- May 8, 2007
- 3,146
- 3,236
Just goes to show what the quality of business knowledge reporters have when reporting news. Parker and the 10K speak for itself. Oh, you Westicles just keep repeating your ignorance.EastCheats said:
2015 Pilot Discussion.
- Thread starter Eagle
- Start date
- Status
EastCheats
Veteran
- Mar 12, 2012
- 1,944
- 6,141
Usapian's like yourself who reside in denial are an endless reservoir of entertainment.end_of_alpa said:
luvthe9
Veteran
- Aug 30, 2002
- 9,464
- 14,119
As there are no west WIDEBODY pilots........CactusPilot1 said:
A fact extremely evident to legacy AA pilots.
You can thank Eric Ferguson for that.
Eric was offered the Nic and passed on it. Ask him why when he flies his occasional trip and you might come across him. He is usually golfing with Marty.
west aircraft flying 24% of east flying is fact. The america west franchise was a failed business model for decades. Despite rock bottom wages and benefits, the airline was again, destined for chapter 11 had it not hitched itself to the east operation.luvthe9 said:
traderjake
Veteran
- Aug 30, 2002
- 5,669
- 9,308
Did you ever admit you were wrong about the West getting a Merger Committee?
EastCheats
Veteran
- Mar 12, 2012
- 1,944
- 6,141
Luv and Claxon:View attachment 10615
snapthis
Veteran
- Dec 23, 2009
- 4,236
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March 06, 2015
Leonidas Update
Many events have occurred over the past year with regard to the MOU, JCBA, and USAPA (Former Bargaining Agent - FBA) being decertified on September 16, 2014. That was a good day for PHX based pilots.
West pilots are no longer under the tyranny of a hostile union that was created to disenfranchise a minority group within the union. Since September 16th, when the NMB de-certified the FBA, attempts were made to resolve the misuse of dues monies and its refusal to dissolve and disburse excess dues. After the first demand letter was issued to the FBA Officers, the new FBA, operating as private unincorporated nonprofit organization, decided to file a Declaratory Judgment lawsuit against Velez and Leonidas. Here is the latest filing with regard to this case, our response against FBAs request for motion to amend. (here) We will continue to handle this as needed to resolve the legal action in NC against Velez and Leonidas.
Over the past six months, the west pilots legal team has repeatedly sent requests to the FBA legal team requesting that the FBA dissolve and disburse the excess dues in an appropriate manner. To no ones surprise and to no avail internally and externally of the FBA, this has done little to resolve the situation. Several weeks ago, three pilots sent additional demand letters to the Officers and BPR of the FBA attempting to one more time to resolve the issue of the defendants retaining and misusing union pilots funds collected while the FBA operated as a national unincorporated labor organization within the meaning of 29 U.S.C. § 402(i). The plaintiffs demand letter is (here) for your reading. As you can assume, these latest demand letters have fallen on hollow ground.
Late last month, three former US Airways pilots filed a LMRDA lawsuit against the FBA National officers and various members of the BPR. The application to file a complaint was filed February 23, 2015 in the United Sates District Court of North Carolina, Charlotte Division. The protocol for filing a lawsuit of this type is to file an application requesting the approval to file the lawsuit.
Today, the application to file the lawsuit was granted, and the LMRDA lawsuit was deemed filed on February 23. (here) is the Order from United States District Judge Max O. Cogburn Jr., and (here) is the LMRDA lawsuit. Because the LMRDA lawsuit is related to the action that the FBA filed, we have given notice to the judge in the earlier lawsuit that the LMRDA action has been filed. That Notice is (here).
The years of attempting to resolve issues with the FBA internally have also come to an end. With this inability to resolve differences, the PHX BPR reps, John Scherff, Dave Simmons and Eric Ferguson have officially resigned from the FBA BPR. You can read their resignation letters (here).
The various legal fronts confronted over the years would not have been possible without the continued financial support of all our supporters. We are grateful and thank you for all the years of your financial support. Since we are pushing to the end of this endeavor, we are still in need of every West pilots push to contribute to the monthly Leonidas Push Campaign. The Push Campaign will be our main source of funding the various legal fronts. Please sign up (here) to be part of the Push needed to complete this endeavor.
Thank you,
Leonidas, LLC
Leonidas Update
Many events have occurred over the past year with regard to the MOU, JCBA, and USAPA (Former Bargaining Agent - FBA) being decertified on September 16, 2014. That was a good day for PHX based pilots.
West pilots are no longer under the tyranny of a hostile union that was created to disenfranchise a minority group within the union. Since September 16th, when the NMB de-certified the FBA, attempts were made to resolve the misuse of dues monies and its refusal to dissolve and disburse excess dues. After the first demand letter was issued to the FBA Officers, the new FBA, operating as private unincorporated nonprofit organization, decided to file a Declaratory Judgment lawsuit against Velez and Leonidas. Here is the latest filing with regard to this case, our response against FBAs request for motion to amend. (here) We will continue to handle this as needed to resolve the legal action in NC against Velez and Leonidas.
Over the past six months, the west pilots legal team has repeatedly sent requests to the FBA legal team requesting that the FBA dissolve and disburse the excess dues in an appropriate manner. To no ones surprise and to no avail internally and externally of the FBA, this has done little to resolve the situation. Several weeks ago, three pilots sent additional demand letters to the Officers and BPR of the FBA attempting to one more time to resolve the issue of the defendants retaining and misusing union pilots funds collected while the FBA operated as a national unincorporated labor organization within the meaning of 29 U.S.C. § 402(i). The plaintiffs demand letter is (here) for your reading. As you can assume, these latest demand letters have fallen on hollow ground.
Late last month, three former US Airways pilots filed a LMRDA lawsuit against the FBA National officers and various members of the BPR. The application to file a complaint was filed February 23, 2015 in the United Sates District Court of North Carolina, Charlotte Division. The protocol for filing a lawsuit of this type is to file an application requesting the approval to file the lawsuit.
Today, the application to file the lawsuit was granted, and the LMRDA lawsuit was deemed filed on February 23. (here) is the Order from United States District Judge Max O. Cogburn Jr., and (here) is the LMRDA lawsuit. Because the LMRDA lawsuit is related to the action that the FBA filed, we have given notice to the judge in the earlier lawsuit that the LMRDA action has been filed. That Notice is (here).
The years of attempting to resolve issues with the FBA internally have also come to an end. With this inability to resolve differences, the PHX BPR reps, John Scherff, Dave Simmons and Eric Ferguson have officially resigned from the FBA BPR. You can read their resignation letters (here).
The various legal fronts confronted over the years would not have been possible without the continued financial support of all our supporters. We are grateful and thank you for all the years of your financial support. Since we are pushing to the end of this endeavor, we are still in need of every West pilots push to contribute to the monthly Leonidas Push Campaign. The Push Campaign will be our main source of funding the various legal fronts. Please sign up (here) to be part of the Push needed to complete this endeavor.
Thank you,
Leonidas, LLC
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-mc-00035-MOC-DCK
THIS MATTER is before the court on plaintiffs’ Motion for Leave to Bring Verified
Complaint Under Title V of the Labor Management Reporting and Disclosure Act. Review of
the motion and the Verified Complaint alongside the other exhibits reveals that there is good
cause to proceed with a section 501( suit as plaintiff has stated a cognizable section 501(
claim based on specific alleged section 501 violations, which plaintiffs have verified to the best
of their information and belief. George v. Local Union No. 639, 98 F.3d 1419 (D.C. Cir. 1996).
BILL TRACEY
SIMON PARROTT
EDDIE BOLLMEIER,
Plaintiffs, )
Vs. )
JOE STEIN
PETE DUGSTAD
GARY HUMMEL
STEPHEN BRADFORD
ROB STREBLE
STEVE SMYSER
ROBERT FREAR
JAY MILKEY
COURTNEY BORMAN
STEPHEN NATHAN
JANE DOE BORMAN
RONALD NELSON
PAUL DIORIO
PAUL MUSIC
JOHN TAYLOR,
Defendants. )
Case 3:15-mc-00035-MOC-DCK Document 2 Filed 03/06/15 Page 1 of 2
-2-
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Leave to Bring Verified
Complaint Under Title V of the Labor Management Reporting and Disclosure Act (#1) is
GRANTED, and the Clerk of Court shall file such Verified Complaint as a civil action, nunc pro
tunc, to the date plaintiff filed this application.
Signed: March 5, 2015
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-mc-00035-MOC-DCK
THIS MATTER is before the court on plaintiffs’ Motion for Leave to Bring Verified
Complaint Under Title V of the Labor Management Reporting and Disclosure Act. Review of
the motion and the Verified Complaint alongside the other exhibits reveals that there is good
cause to proceed with a section 501( suit as plaintiff has stated a cognizable section 501(
claim based on specific alleged section 501 violations, which plaintiffs have verified to the best
of their information and belief. George v. Local Union No. 639, 98 F.3d 1419 (D.C. Cir. 1996).
BILL TRACEY
SIMON PARROTT
EDDIE BOLLMEIER,
Plaintiffs, )
Vs. )
JOE STEIN
PETE DUGSTAD
GARY HUMMEL
STEPHEN BRADFORD
ROB STREBLE
STEVE SMYSER
ROBERT FREAR
JAY MILKEY
COURTNEY BORMAN
STEPHEN NATHAN
JANE DOE BORMAN
RONALD NELSON
PAUL DIORIO
PAUL MUSIC
JOHN TAYLOR,
Defendants. )
Case 3:15-mc-00035-MOC-DCK Document 2 Filed 03/06/15 Page 1 of 2
-2-
ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Leave to Bring Verified
Complaint Under Title V of the Labor Management Reporting and Disclosure Act (#1) is
GRANTED, and the Clerk of Court shall file such Verified Complaint as a civil action, nunc pro
tunc, to the date plaintiff filed this application.
Signed: March 5, 2015
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
March 06, 2015
President Gary P. Hummel
[email protected]
USAPA
200 East Woodlawn Road
Charlotte, NC 28217
President Elect Steven H. Bradford
[email protected]
USAPA
200 East Woodlawn Road
Charlotte, NC 28217
Dear Captains Hummel and Bradford,
The three signatories to this letter hereby submit our resignations as the Phoenix representatives to USAPA’s Board of Pilot Representatives. Our resignations are effective immediately.
There are many reasons why we are resigning. The primary reason, however, is USAPA’s continued refusal to treat the East and West Pilots equally in the ongoing SLI process. Over time, the Phoenix members of the BPR have often tried to convince the East Pilot leadership of USAPA that USAPA should either (1) provide funds/financial support to both the East and West Pilots proportionately so that each group can independently represent themselves in the SLI process or, in the alternative, (2) cease all financial support to the East Pilots as long as USAPA is denying comparable financial support to the West Pilots. USAPA, through the East National Officers and/or the East BPR members, have refused to do either.
Beginning last December and continuing to the present, numerous demands have been made on USAPA to stop spending USAPA funds to support only the seniority objectives of both the East controlled USAPA Merger Committee and USAPA’s East Pilot leadership. USAPA, through the East Pilot leadership, has refused to do this. Recently, three West Pilots in good standing with USAPA made demands on 14 individual members of USAPA demanding that they cause USAPA to stop spending USAPA monies in furtherance of actions adverse to the interests of the West Pilots in the SLI process. In addition, the three West Pilots demanded that the 14 individuals cause USAPA to disburse the remaining funds in the USAPA treasury to its members in accordance with the procedure outlined in USAPA’s Constitution. We expect that USAPA’s East Pilot leadership will once again refuse to undertake these appropriate steps to comply with their fiduciary duties and the USAPA Constitution. Nevertheless, in our last act as BPR members, we urge you to take these steps.
After USAPA was certified as our exclusive bargaining representative in April, 2008 and before it was decertified on September 16, 2014, the West Pilots accepted the fact that USAPA was our exclusive bargaining representative and worked with USAPA by joining the BPR and other USAPA committees. Matters changed dramatically on September 16, 2014. Since then, APA has served as our exclusive bargaining representative with our new employer, American
Airlines, Inc., and in that role, APA last month designated a West Merger Committee to represent the West Pilots in the SLI process. As a result of USAPA’s decertification and APA’s designation of the West Merger Committee, there are no longer common legal goals requiring collective legal action on behalf of all the former U.S. Airways pilots as a group.
USAPA claims to be a private, unincorporated nonprofit association organized and existing under the laws of North Carolina. For an unincorporated nonprofit association to exist under North Carolina law, its "members" must be joined by mutual consent for a common, nonprofit purpose. N.C. Gen. Stat. § 59B-2. After USAPA was formed in 2007 and before it was certified as our exclusive bargaining representative in April, 2008, the joint common purpose embraced by the initial USAPA supporters was to unseat ALPA and block the implementation of the Nicolau Award. Prior to USAPA’s certification in April, 2008, the West Pilots did not support USAPA’s purpose and indeed no West Pilots were initial members of USAPA.
After decertification, USAPA immediately reverted to its pre-certification purpose of blocking the Nicolau Award from being presented as a seniority option to the SLI Arbitration Board. By now it should be absolutely clear to everyone, including the East Pilot leadership, that the West Pilots do not support USAPA’s current purpose of blocking the Nicolau Award from being utilized as the East/West seniority list to be merged with the APA seniority list. This means that the "joint mutual consent for a common nonprofit purpose" requirement for an unincorporated association to exist under North Carolina law is missing and has been ever since USAPA’s decertification last September.
USAPA’s current purpose as envisioned by the East Pilots was articulated in the Joint CLT, PHL, DCA USAPA Update dated December 27, 2014. In that Update, the eight East Pilot BPR representatives wrote: "We are your Charlotte, Philadelphia and Washington Board of Pilot Representatives. Because USAPA exists almost exclusively to represent the interests of our pilots during the seniority integration process. . . ." When made, this statement by the eight East Pilot BPR members did not accurately reflect the West Pilots’ objectives for the SLI process. By late December, 2014, the West Pilots had just finished participating in the preliminary arbitration in Washington, DC where they argued strongly and successfully that USAPA and the East Merger Committee did not and could not represent the West Pilots in the SLI process. The December 27 statement by the eight East BPR members just ignored the West Pilots’ desires.
The West Pilots’ insistence about representing themselves in the SLI process was unequivocally accepted and confirmed in the Preliminary Arbitration Award on January 9, 2015. No matter how much, how hard or how badly the East Pilot leadership wishes that the current situation with respect to the SLI process was different, the fact remains that it isn’t. The West Pilots will represent themselves in the SLI process. Currently, there is no need nor room in the SLI process for an association claiming to act for the collective interests of the entire group but in reality representing only a portion of the group and surely there is no room for an association in this process for a group that takes the funds contributed by all the pilots and spends them to support only a portion of the group. There is no common not-for-profit purpose that justifies USAPA’s continued existence under North Carolina law. Likewise, USAPA’s Constitutional requirement of a "collective legal action on behalf of the pilots’ group" that might justify delay in USAPA’s dissolution does not currently exist. We can no longer sit by and allow this charade to continue.
The three Phoenix BPR members can no longer continue to serve as representatives of a private, nonprofit association that fails to have "members joined by mutual consent for a common, nonprofit purpose." In addition, it necessarily follows then that we cannot continue to serve an organization dominated and controlled by former East Pilots who refuse to follow USAPA’s Constitution and dissolve the organization, as they should. Finally, we cannot in good conscience continue to serve as representatives of an organization whose East leadership wrongfully perpetuates USAPA’s existence mainly to delay refunding of its excess dues to the member pilots until the current SLI process has been completed, while at the same time spending USAPA monies to advantage the East Pilots and their seniority desires to the detriment of the West Pilots just because they can. All three of us therefore resign immediately from the USAPA’s Board of Pilot Representatives.
______________________________
John Scherff
_________________________________
Eric Ferguson
_________________________________
Dave Simmons
President Gary P. Hummel
[email protected]
USAPA
200 East Woodlawn Road
Charlotte, NC 28217
President Elect Steven H. Bradford
[email protected]
USAPA
200 East Woodlawn Road
Charlotte, NC 28217
Dear Captains Hummel and Bradford,
The three signatories to this letter hereby submit our resignations as the Phoenix representatives to USAPA’s Board of Pilot Representatives. Our resignations are effective immediately.
There are many reasons why we are resigning. The primary reason, however, is USAPA’s continued refusal to treat the East and West Pilots equally in the ongoing SLI process. Over time, the Phoenix members of the BPR have often tried to convince the East Pilot leadership of USAPA that USAPA should either (1) provide funds/financial support to both the East and West Pilots proportionately so that each group can independently represent themselves in the SLI process or, in the alternative, (2) cease all financial support to the East Pilots as long as USAPA is denying comparable financial support to the West Pilots. USAPA, through the East National Officers and/or the East BPR members, have refused to do either.
Beginning last December and continuing to the present, numerous demands have been made on USAPA to stop spending USAPA funds to support only the seniority objectives of both the East controlled USAPA Merger Committee and USAPA’s East Pilot leadership. USAPA, through the East Pilot leadership, has refused to do this. Recently, three West Pilots in good standing with USAPA made demands on 14 individual members of USAPA demanding that they cause USAPA to stop spending USAPA monies in furtherance of actions adverse to the interests of the West Pilots in the SLI process. In addition, the three West Pilots demanded that the 14 individuals cause USAPA to disburse the remaining funds in the USAPA treasury to its members in accordance with the procedure outlined in USAPA’s Constitution. We expect that USAPA’s East Pilot leadership will once again refuse to undertake these appropriate steps to comply with their fiduciary duties and the USAPA Constitution. Nevertheless, in our last act as BPR members, we urge you to take these steps.
After USAPA was certified as our exclusive bargaining representative in April, 2008 and before it was decertified on September 16, 2014, the West Pilots accepted the fact that USAPA was our exclusive bargaining representative and worked with USAPA by joining the BPR and other USAPA committees. Matters changed dramatically on September 16, 2014. Since then, APA has served as our exclusive bargaining representative with our new employer, American
Airlines, Inc., and in that role, APA last month designated a West Merger Committee to represent the West Pilots in the SLI process. As a result of USAPA’s decertification and APA’s designation of the West Merger Committee, there are no longer common legal goals requiring collective legal action on behalf of all the former U.S. Airways pilots as a group.
USAPA claims to be a private, unincorporated nonprofit association organized and existing under the laws of North Carolina. For an unincorporated nonprofit association to exist under North Carolina law, its "members" must be joined by mutual consent for a common, nonprofit purpose. N.C. Gen. Stat. § 59B-2. After USAPA was formed in 2007 and before it was certified as our exclusive bargaining representative in April, 2008, the joint common purpose embraced by the initial USAPA supporters was to unseat ALPA and block the implementation of the Nicolau Award. Prior to USAPA’s certification in April, 2008, the West Pilots did not support USAPA’s purpose and indeed no West Pilots were initial members of USAPA.
After decertification, USAPA immediately reverted to its pre-certification purpose of blocking the Nicolau Award from being presented as a seniority option to the SLI Arbitration Board. By now it should be absolutely clear to everyone, including the East Pilot leadership, that the West Pilots do not support USAPA’s current purpose of blocking the Nicolau Award from being utilized as the East/West seniority list to be merged with the APA seniority list. This means that the "joint mutual consent for a common nonprofit purpose" requirement for an unincorporated association to exist under North Carolina law is missing and has been ever since USAPA’s decertification last September.
USAPA’s current purpose as envisioned by the East Pilots was articulated in the Joint CLT, PHL, DCA USAPA Update dated December 27, 2014. In that Update, the eight East Pilot BPR representatives wrote: "We are your Charlotte, Philadelphia and Washington Board of Pilot Representatives. Because USAPA exists almost exclusively to represent the interests of our pilots during the seniority integration process. . . ." When made, this statement by the eight East Pilot BPR members did not accurately reflect the West Pilots’ objectives for the SLI process. By late December, 2014, the West Pilots had just finished participating in the preliminary arbitration in Washington, DC where they argued strongly and successfully that USAPA and the East Merger Committee did not and could not represent the West Pilots in the SLI process. The December 27 statement by the eight East BPR members just ignored the West Pilots’ desires.
The West Pilots’ insistence about representing themselves in the SLI process was unequivocally accepted and confirmed in the Preliminary Arbitration Award on January 9, 2015. No matter how much, how hard or how badly the East Pilot leadership wishes that the current situation with respect to the SLI process was different, the fact remains that it isn’t. The West Pilots will represent themselves in the SLI process. Currently, there is no need nor room in the SLI process for an association claiming to act for the collective interests of the entire group but in reality representing only a portion of the group and surely there is no room for an association in this process for a group that takes the funds contributed by all the pilots and spends them to support only a portion of the group. There is no common not-for-profit purpose that justifies USAPA’s continued existence under North Carolina law. Likewise, USAPA’s Constitutional requirement of a "collective legal action on behalf of the pilots’ group" that might justify delay in USAPA’s dissolution does not currently exist. We can no longer sit by and allow this charade to continue.
The three Phoenix BPR members can no longer continue to serve as representatives of a private, nonprofit association that fails to have "members joined by mutual consent for a common, nonprofit purpose." In addition, it necessarily follows then that we cannot continue to serve an organization dominated and controlled by former East Pilots who refuse to follow USAPA’s Constitution and dissolve the organization, as they should. Finally, we cannot in good conscience continue to serve as representatives of an organization whose East leadership wrongfully perpetuates USAPA’s existence mainly to delay refunding of its excess dues to the member pilots until the current SLI process has been completed, while at the same time spending USAPA monies to advantage the East Pilots and their seniority desires to the detriment of the West Pilots just because they can. All three of us therefore resign immediately from the USAPA’s Board of Pilot Representatives.
______________________________
John Scherff
_________________________________
Eric Ferguson
_________________________________
Dave Simmons
- Status
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