AAA73Pilot
Veteran
- Jul 18, 2007
- 1,513
- 0
US Airways Services Corp, Inc merged into US Airways, Inc on July 1, 2004
That was the day that MidAtlantic legally became US Airways, Inc but what was it prior to July 1, 2004? I’ve got news for you; It was nothing more than a concept because Potomac Air ceased operating in October of 2001. MidAtlantic did not exist prior to July 1, 2004 – it was a concept only without an operation certificate. The un-ratified TA that Donn is so proud of was between USAirways and ALPA over an entity that did not exist. To be clear; MidAtlantic was never anything other than US Airways. It was a concept only prior to 7-1-04 and it became US Airways Inc on 7-1-04.
That was the day that ALPA knew, for sure, that US Airways had furloughed pilots working at US Airways, Inc without the benefit of RECALL as per the CBA. They did nothing to correct this injustice and did everything to cover it up until they got hit with the lawsuit in October of 2005
FACT: MidAtlantic was never a division of US Airways, Inc. It was a subsidiary of US Airways Group, Inc known as US Airways Services Corp, Inc - On July 1, 2004 it merged with US Airways, Inc. but changed nothing about the way it operated.
FACT: ALPA allowed furloughed pilots to fly US Airways, Inc airplanes without the benefit of recall
FACT: ALPA allowed US Airways to continue flying the E170 airplane with the words EXPRESS on the tail which created the illusion that MidAtlantic was not US Airways when, in fact, they were one and the same.
FACT: ALPA allowed US Airways to operate the E170 aircraft under the pretense that it was a Potomac Air operation when, in fact, Potomac Air, Inc ceased operation in October of 2001. MidAtlantic Airways merged into US Airways, Inc on July 1, 2004 because they failed to revive the Potomac Air operating certificate. THEREFORE, MidAtlantic HAS ALWAYS BEEN USAIRWAYS, INC. It was never anything else.
FACT: ALPA failed to disclose the proper status of MidAtlantic to Nicholau. Both AWA and AAA are guilty. A flawed seniority list was used at arbitration over seniority. How did Nicholau get hold of it? AWA introduced it and AAA failed to disallow it to become an exhibit. Both sides have made serious errors resulting in significant harm. This seniority list was unofficial and flawed. And yet Nicholau used it in his decision. Regardless of which side you blame, ALPA is the common denominator when it comes to harming the US Airways pilots who flew the E170.
In Kim Snider’s email he admits that he and Bill Pollock were part of the MEC when significant modifications were made to the working conditions, pay and benefits of some US Airways pilots. This was done without membership ratification. What he has omitted is that a negotiating committee member (Jack Greehall) instructed Bill Pollock (in Feb 2004) that membership ratification was required. Bill Pollock responded by saying, “I guess I’ll have to answer for this in court some day.†(I don’t think he knew how right he was) Additionally, while doing this he was telling everyone that MidAtlantic was separate from US Airways, had its own payroll, contract and benefits. I’m sure you all remember his ranting in 2004-05?
Then we proved that MidAtlantic was, in fact, US Airways with the same EIN number, the same payroll, and the same benefits provider as everyone else at US Airways. Next we proved that they attempted to hide these facts by using third party benefits administrators and a payroll service to create the illusion of a separate airline.
What Kim Snider does not express is that US Airways, Inc includes Mainline, MidAtlantic, and the Shuttle. These all operate under the same certificate as of July 1, 2004 and on the same seniority list. There is only one airline under US Airways, Inc. There are no subsidiaries and no divisions under US Airways, Inc. The corporation paperwork and SEC filings make it quite clear. But some on the MEC (or its advisors) continue to try to muddy the water by suggesting the MDA transition agreement created a separate airline. The 2002 TA was a concept only. There was no MidAtlantic and there were no airplanes. A lot happen between 2002 and 2004. The biggest change was that the MidAtlantic concept became a US Airways Inc airline on July 1, 2004. That means that the pilots were US Airways Inc pilots on the same seniority list as every other US Airways pilot. What happen next is an ALPA disaster of biblical proportion of which they are being sued in Federal Court. You all already know about that $1.2 Billion lawsuit
Kim Snider wrote, “I believe the Negotiating Committee at the time would not have been able to place the EMB under the same terms of the contract as other aircraft and demanding to do so would have resulted in no EMB-170 jobs for our pilots.â€
What a crock! US Airways, Inc had made the decision to abandon the Potomac Air operating certificate and fly the E-170 under the US Airways Inc operating certificate. ALPAs responsibility and duty was to assure that the recall of furloughed pilots, in the proper order, was accomplished to fill the vacancies that were created by adding the E-170 to the US Airways operating certificate. This is the default position as described in our CBA. There is nothing to negotiate here, Kim. US Airways added a fleet type to USAirways Inc. By our existing CBA everything other than the pay rate automatically falls under the existing contract. The pay rate is negotiated separately only because it is a new fleet type. And you did such a great job negotiating that pay rate, uh?
ALPA had no problem collecting ALPA dues from these pilots who were listed on the ALPA National web site as ‘Active US Airways Pilots’. In fact, you started collecting their dues from the very first day they showed up in abbreviated INDOC. Did I say abbreviated? Yes, I did. Why was it abbreviated, Mr. Kim Snider? Why did the FAA allow abbreviated INDOC? Why did the FAA shut down the E170 training and send everyone home? Could it have been that MidAtlantic was, in reality, US Airways – one and the same - identical? DID YOU DO YOUR PART TO MAKE SURE NICHOLAU UNDERSTOOD THAT?
You can lie to the pilots but you can’t fool the FAA. What really happen is that ALPA ignored the fact that the E170 was now flying under the US Airways operating certificate. Almost every one of you pretended that MidAtlantic was separate – like it was suppose to be when it was just a concept. But you knew it fell apart and that the E170 was never going to operate under Potomac Air. You knew it was always going to operate under the US Airways operating certificate under US Airways, Inc. You knew it was US Airways. There is no doubt in my mind that you knew this long before the FAA told you and shut down the training and conform to the USAirways, Inc FOM.
But you had a problem. A very real problem that you and the MEC could not handle – isn’t that correct, Kim? You and the MEC allowed the E170 to be flown by pilots from the APL who came to the E170 out of seniority because ALPA failed to take action on the requirement for an official recall which was a negotiated right and a part of the CBA. So, instead of dealing with it appropriately, you tried real hard to sweep it under the carpet. And your statement below shows you are continuing to do this very same thing.
But now Nicholau presented an interesting twist. All of a sudden the entire US Airways pilot group is hammered (except the top 500) and you suddenly need to prove that the award is legally flawed. Of course it is flawed because it is based on flawed documentation presented by AWA and allowed by AAA. So now you are in court defending the fact that the E170 pilots are, and always have been, US Airways pilots and that Nicholau really screwed up. Three weeks ago Donn Buckovic shook my hand in the DCA AFL-CIO building and told me that I was right and that they are in court trying to correct the injustice to MDA and to show that MDA is and always was US Airways. This was not news to us. But it was good to hear him admit it in front of Arnie Gentile and myself.
But here you are again trying to make some issue of US Airways, Inc vs. US Airways Group, Inc. vs. US Airways. You made a point of saying the MDA pilots where active pilots on the US Airways, Inc seniority list as though that is somehow different from all other US Airways pilots. I don’t know who has provided you with this faulty information, Kim, but you really need to do your homework and start understanding why you are being sued for major dollars.
Jim Portale
Comments: So ALPA shoots itself in the foot again. The framework and guidelines of a failed organization that will sacrifice anyone to meet its own ends. When will ALPA begin to represent ALL pilots? My response is never.
That was the day that MidAtlantic legally became US Airways, Inc but what was it prior to July 1, 2004? I’ve got news for you; It was nothing more than a concept because Potomac Air ceased operating in October of 2001. MidAtlantic did not exist prior to July 1, 2004 – it was a concept only without an operation certificate. The un-ratified TA that Donn is so proud of was between USAirways and ALPA over an entity that did not exist. To be clear; MidAtlantic was never anything other than US Airways. It was a concept only prior to 7-1-04 and it became US Airways Inc on 7-1-04.
That was the day that ALPA knew, for sure, that US Airways had furloughed pilots working at US Airways, Inc without the benefit of RECALL as per the CBA. They did nothing to correct this injustice and did everything to cover it up until they got hit with the lawsuit in October of 2005
FACT: MidAtlantic was never a division of US Airways, Inc. It was a subsidiary of US Airways Group, Inc known as US Airways Services Corp, Inc - On July 1, 2004 it merged with US Airways, Inc. but changed nothing about the way it operated.
FACT: ALPA allowed furloughed pilots to fly US Airways, Inc airplanes without the benefit of recall
FACT: ALPA allowed US Airways to continue flying the E170 airplane with the words EXPRESS on the tail which created the illusion that MidAtlantic was not US Airways when, in fact, they were one and the same.
FACT: ALPA allowed US Airways to operate the E170 aircraft under the pretense that it was a Potomac Air operation when, in fact, Potomac Air, Inc ceased operation in October of 2001. MidAtlantic Airways merged into US Airways, Inc on July 1, 2004 because they failed to revive the Potomac Air operating certificate. THEREFORE, MidAtlantic HAS ALWAYS BEEN USAIRWAYS, INC. It was never anything else.
FACT: ALPA failed to disclose the proper status of MidAtlantic to Nicholau. Both AWA and AAA are guilty. A flawed seniority list was used at arbitration over seniority. How did Nicholau get hold of it? AWA introduced it and AAA failed to disallow it to become an exhibit. Both sides have made serious errors resulting in significant harm. This seniority list was unofficial and flawed. And yet Nicholau used it in his decision. Regardless of which side you blame, ALPA is the common denominator when it comes to harming the US Airways pilots who flew the E170.
In Kim Snider’s email he admits that he and Bill Pollock were part of the MEC when significant modifications were made to the working conditions, pay and benefits of some US Airways pilots. This was done without membership ratification. What he has omitted is that a negotiating committee member (Jack Greehall) instructed Bill Pollock (in Feb 2004) that membership ratification was required. Bill Pollock responded by saying, “I guess I’ll have to answer for this in court some day.†(I don’t think he knew how right he was) Additionally, while doing this he was telling everyone that MidAtlantic was separate from US Airways, had its own payroll, contract and benefits. I’m sure you all remember his ranting in 2004-05?
Then we proved that MidAtlantic was, in fact, US Airways with the same EIN number, the same payroll, and the same benefits provider as everyone else at US Airways. Next we proved that they attempted to hide these facts by using third party benefits administrators and a payroll service to create the illusion of a separate airline.
What Kim Snider does not express is that US Airways, Inc includes Mainline, MidAtlantic, and the Shuttle. These all operate under the same certificate as of July 1, 2004 and on the same seniority list. There is only one airline under US Airways, Inc. There are no subsidiaries and no divisions under US Airways, Inc. The corporation paperwork and SEC filings make it quite clear. But some on the MEC (or its advisors) continue to try to muddy the water by suggesting the MDA transition agreement created a separate airline. The 2002 TA was a concept only. There was no MidAtlantic and there were no airplanes. A lot happen between 2002 and 2004. The biggest change was that the MidAtlantic concept became a US Airways Inc airline on July 1, 2004. That means that the pilots were US Airways Inc pilots on the same seniority list as every other US Airways pilot. What happen next is an ALPA disaster of biblical proportion of which they are being sued in Federal Court. You all already know about that $1.2 Billion lawsuit
Kim Snider wrote, “I believe the Negotiating Committee at the time would not have been able to place the EMB under the same terms of the contract as other aircraft and demanding to do so would have resulted in no EMB-170 jobs for our pilots.â€
What a crock! US Airways, Inc had made the decision to abandon the Potomac Air operating certificate and fly the E-170 under the US Airways Inc operating certificate. ALPAs responsibility and duty was to assure that the recall of furloughed pilots, in the proper order, was accomplished to fill the vacancies that were created by adding the E-170 to the US Airways operating certificate. This is the default position as described in our CBA. There is nothing to negotiate here, Kim. US Airways added a fleet type to USAirways Inc. By our existing CBA everything other than the pay rate automatically falls under the existing contract. The pay rate is negotiated separately only because it is a new fleet type. And you did such a great job negotiating that pay rate, uh?
ALPA had no problem collecting ALPA dues from these pilots who were listed on the ALPA National web site as ‘Active US Airways Pilots’. In fact, you started collecting their dues from the very first day they showed up in abbreviated INDOC. Did I say abbreviated? Yes, I did. Why was it abbreviated, Mr. Kim Snider? Why did the FAA allow abbreviated INDOC? Why did the FAA shut down the E170 training and send everyone home? Could it have been that MidAtlantic was, in reality, US Airways – one and the same - identical? DID YOU DO YOUR PART TO MAKE SURE NICHOLAU UNDERSTOOD THAT?
You can lie to the pilots but you can’t fool the FAA. What really happen is that ALPA ignored the fact that the E170 was now flying under the US Airways operating certificate. Almost every one of you pretended that MidAtlantic was separate – like it was suppose to be when it was just a concept. But you knew it fell apart and that the E170 was never going to operate under Potomac Air. You knew it was always going to operate under the US Airways operating certificate under US Airways, Inc. You knew it was US Airways. There is no doubt in my mind that you knew this long before the FAA told you and shut down the training and conform to the USAirways, Inc FOM.
But you had a problem. A very real problem that you and the MEC could not handle – isn’t that correct, Kim? You and the MEC allowed the E170 to be flown by pilots from the APL who came to the E170 out of seniority because ALPA failed to take action on the requirement for an official recall which was a negotiated right and a part of the CBA. So, instead of dealing with it appropriately, you tried real hard to sweep it under the carpet. And your statement below shows you are continuing to do this very same thing.
But now Nicholau presented an interesting twist. All of a sudden the entire US Airways pilot group is hammered (except the top 500) and you suddenly need to prove that the award is legally flawed. Of course it is flawed because it is based on flawed documentation presented by AWA and allowed by AAA. So now you are in court defending the fact that the E170 pilots are, and always have been, US Airways pilots and that Nicholau really screwed up. Three weeks ago Donn Buckovic shook my hand in the DCA AFL-CIO building and told me that I was right and that they are in court trying to correct the injustice to MDA and to show that MDA is and always was US Airways. This was not news to us. But it was good to hear him admit it in front of Arnie Gentile and myself.
But here you are again trying to make some issue of US Airways, Inc vs. US Airways Group, Inc. vs. US Airways. You made a point of saying the MDA pilots where active pilots on the US Airways, Inc seniority list as though that is somehow different from all other US Airways pilots. I don’t know who has provided you with this faulty information, Kim, but you really need to do your homework and start understanding why you are being sued for major dollars.
Jim Portale
Comments: So ALPA shoots itself in the foot again. The framework and guidelines of a failed organization that will sacrifice anyone to meet its own ends. When will ALPA begin to represent ALL pilots? My response is never.