AAA ALPA Topic 8/31/07 - 9/06/07

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An AWA MEC DFR Lawsuit against USAPA? Would it have merit?

I did some research and I wanted to set the record straight regarding the DFR lawsuit threat by the West pilots. USAPA's law firm is well aware of the issue and prepared for any DFR lawsuit brought from the West pilots regarding USAPA. One must realize however that the DFR basis is quite limited and very narrow, as is challenging an arbitrators award. I a way the legal height that a challenger must overcome to prevail in a DFR lawsuit is almost as high as the requirement to prevail in overturning an arbitrators award.

A brief on the nature limits and scope of DFR lawsuits is as follows:

The duty of fair representation is the obligation, incumbent upon U.S. labor unions (click here) that are the exclusive bargaining representative of workers in a particular group, to represent all those employees fairly, in good faith, and without discrimination. Originally recognized by the United States Supreme Court in a series of cases in the mid-1940s involving racial discrimination by railway workers' unions covered by the Railway Labor Act, the duty of fair representation also applies to workers covered by the National Labor Relations Act and, depending on the terms of the statute, to public sector workers covered by state and local laws regulating labor relations.

The duty applies to virtually every action that a union might take in dealing with an employer as the representative of employees, from its negotiation of the terms of a collective bargaining agreement, to its handling of grievances arising under that agreement, as well as its operation of an exclusive hiring hall and its enforcement of the union security provisions of a collective bargaining agreement. The duty does not ordinarily apply, on the other hand, to rights that a worker can enforce independently; put another way, the union has no duty to assist the employees it represents in filing claims under a workers' compensation statute or other laws.

The duty likewise does not apply for the most part to unions' internal affairs, such as their right to discipline employees for violation of the union's own rules or union officers' handling of union funds, which are regulated instead by the Labor Management Reporting and Disclosure Act. The courts have, on the other hand, applied the same principles that govern the duty of fair representation to union members' suits to enforce union constitutions.

The courts have, on the whole, taken a deferential approach to reviewing unions' decisions challenged as a breach of their duty of fair representation. Recognizing that the collective bargaining process typically requires compromises, which may favor some workers at the expense of others, the courts have held that a union only breaches its duty if it acts arbitrarily, in bad faith or discriminatorily. Practical considerations have also led the courts to refuse to second-guess unions' decisions: if a court or jury could substitute its judgment as to whether a particular grievance had merit, then unions could not function, since their decisions would rarely be final in any practical sense. Accordingly, the courts have refused to overturn union decisions as arbitrary so long as they were based on a reasoned decision by the union, even if the court might believe that this decision was wrong. {Please note here DOH, is not considered arbitrary}

In recent years the courts and the National Labor Relations Board have applied the duty of fair representation to regulate the manner in which unions enforce the union security provisions of a collective bargaining agreement. Unlike the standard applied to unions' decisions concerning grievance handling and collective bargaining negotiations, the courts and the Board have regulated this area very extensively, specifying the types of expenses that a union can include in the fees that it charges employees who choose not to join the union but are required to pay dues under an agency shop or union shop clause, the accounting procedures used to calculate those amounts, the procedures which the union and employees must follow in the event that an individual worker objects to paying the full amount of dues charged to members or challenges the union's calculation of the lesser amount that non-members can be required to pay and the procedures that the union must follow before it can force the employer to fire an employee for non-payment of dues. Even stricter standards are applied to unions covered by the Railway Labor Act and to unions of governmental employees, but on constitutional, rather than fair representation, grounds.

The NLRB applies a similarly strict standard in reviewing unions' enforcement of exclusive hiring halls, i.e., those in which the employer is bound, by contract, to hire only employees referred to it by the union. The NLRB requires unions to establish clear procedures and to follow those procedures in order to minimize the likelihood that the union would use a hiring hall procedure to exclude non-members or those in disfavor with the union from the workplace. On the other hand, the NLRB applies the more deferential standard applied to union decisions generally in the case of non-exclusive hiring halls, i.e., those in which the union has the power to refer applicants for employment but the employer may also hire employees "off the street"; in those cases the union is barred from acting arbitrarily, in bad faith or discriminatorily.

The NLRB recognizes a breach of the duty of fair representation as a violation of the National Labor Relations Act. Because the duty of fair representation was originally created by judicial interpretation, however, rather than as an express statutory prohibition, employees covered by the National Labor Relations Act may sue their unions directly, without being required to first exhaust any administrative procedures provided under the National Labor Relations Board. The same is true for workers covered by the Railway Labor Act, which does not provide any administrative procedure for pursuing claims against a union. Employees' claims under either Act are governed by a six-month statute of limitations.

The NLRB and the courts provide different remedies against unions that breached their duty of fair representation. Because the Board usually does not have the jurisdiction to enforce the collective bargaining agreement or to issue a remedial order against an employer that has violated it, the NLRB often cannot award complete relief to employees. A court, on the other hand, may order an employer to reinstate or pay back pay to an employee if it finds that the employer violated the collective bargaining agreement and may, in some instances, order the union to pay attorneys' fees to a successful plaintiff. These distinctions do not apply to workers covered by the Railway Labor Act since, as noted above, they have no administrative procedures to enforce their rights.

A union may, in some limited circumstances, require employees to exhaust any internal appeals procedures provided under the union's constitution before filing suit. Unions and employers may also generally require employees to exhaust their rights under the grievance arbitration procedures provided for under the collective bargaining agreement before suing the employer for breach of contract. Employees usually do not, on the other hand, have to exhaust such procedures if they are suing only the union, since very few collective bargaining agreements even allow for the filing of a grievance against the union by covered employees. To the extent that an employee might have a breach of contract claim against a union arising out of its performance of its duty to represent that employee, the courts will apply the same deferential standards and procedural requirements that they would employ if the worker sued the union on a breach of the duty of fair representation theory.

Finally, Lee Seham, and many other law firms, say that a DOH integration is the gold standard in labor law. The IAM is DOH, AFA is DOH and many other craft and class trade unions in and out of NMB are based on DOH merger standards. It is very much the standard in the NLRB for many types of unions. Because of this, a group calming DFR charges against a union that uses DOH as the basis of it's merger policy faces an uphill battle.

Regards,

USA320Pilot
 
Junebug,

Since you and your colleagues are flat out lying about me on your message board and you appear to want to do a little mud slinging, I understand at one time there was a pilot who served on the AWA MEC Secretary/Treasurer and then he was elected a First Officer Representative. But, he resigned as the First Officer Representative three months after taking office “family reasons.â€￾ Well I have been told by a MEC pilot that he really quit because ALPA did an audit of the AWA MEC finances and they found out that he had been paying unauthorized expenses, including 41 cents per mile for MEC Officers, MEC Representatives, and selected committee members to and from the MEC office.

Junebug, with all due respect, is that true? If true, it appears he was not not only are you a liar, but a thief too.



Regards,

USA320Pilot

USA320Pilot,

I think you have been talking to Herbert a little too much. It's true that we've had some "interesting" pilots fill various positions in our MEC and your friend Herb is one who has seen the MEC chair and then was ousted by the very pilots he claimed to represent. So you see, we all have our little skeletons. Question is, do you believe Herb, who has spent every waking hour trying to discredit our volunteers (see "U-Turn." I know you read it...), or someone who might provide a little clearer picture.

Wow! Who can you trust in this world anymore...?

Tiger
 
After reading your missive I elected to do some research and what I now know is that you not only misrepresented information, you flat out lied on this board! Moreover, like Jack Stephan publicly indicated your MEC misrepresents information and I now believe members of your MEC lie just to discredit. What’s wrong? Are you scared of the US Airways MEC and USAPA effort?

Uhhh, I quoted Garland's blast. It pretty much spoke for itself. Are you stating that Garland is a liar? Or better yet, what about your email that I posted. Did I change anything?

And you wonder why the East MEC and the East pilots are fighting this award. I am going to post every misleading email you send because every email you send strengthens our resolve!

Go ahead. But you're on the losing end. And by the desperate post you just put up, it is now quite obvious.

Since you and your colleagues are flat out lying about me on your message board and you appear to want to do a little mud slinging, I understand at one time there was a pilot who served on the AWA MEC Secretary/Treasurer and then he was elected a First Officer Representative. But, he resigned as the First Officer Representative three months after taking office “family reasons.â€

That's partially true. He resigned SIX months later because he and his wife were expecting.


Well I have been told by a MEC pilot

HH is not an MEC pilot. Neither is DB or LZ.


that he really quit because ALPA did an audit of the AWA MEC finances and they found out that he had been paying unauthorized expenses, including 41 cents per mile for MEC Officers, MEC Representatives, and selected committee members to and from the MEC office.

Funny thing about that BS. He has letters from ALPA National offering guidance and assisting in setting up those expenses, including mileage. In fact, he has emails from a National Officer, various other MEC's offering their guidance, and quite a bit of other material.

Junebug, with all due respect, is that true? If true, it appears he was not not only are you a liar, but a thief too.

You know what you can do to nip this in the bud. Why don't you express you concerns to National and, as a dues paying member, demand to see the audit. Heck, you can ask the VP of Finance - he's one of you, isn't he?

Meanwhile, your representation and information regarding the Wilson Poll is inaccurate.

Actually, no it isn't. Its right on the money.

And, I now believe your suggestion that the majority of the East pilot group is prepared to vote "yes" to accept the Nicolau award in exchange for a pay raise is nonsense. Is there a price where people can be bought? Absolutely, but Doug Parker is not going to pay it and you know it; therefore so what!

Actually, he is. But hey, time is going to tell us - and very soon.

There are PLENTY of Captains negatively affected by this award and the number is climbing every day. Furthermore, you need to understand that the most senior of the "Nicolau free" East pilots continue to retire each month. Therefore, the disparity of Award implementation continues to increase as East pilots move up the list due to east attrition. More and more affected pilots remain active with a vote.

Blah, blah. Are you using a template for that stuff? Its getting old.

Yes, some of the Wilson Poll information has been discussed but your interpretation is flat out wrong.

Once again, no it isn't. But I'm willing to let time tell. You seem rather flustered tonight. World crashing down around you?

As far as Russ Weber submitting a resolution to the company to have the EC immediately pass it on to the Company, I say go ahead. Furthermore, what else do you expect an AWA ALPA EVP to do? Sit by, watch the parade go by, and watch the AWA MEC lose the fight?

Actually, you can add to that the fact the EC is putting together their own resolution paralleling our EVP's resolution. Its going to call for an immediate presentation of the list to Parker.

However, if the EC ever did for ward the Award I guarantee that would give USAPA a stunning victory and the will represent both the US Airways and AWA pilots. John Prater clearly knows that and is the reason he cleared his schedule for 1.5 weeks to visit 6 US Airways crew bases. Moreover, today I was told by an EC member that the EC is very concerned that ALPA will be replaced by USAPA, and if so and it happens, are you ready for the “imposition�

I don't think they're as concerned as they used to be. With a majority of pilots willing to take the cash for the list, why would they need USAPA?

Meanwhile, the fight is just beginning. As you know Jack Stephan sent a letter to John Prater requesting a special meeting of the Executive Council to consider the matter of US Airways receiving a single operating certificate.

Ya, and he requested it be done as quickly as possible. I see Prater has jumped all over that.


According to Arnie Gentile, “We believe that this is a violation of the Transition Agreement which requires “separate operations†until the pilot integration has occurred. We initially asked that this dispute be filed in approximately May 2007. However, because the America West pilots did not support this dispute, it has not yet been filed.â€


We're not supporting that dispute because we're too busy being sued by the east.


Finally, our MEC and the majority of East pilots are very unified in our effort to fight the Nicolau Award and obtain pay parity. The wheels are not coming off of our MEC, but could that be happening to the AWA MEC and are you reaching out to me because you are desperate with new union “imposition†on the horizon?

The AWAMEC is just fine, thanks. If you have an email to the contrary, go ahead and post them. I put up yours and Garland's.

As far as canceling the Tempe picketing event, there were good reasons to do so, such as 2-3 days to conduct the event, the financial impact on the MEC budget, and reason to believe the AWA MEC and their pilots were going to try to disrupt the event and use the media for their own purpose.

Boy, I got you in another lie. The MEC budget could not have been used to fund this "picket." And with National pulling the plug on their funding, your guys had to go out of pocket.

Its very obvious you put this thread together by pulling facts out of your butt. But, admittedly, it very humorous!!


Our "Equal Pay for Equal Work†message will be displayed this week on the streets of Tempe and Phoenix using a highly visible mobile billboard that shows what the MEC thinks of management's two tier pilot pay scale. We'll post a picture of the billboard shortly.â€

Something so important to an east pilot and all you put out is a sign?!!?

You’re not scared are you? Me thinks so…

You got me Armegeddon, I'm shaking in my boots.

Am I hot and now even more motivated to fight the Nicolau Award?

Wow, I didn't know a GAGger could talk like that. Unfortunately, that's all it ends up being - talk.

Absolutely, because it is one thing to debate issues with some people on this board, but you take the cake and I believe you are doing more to encourage East pilots to fight then any other person! Keep up the good work!

I guess that means I'm doing a better job leading your pilots then your MEC is!!
 
Junebug,

I understand at one time there was a pilot who served on the AWA MEC Secretary/Treasurer and then he was elected a First Officer Representative. But, he resigned as the First Officer Representative three months after taking office “family reasons.â€￾ Well I have been told by a MEC pilot that he really quit because ALPA did an audit of the AWA MEC finances and they found out that he had been paying unauthorized expenses, including 41 cents per mile for MEC Officers, MEC Representatives, and selected committee members to and from the MEC office.

Junebug, with all due respect, is that true? If true, it appears he was not not only are you a liar, but a thief too.


Regards,

USA320Pilot


Did it look like this?


Letter of Resignation
Your Name
Your Address
Your City, State, Zip Code
Your Phone Number
Your Email


Date

Name
Title
Organization
Address
City, State, Zip Code

Dear Mr./Ms. Last Name:

Please accept this letter as formal notification that I am leaving my position with AWA MEC on Month, Day,Year.

Thank you for the opportunities you have provided me during my time with ALPA.


Sincerely,

Your Signature


jLj
 
When Garland wrote this:

BOS Pilots,

Head's up, and you're hearing it first.

In my view:

1. The Rice Committee is going nowhere in formulating a "consensual solution" acceptable to either East or West. They're on square one, and will remain there.

2. As a result of ALPA National's poll of US Airways pilots, Prater, the Executive Council and the Rice Committee now believe that the East pilots have a price at which they can be bribed to accept the Nicolau Award.

3. The AWA Executive Vice President (EVP), representing them on the Executive Council (we don't have an EVP of our own, because some members of our MEC voted for an Atlantic Southeast pilot instead), will be bringing a Resolution before the EC later this month that will force the immediate release of the Nicolau Award.

4. As we on the East are no longer participating in JNC negotiations until we reach Pay Parity with the West, ALPA National may be informing us shortly that they intend to negotiate at the JNC in our behalf.

5. The MEC's decision to not follow through with our "Pay Parity Now" Picketing event at the Company's HQ in Tempe was a huge mistake, and will be viewed by Prater, the EC, the West and Doug Parker as a weakening in our resolve to remain a separate operation with a separate, equivalent value contract (after all, the mover of that Resolution voted against taking our fight to PHX, and the seconder's votes weren't even counted, as he neither showed up nor left his proxy).

I see a sellout coming, and I'm no longer sure who is really for or against it.

As I've told you, not on my watch. If this MEC doesn't have the fighting spirit to meet all comers in stopping the implementation of the Nicolau Award, even in 100 degree heat in PHX, then I belong in a Union who does.

We shall soon see.

Garland
"You must take the war to the enemy. You must attack and go on attacking all the time."
— Major Willy Omer François Jean Coppens de Houthulst, Belgian Air Service, 37 victories W.W.I..

Then why did you respond with this:

Dear Fellow Pilot,

Garland's comments that attached are 100% accurate and I totally agree with him. Furthermore, his comment that "If this MEC doesn't have the fighting spirit to meet all comers in stopping the implementation of the Nicolau Award, even in 100 degree heat in PHX, then I belong in a Union who does."

For those of you fence sitters, do you want ALPA International Negotiating for you instead of your own pilot group? Or would it be better to have a union that has US Airways pilots negotiating for US Airways pilots?

I know for fact that ALPA is scared about being replaced and I wonder why? It is clear that we are approaching the reconciliation of our problems. What is not clear is who will negotiate for you.

Regards,

Cxxx
Pinpoint customers who are looking for what you sell.
 
Did it look like this?
Close.

It was actually this:

Letter of Resignation
Your Name
Your Address
Your City, State, Zip Code
Your Phone Number
Your Email
Date

Name
Title
Organization
Address
City, State, Zip Code

Dear BottomFeeder:

Please accept this letter as formal thank you for letting me play with your mom on Month, Day,Year.

Thank you for the opportunities you have provided me during my time with your mom.
Sincerely,

Your Signature
jLj
 
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Junebug,

I wrote an email because I thought information emailed was truthful. By the way, I it interesting is that if the AWA MEC's case is so strong then why do you feel the need to personally email me? Why waste the time?

I will give everybody the benefit of the doubt the first time, but once a person is found unturthful they are always capable of being untruthful.

With that said after reading your information I spoke with members of the US Airways MEC, Key ALPA Committee members, and EC contacts. Following the discussions I realized you are a flat out liar!

I will give anybody the benefit of the doubt, but when they flat out lie and then post missives I will tell the truth because I have no use for people who lie.

Does that make sense?

Finally, I received a lot of emails today regarding your comments and one thing is certain, you are doing more to help USAPA become the collective bargaining agent by galvanizing the East pilots than any other pilot! Keep pizzing US Airways pilots off...you're good at it!

Regards,

USA320Pilot
 
Junebug,

Finally, I received a lot of emails today regarding your comments and one thing is certain, you are doing more to help USAPA become the collective bargaining agent by galvanizing the East pilots than any other pilot! Keep pizzing US Airways pilots off...you're good at it!

Regards,

USA320Pilot

Are you sure you and HH were not twins separated at birth?

Tiger
 
I wrote an email because I thought information emailed was truthful.

So Garland is a liar?

By the way, I it interesting is that if the AWA MEC's case is so strong then why do you feel the need to personally email me? Why waste the time?

I was responding to an email that you wrote members of the MEC, so I could ask you the same thing. Why do you personally email our leadership with veiled threats?

I will give everybody the benefit of the doubt the first time, but once a person is found unturthful they are always capable of being untruthful.

Wow, that's what one of your own pilots said about you in an email he sent me. Amazing!!!

With that said after reading your information I spoke with members of the US Airways MEC, Key ALPA Committee members, and EC contacts. Following the discussions I realized you are a flat out liar!

Hey, everything I said was backed up by Garland's letter.

I will give anybody the benefit of the doubt, but when they flat out lie and then post missives I will tell the truth because I have no use for people who lie.

What's the matter? You're kind of snippy tonight.


Finally, I received a lot of emails today regarding your comments and one thing is certain, you are doing more to help USAPA become the collective bargaining agent by galvanizing the East pilots than any other pilot! Keep pizzing US Airways pilots off...you're good at it!

If telling them the truth pisses them off, then so be it. Time will tell.
 
Then you need too talk to Garland about it. And if they were going to target Prater and ALPA, they would have gone to Herndon. Boy, for a USAPA guy, you sure like defending ineptitude.

Garland is an ......well he's like the rest of the MEC members who think ALPA is the way to go. I only defended them because of the power play they were attempting. I thought everybody could see it for what it was worth. Failed once again. miserably. But their blunder is worth another card or two or three. Keep it up. Have to keep these guys in office floundering around til we get an election. Then how are they going to defend ALPA with their credibility? Or are they? Luckily, in the Bylaws being proposed is that all current ALPA officers are barred from USAPA office for a period of one year. I like that very much.
 
No, it's about having a union that is interested in OUR interest.

ALPA is about dues monies. Why else would they be worried about us leaving?

Where is the National Contract or National Senority List?

Where are the Universal ID cards or why do we do drug testing?

When have you heard anything about a SOS?

See ALPA lost it's balls and it has become a politicians retirement home.

Excellent post :up:
 
Junebug,

After reading your missive .......................

.................Am I hot and now even more motivated to fight the Nicolau Award? Absolutely, because it is one thing to debate issues with some people on this board, but you take the cake and I believe you are doing more to encourage East pilots to fight then any other person! Keep up the good work!

Regards,

USA320Pilot

Now that is a good post. For once we are in total agrrement. :up: :up:
 
Luckily, in the Bylaws being proposed is that all current ALPA officers are barred from USAPA office for a period of one year. I like that very much.
Personally, I'd recommend changing that to "officers and members".......

Jim
 
Are you sure you and HH were not twins separated at birth?

Tiger

That is too funny. Really, I would like a new thread just for these guys. The Junebug and USA320 show. They are the only two allowed to post. The rest of us can have fun watching. :up:
 
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