timely justice in our situation, those same courts have consistently recognized the injustice USAPA has visited on us and provided sufficient forward-looking admonitions regarding our seniority situation that our successor union APA has taken quite seriously.
We would like to take a moment to thank our legal team who worked long hard hours this week to put on an incredible case on our behalf: Marty Harper of ASU Alumni Law Firm PLLC, and Jeff Freund, Josh Shiffrin, and paralegal Christine Heffernan of Bredhoff & Kaiser PLLC.
We would also like to thank each and every America West pilot for their ongoing moral and financial support, and to wish all of you and your families a very happy holiday season. We believe the new year will begin with some newfound optimism for our pilot group, and we look forward to speaking to you then.
Sincerely,
The America West Merger Committee
The Preliminary Arbitration hearings in Washington D.C concluded on Wednesday, December 17. The hearings spanned three full days, culminating in closing arguments by all parties yesterday afternoon. The Protocol Agreement asks that the arbitrators issue an award within 30 days of the close of the hearings, which would be Friday, January 16, 2015.
As we stated in our previous communications, we have adopted the practice of the former AWA ALPA Merger Committee of not providing commentary during the pendency of hearings, and instead posting all hearing transcripts on the internet as soon as they become available. All three days of hearing transcripts are available on our website.www.west-merger-committee.com. We did our best to provide an objective summary of the issues that were to be argued in the Preliminary Arbitration before the hearings began, and the transcripts themselves best describe how the parties tackled those issues in the hearing itself.
Despite our policy of not providing commentary regarding arbitration hearings, we would like to take a few moments to discuss one issue argued in the hearings, as it provides an important perspective on where we are today. Specifically, we encourage you to focus on both the opening and closing statements of Ed James, General Counsel of our new union, the Allied Pilots Association (APA). In his statements, Mr. James eloquently describes how APA’s duty of fair representation plays a role in the upcoming McCaskill-Bond process:
“It's almost a prototypical breach as if the Union were to defer to a larger group of -- segment of the workforce it represents, and there's evidence of hostility between that group and another group, for APA to defer is the definition of a breach of duty of fair representation.”
Mr. James further explains that APA's attempts to accommodate the West pilots is perhaps not something that the overwhelming majority of its members might want, and in fact, AA & APA's insistence that there be a West merger committee contributed to a several month delay of APA's succession as our bargaining agent.
While most of you might find APA's explanation of DFR refreshing in light of USAPA's long-held view of that same legal duty, we highlight this only because it makes very clearly that the America West pilots would not otherwise be afforded ANY accommodation but for the fact of our viable legal claim, coupled with our demonstrated ability to repeatedly and consistently organize and fund class litigation. USAPA could have never prevailed on the merits of a DFR claim if it unilaterally abandoned the Nicolau Award, but could have easily prevailed had it been successful with its concerted efforts to bankrupt and divide us. It didn’t succeed. And although the courts have so far found that the Railway Labor Act cannot be fairly interpreted to provide us timely justice in our situation, those same courts have consistently recognized the injustice USAPA has visited on us and provided sufficient forward-looking admonitions regarding our seniority situation that our successor union APA has taken quite seriously.
We would like to take a moment to thank our legal team who worked long hard hours this week to put on an incredible case on our behalf: Marty Harper of ASU Alumni Law Firm PLLC, and Jeff Freund, Josh Shiffrin, and paralegal Christine Heffernan of Bredhoff & Kaiser PLLC.
We would also like to thank each and every America West pilot for their ongoing moral and financial support, and to wish all of you and your families a very happy holiday season. We believe the new year will begin with some newfound optimism for our pilot group, and we look forward to speaking to you then.
Sincerely,
The America West Merger Committee
traderjake
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luvthe9 said:
Eight days a month including eight dead heads.
Eat your heart out , fat man.
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For those of us in PHL............
IT WOULD BE SMART TO KEEP PAUL MUSIC IN AT THIS POINT IN TIME!!!!!!
Ballot Certification Committee
December 19, 2014
NOMINATION ANNOUNCEMENT: 2015 National Officers, Appeal Board & PHL Domicile Officers
NOMINATION NOTICE
Nominations for the USAPA National Officers, Appeal Board and PHL Domicile Officers are being accepted by internet and telephone beginning December 19, 2014. Terms of office will begin on April 18, 2015.
In order to make a nomination you must wait until receiving instructions by U.S. mail. These instructions will include a unique PIN that will ONLY be used for nominations and WILL NOT replace your regular voting VIN/PIN. You will be able to nominate using computer based services or telephone.
All nominations must be received no later than 1400 ET on January 9, 2015.
Within 48 hours after the close of nominations, all eligible nominees will be notified of their nomination. Nominees shall execute a statement, in a form provided by the Secretary-Treasurer, indicating a willingness to serve if elected; and the Conflict of Interest Disclosure form set forth in Appendix B to the USAPA Constitution and Bylaws. These forms are available in the member’s only section of the USAPA website. The executed Willingness to Serve form and Conflict of Interest Disclosure form must be received by the Secretary-Treasurer no later than 1700 ET, on January 16, 2015. Nominees will not be included on the election ballot if the required paperwork is not received. If desired, these forms may be transmitted via fax.
Election balloting is anticipated to take place by Internet from January 22, 2015 through February 12, 2015. If necessary, a runoff election is anticipated to be conducted from February 19, 2015, through March 12, 2015. Notice of election and voting instructions will be posted on the USAPA website and emailed 21 days prior to the close of voting.
Please contact the Ballot Certification Committee via email at ballot@usairlinepilots.org or by telephone at (704) 981-2831 if you need assistance.
USAPA Ballot Certification Committee
To adjust your email preferences or to opt out of communications, please visit the Account Settings section of the website.
Copyright 2014 - US Airline Pilots Association
200 East Woodlawn Road, Suite 250, Charlotte, NC 28217
Phone Message: 877-332-3350 | Office: 704-936-4500 | Toll-free: 877-332-3342
IT WOULD BE SMART TO KEEP PAUL MUSIC IN AT THIS POINT IN TIME!!!!!!
Ballot Certification Committee
December 19, 2014
NOMINATION ANNOUNCEMENT: 2015 National Officers, Appeal Board & PHL Domicile Officers
NOMINATION NOTICE
Nominations for the USAPA National Officers, Appeal Board and PHL Domicile Officers are being accepted by internet and telephone beginning December 19, 2014. Terms of office will begin on April 18, 2015.
In order to make a nomination you must wait until receiving instructions by U.S. mail. These instructions will include a unique PIN that will ONLY be used for nominations and WILL NOT replace your regular voting VIN/PIN. You will be able to nominate using computer based services or telephone.
All nominations must be received no later than 1400 ET on January 9, 2015.
Within 48 hours after the close of nominations, all eligible nominees will be notified of their nomination. Nominees shall execute a statement, in a form provided by the Secretary-Treasurer, indicating a willingness to serve if elected; and the Conflict of Interest Disclosure form set forth in Appendix B to the USAPA Constitution and Bylaws. These forms are available in the member’s only section of the USAPA website. The executed Willingness to Serve form and Conflict of Interest Disclosure form must be received by the Secretary-Treasurer no later than 1700 ET, on January 16, 2015. Nominees will not be included on the election ballot if the required paperwork is not received. If desired, these forms may be transmitted via fax.
Election balloting is anticipated to take place by Internet from January 22, 2015 through February 12, 2015. If necessary, a runoff election is anticipated to be conducted from February 19, 2015, through March 12, 2015. Notice of election and voting instructions will be posted on the USAPA website and emailed 21 days prior to the close of voting.
Please contact the Ballot Certification Committee via email at ballot@usairlinepilots.org or by telephone at (704) 981-2831 if you need assistance.
USAPA Ballot Certification Committee
To adjust your email preferences or to opt out of communications, please visit the Account Settings section of the website.
Copyright 2014 - US Airline Pilots Association
200 East Woodlawn Road, Suite 250, Charlotte, NC 28217
Phone Message: 877-332-3350 | Office: 704-936-4500 | Toll-free: 877-332-3342
Metroyet
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Seriously? The PROCESS makes the award fair. Yep. It was demonstrably FAIR to place a new hire above a guy with 17 years. Anyone who says it isn't fair is just interjecting their own OPINION. The process and the award, are 100% fair by definition.A320 Driver said:
Let's expand on that. If the APA can "do whatever the hell it wants", then why didn't it just grant the west a seat to start with? Why go through all of this extra crap? And if they can "do whatever the hell it wants", why mess with any of this? Just dictate a SLI?Metroyet said:
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Let me be clear Metroyet...
B*** S***
There will NEVER be anything fair about making a new hire senior to another person with a decade and a half full time service. I don't care if you work for US Airways or Walmart.
B*** S***
There will NEVER be anything fair about making a new hire senior to another person with a decade and a half full time service. I don't care if you work for US Airways or Walmart.
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