2015 Pilot Discussion.

[snapthis]

January 9, 2015
Brian O'Dwyer
[email protected]
O'DWYER & BERNSTIEN, LLP
52 Duane Street, 5th Floor
New York, NY 10007
Dear Brian,
Today the Preliminary Arbitration Board ruled that APA has the right and
discretion to appoint a West Merger Committee. Indeed, the Board went further and
directed APA to designate the West Merger Committee as a full participant in the
seniority integration process. We are sure that APA will comply with the Board's
Order.
The Board's decision raises at least two immediate issues for the West Pilots.
First, in the past, USAPA and the East Merger Committee have insinuated that they
will file a lawsuit if the Board's decision is adverse to them[SIZE=13pt]. [/SIZE]We sincerely hope that
no lawsuit is filed seeking to delay the SLI process, but if one is, then the West Pilots
emphatically insist that none of their dues monies currently being held by USAPA are
used to fund or support that litigation in any way. Please provide assurance that this
demand by the West Pilots will be honored.
Second, by special resolution at the BPR Meeting 91 on March 6, 20l3, the
BPR passed Resolution 13[SIZE=13pt]-[/SIZE]017 that established by a special assessment increased the
pilots' dues by .5 for the purpose of funding, in whole or in part, seniority integration
efforts. The Resolution assessed both East and West pilots and was opposed by BPR
members Scherff, Simmons and Ferguson. The West Pilots hereby make the following
demands on USAPA with respect to the special assessment fund or account created by
Resolution 13-017
Disclose and or confirm for the West Pilots immediately:

1. The total amount of money collected from all of the former U.S[SIZE=12.5pt]. [/SIZE]Airways
   Pilots from March, 20 13 (or whenever the special assessment was actually
   implemented) through September 16, 20141 when USAPA was decertified
   as a result of Resolution 13[SIZE=12.5pt]-[/SIZE]017 to the special assessment[SIZE=12.5pt]. [/SIZE]
2. The amount remaining in the Resolution 13-017 special assessment account
   or fund as of today, January 9, 2015.
3. The ratio between the total amount paid into the Resolution 13-017 special
   assessment account or fund by the West Pilots separately and by the East
   Pilots separately. Given the many past statements about how meticulous
   USAPA has maintained USAPA's financial records, we expect that
   providing this information to the West Pilots will not be a problem.
   However, if for any reason this information requested cannot be provided
   quickly, please let me know immediately[SIZE=12.5pt]. [/SIZE]
4. That no West Pilot dues monies in the Resolution 13-017 special assessment
   account or fund be used to support or fund the East Merger Committee,
   USAPA, or any other organization, individual, or entity on the issue of
   seniority on behalf of the East Pilots.
5. That USAPA will immediately arrange to turn over all of the West Pilot dues
   monies still in the Resolution 13[SIZE=12.5pt]-[/SIZE]017 special assessment account or fund to
   the control of the West Pilots Merger Committee.?

If USAPA decides that it will not or cannot turn over the special assessment
funds immediately, please let me know[SIZE=12.5pt]. [/SIZE]The West Pilots intend that the monies turned
over to them from the Resolution 13-017 special assessment account or fund will be
used by the West Merger Committee to support the West Pilots' seniority efforts in the
SLI process[SIZE=12.5pt]. [/SIZE]
Later we will need to reconcile the overall allocation of funds from the
Resolution 13-017 special assessment account or fund since it is our position that using
any of the West Pilot dues from the Resolution 13-017 special assessment account or
fund to prevent them from pursuing their own seniority issues was wrong. That is why
Resolution 13-017 was opposed by the three West BPR representatives. Pending a full
reconciliation of the entire special assessment account or fund cannot delay the
immediate distribution to the West Pilots their share of the monies still in the special
assessment account or fund. The West Pilots are entitled to their share of their dues
still in the special assessment account or fund so that they can fully and fairly
participate in the SLI as ordered by the Board.
 
[SIZE=12.5pt] [/SIZE]The West Pilots sincerely hope that USAPA will take to heart what the Board
has decided and stop interfering with the West Pilots' ability to participate in the
process that affects their seniority interests.
 
[SIZE=12.5pt] Very truly yours,[/SIZE]
 
[SIZE=12.5pt]          Marty[/SIZE]
 

 

 
 

 

 

 

[EastUS1]

 
The Board's decision raises at least two immediate issues for the West Pilots.
First, in the past, USAPA and the East Merger Committee have insinuated that they
will file a lawsuit if the Board's decision is adverse to them[SIZE=13pt].[/SIZE]
 
.....We sincerely hope that.....

 


 

 
From a purely pragmatic perspective; why wouldn't/shouldn't any group with adversarial interests to yours do exactly that? I'm honestly curious. What actually rational reasons might you have to offer for not filing further litigation against your side? "We sincerely hope" isn't a rational basis for any business decision.

 

[CactusPilot1]

Marty asked USAPA to keep the money flowing.  I think he has a few kids and grandkids that need to get through college and grad school, yet.

How is your dues collecting going these days? After Marty gets done with Ustupid, O'Dwyer and Bernstein might have to dip out of a well that hasn't run dry.

 

[snapthis]

 
From a purely pragmatic perspective; why wouldn't/shouldn't any group with adversarial interests to yours do exactly that? I'm honestly curious. What actually rational reasons might you have to offer for not filing further litigation against your side?

 
There is nothing stopping you from suing with funds which you raise and are not being disputed. USAPA's a LLC, no longer collecting dues, therefore it's one thing to file, it's another thing to fund. You also have to worry about the fact you will now be going up against the APA.
 

 

[EastUS1]

 
I know the four guys AOL is going to sue.

 
"I know"...? Whoever they may be...I'm sure they must rank you among their very dearest of trusted friends.

 

[EastUS1]

 
There is nothing stopping you from suing with funds which you raise and are not being disputed. USAPA's a LLC, no longer collecting dues, therefore it's one thing to file, it's another thing to fund. You also have to worry about the fact you will now be going up against the APA.
 

 
A most amusing presentation of typically convoluted west "logic." What's to stop anyone from suing with funds that you currently choose to dispute the legitimacy of, but have nothing in the way of court orders to prevent the use of?
 
"You also have to worry about the fact you will now be going up against the APA."  Why should that be of any more concern to anyone today than it was yesterday? I sense yet more of the usual west predilections towards fantasizing some "father figure" providing "holy" salvation for your noble cause, yet again. What would, or even possibly could allow you to imagine that the APA's just chomping at the bit, overcome with some frenzied-race-horse desire to welcome the west, or east, or anyone into their list even a moment sooner than they eventually must? How would selectively supporting your side at all benefit them in even the tiniest of ways? If, with any action you take or even imagine, you fail to consider that last, well....then it's far past time to take at least a small step outside of "sparta"/Fantasyland and at least look around a bit...heck, maybe even smell the roses for a second.
 
Sound strategic decisions are never made on the basis of ".....We sincerely hope that....."

 

[Res Judicata]

 
Yes indeed, and the exact calibre and quality of that principled and righteous pride shines through for all to see.
 
Res Judicata Posted Today 2:28 PM:  "Uh-Huh. FK you and Fk your AA "captain buddy" too."
 
Management must be laughing themselves to sleep every single night....

FK you too Dale, you verbose, pathetic, lonely drunk loser. You're a fking joke "Ace".

 

[EastUS1]

Res Judicata Posted Today 2:28 PM:  "Uh-Huh. FK you and Fk your AA "captain buddy" too."

FK you too ......

 
Sigh!...And here I'd have thought you would be happily exulting over the idea of having your own representation, but it seems some are forever destined to "live" in a condition of constant anger and self-inflicted misery. 
 
"You're a fking joke "Ace". Well, I've certainly had occassion to think so in the course of life, and I'm hardly any "heroic spartan", but one need only look to the platypus to realize that even Allmighty God has a sense of humor.

 

[end_of_alpa]

 

January 9, 2015
Brian O'Dwyer
[email protected]
O'DWYER & BERNSTIEN, LLP
52 Duane Street, 5th Floor
New York, NY 10007
Dear Brian,
Today the Preliminary Arbitration Board ruled that APA has the right and
discretion to appoint a West Merger Committee. Indeed, the Board went further and
directed APA to designate the West Merger Committee as a full participant in the
seniority integration process. We are sure that APA will comply with the Board's
Order.
The Board's decision raises at least two immediate issues for the West Pilots.
First, in the past, USAPA and the East Merger Committee have insinuated that they
will file a lawsuit if the Board's decision is adverse to them[SIZE=13pt]. [/SIZE]We sincerely hope that
no lawsuit is filed seeking to delay the SLI process, but if one is, then the West Pilots
emphatically insist that none of their dues monies currently being held by USAPA are
used to fund or support that litigation in any way. Please provide assurance that this
demand by the West Pilots will be honored.
Second, by special resolution at the BPR Meeting 91 on March 6, 20l3, the
BPR passed Resolution 13[SIZE=13pt]-[/SIZE]017 that established by a special assessment increased the
pilots' dues by .5 for the purpose of funding, in whole or in part, seniority integration
efforts. The Resolution assessed both East and West pilots and was opposed by BPR
members Scherff, Simmons and Ferguson. The West Pilots hereby make the following
demands on USAPA with respect to the special assessment fund or account created by
Resolution 13-017
Disclose and or confirm for the West Pilots immediately:

1. The total amount of money collected from all of the former U.S[SIZE=12.5pt]. [/SIZE]Airways
   Pilots from March, 20 13 (or whenever the special assessment was actually
   implemented) through September 16, 20141 when USAPA was decertified
   as a result of Resolution 13[SIZE=12.5pt]-[/SIZE]017 to the special assessment[SIZE=12.5pt]. [/SIZE]
2. The amount remaining in the Resolution 13-017 special assessment account
   or fund as of today, January 9, 2015.
3. The ratio between the total amount paid into the Resolution 13-017 special
   assessment account or fund by the West Pilots separately and by the East
   Pilots separately. Given the many past statements about how meticulous
   USAPA has maintained USAPA's financial records, we expect that
   providing this information to the West Pilots will not be a problem.
   However, if for any reason this information requested cannot be provided
   quickly, please let me know immediately[SIZE=12.5pt]. [/SIZE]
4. That no West Pilot dues monies in the Resolution 13-017 special assessment
   account or fund be used to support or fund the East Merger Committee,
   USAPA, or any other organization, individual, or entity on the issue of
   seniority on behalf of the East Pilots.
5. That USAPA will immediately arrange to turn over all of the West Pilot dues
   monies still in the Resolution 13[SIZE=12.5pt]-[/SIZE]017 special assessment account or fund to
   the control of the West Pilots Merger Committee.?

If USAPA decides that it will not or cannot turn over the special assessment
funds immediately, please let me know[SIZE=12.5pt]. [/SIZE]The West Pilots intend that the monies turned
over to them from the Resolution 13-017 special assessment account or fund will be
used by the West Merger Committee to support the West Pilots' seniority efforts in the
SLI process[SIZE=12.5pt]. [/SIZE]
Later we will need to reconcile the overall allocation of funds from the
Resolution 13-017 special assessment account or fund since it is our position that using
any of the West Pilot dues from the Resolution 13-017 special assessment account or
fund to prevent them from pursuing their own seniority issues was wrong. That is why
Resolution 13-017 was opposed by the three West BPR representatives. Pending a full
reconciliation of the entire special assessment account or fund cannot delay the
immediate distribution to the West Pilots their share of the monies still in the special
assessment account or fund. The West Pilots are entitled to their share of their dues
still in the special assessment account or fund so that they can fully and fairly
participate in the SLI as ordered by the Board.
 
[SIZE=12.5pt] [/SIZE]The West Pilots sincerely hope that USAPA will take to heart what the Board
has decided and stop interfering with the West Pilots' ability to participate in the
process that affects their seniority interests.
 
[SIZE=12.5pt] Very truly yours,[/SIZE]
 
[SIZE=12.5pt]          Marty[/SIZE]
 

 

 
 

 

 


 

Good Luck.

 

[EastUS1]

Good Luck.

 
No need for luck, since it's clear that the "spartans" have the APA and the east right where they want us all. There's no conceivable reason the APA people wouldn't want this all quckly concluded, as well as the east contingent...Right? Both of those groups must necessarily long for the immediate inclusion of the west contingent into one big happy family of a seniority list. One might otherwise wrongly imagine that the only ones hopelessly stagnated and completely left out in the cold would be those meanwhile confined to PHX, and who wouldn't want to have the west taking bids from their own group's people anyway?....But I must be wrong there, and that analysis just can't even possibly be true, as proven by the latest west "threats":
 
"We sincerely hope that no lawsuit is filed seeking to delay the SLI process"...."The West Pilots sincerely hope that USAPA will take to heart..."

 

[nycbusdriver]

 
Wow, lose one little battle and you blow a gasket! 

 
Actually and for a variety of reasons, I really didn't care one way or the other if the westicles got their own MC for the SLI negotiations.
 
It's not a huge loss for USAPA, nor a huge win for the westicles.  The arbitration board, in no uncertain terms, killed the Nicolau list for good.  Each group will bring their own, and ONLY their own, seniority list to the table.  Everyone is a winner at this stage, IMHO, but it's hard to argue that the westicles hold the weakest hand by far.  After the SLI is complete, we can re-examine the situation.
 
I have never, ever thought (nor stated) that straight DOH, or even LOS, is a viable option in the SLI with AA pilots.
 
I blow a gasket over the fact that someone like you exists at all within this employee group.  I'm sure, wherever he is, your father is so totally ashamed.  

 

[nycbusdriver]

I see your your point, they want to protect their PHX base and their narrow body flying.

 
Well, that's all they ever said they wanted.  They were never interested in PHL and CLT flying.  They simply did not want all of us "senior" 767 and 330 pilots bidding PHX to fly their old 757 crap, since we were all chomping at the bit to do that.

 

[nevergiveup]

You're truly an amoral, spiteful, scab piece of Schitt JJ. AOL outlived your failed scab experiment. You lose. Accept it. USAPA is now officially holding stolen funds. We've always known you champion a criminal organization, now it's just that much more obvious.

USAPA thanks you for your support!

 

[Phoenix]

The American guys understand now... The new culture is here and Parkirby is worse than Horton. Oh the good old days when we had Horton or Wolf... Back when mgt showed us respect..

 

[Piedmont1984]

I think the USAPA merger committee would have been constrained in what it could present in SLI arbitration by its obligation to incorporate the legitimate interests of the west pilots. I also think the committee would have taken that obligation seriously.

Although USAPA no longer had a DFR responsibility, there was an implied DFR standard to present a F&E proposal which addressed the admonishment of the courts to do no harm to the west and to provide a legitimate union purpose if deviating from the Nic. Those constraints are now gone.

The USAPA merger committee should reevaluate their strategy in light of the preliminary arbitration decision and see it as an opportunity to fully and aggressively represent the interests of the east pilots and only the east pilots.

Whether a CAL/UAL model is used, or one which emphasizes LOS, the LAA and LUS east have more in common than not.