ALPA Executive Board to hear US Airways East MEC request

[USA320Pilot]

Dear Interested Party,

1. Yesterday ALPA President John Prater sent a letter to US Airways MEC Chairman Jack Stephan and AWA MEC Chairman John McIlvena advising each Chairman that the ALPA International Exeuctive Board has placed on its May 21, 2007 agenda the opportunity for the US Airways MEC to make a presentation to the Board regarding the Nicolau Opinion & Award.

This presentation will be held against the objections of the AWA MEC. The US Airways ALPA MEC and its legal council believe the constitution and by-laws permits the Executive Council to set aside the Nicolau award or have its terms changed.

2. There is a large contingent of US Airways pilots who have begun the process to decertify ALPA off of the East property with the intention of imposing a new union on the WEst pilots.

3. Hundreds of US Airways East pilots have begun the process of stopping automatic dues check off or payroll deduction of ALPA dues, which is being led by MEC Representatives.

4. News has surfaced that the NHL and the NBA previously fired three Arbitrators, one being George Nicolau, for incompetence. See the article below:

NHL Fires Arbitrator who Ruled in Yashin Case

Despite victory, league may have questioned earlier free agency ruling

New York, September 8, 2000 -- The services of Lawrence Holden, the arbitrator who ruled in favor of the NHL and the Ottawa Senators in the contract dispute with Alexei Yashin, will no longer be needed by the NHL.

After a contentious one-year term, Holden was terminated by the league, making him the third arbitrator in three years to meet that fate. John Sands and George Nicolau were the others.

Under the present collective bargaining agreement, either the NHL or the National Hockey League Players' Association can dismiss the jointly-appointed arbitrator. While it may seem unusual for the league to fire the person who ruled decisively in its favor in the Yashin case (confounding many writers), the newspaper note that the decision "hinged" on an earlier ruling which went against the NHL.

That case involved a former college player drafted by the New Jersey Devils who refused to sign with that team. One year later, the player, Mike Van Ryn, sought to be declared an unrestricted free agent. Holden accepted his claim, rejecting the NHL's argument that Van Ryn should be considered a "defected player" giving the Devils control of his rights.

Each of these ex-arbitrators have something in common with Dean John Feerick of Fordham Law School. He was fired by the NBA (under a similar CBA provision) after he decided in favor of Latrell Sprewell in his case against the Golden State Warriors in 1998.

Regards,

USA320Pilot

 

[Bear96]

. . .

4. News has surfaced that the NHL and the NBA previously fired three Arbitrators, one being George Nicolau, for incompetence. See the article below:

OK, I read the article you (selectively) posted.

Could you point me to where it said Nicolau was "incompetent?" I must have missed it.

You do realize you are talking about one of the most accomplished and respected labor arbitrators in the country, right? On another thread someone posted his resume. You might want to take a look.

 

[Charlie_Tuna]

George Nicolau

Born February 14, 1925
George Nicolau is an American jurist who works out of New York. Before entering college, Nicolau lost a leg during World War II. After his recovery, he turned to law. He graduated from Columbia University with his juris doctor degree and became a high powered attorney.

In 1960, Nicolau led the Equity Actors' Association Strike that closed Broadway theaters for two weeks. Beginning in 1986, Nicolau was hired by Major League Baseball as their independent arbitrator.

In nine years of service, Nicolau handed down 28 decisions siding with the owners on 14 occasions and the players 13 times. There was one split decision.

Nicolau ruled in 1990 that the owners had practiced collusion, the practice of holding player salaries down, during the winter of 1986-87. The owners were forced to pay millions to players who were colluded during the free agency period. In 1992, Nicolau struck down new rules that gave teams the rights to a drafted player for five years. He also rescinded the lifetime suspension of Steve Howe, calling the suspension too harsh. He was fired by the owners on September 9, 1995.

In 2006, Nicolau was in the news again when he was called to resolve the strike between New York City and 36,000 transit workers.

Retrieved from "http://www.baseball-reference.com/bullpen/George_Nicolau"

 

[Charlie_Tuna]

Dicipline in sports by George Nicolau

 

[700UW]

Kinda like ALPA did this?

MEC CODE-A-PHONE UPDATE

July 26, 2002

This is Roy Freundlich with US Airways an MEC update for Friday, July 26, with two new items:

Item 1. Today the Charlotte Observer published an anti-union editorial from one of our pilots, titled "Unions can Sink US Airways," that aggressively promotes management’s objectives on achieving concessions from other labor groups. The editorial goes so far as to suggest that the CWA union leadership, who represent customer service employees, is misleading their members on their negotiating activity, and implies that management’s side of a dispute is more accurate.

This editorial does not in any way represent ALPA’s position, understanding, or sentiment, on other unions and their sincere efforts to represent their members. ALPA has received no reports, nor would it assign any value to reports, that suggest that any union is misleading their membership. The pilot author of the editorial holds no union position in ALPA. The anti-union public statements from one of our pilot-ALPA members is regrettable.

We urge all pilots to contact their reps or the Comm Center for accurate updates on restructuring negotiations and the activity of other unions. We also request that all pilots refrain from promoting any management anti-union propaganda or chastise other employees in the media. There is little to be gained from such activity other than embarrassment for yourself, your fellow pilots, US Airways, and ALPA.

Pot meet Kettle.

 

[USA320Pilot]

700UW,

You are truly clueless, but most people understand that about you. What I find interesting is that you try to bring up the same old rhetoric versus entering into debate. Why? You cannot do any better, which speaks volumes.

Did I write an opinion on why Nicolau was terminated. Yes I did, which is something we all do.

Regards,

USA320Pilot

 

[700UW]

All you tried to do was discredit him, what is wrong? Don't like it when your true colors are shown?

Maybe you need to learn about arbitration and how it works, it is precedent setting, you can change unions all you want the award is still a living thing and will remain in effect.

Once again you try an end around on your own union by communicating with management and showing them how divided your group, and you wonder why your w-2 and pension are way lower.

How many alpa offices have you been elected too?

How many CBA negotiations you were part of?

NONE!

I know more about the process, just like I told you the IAM would win the airbus arbitration and you once again were the company cheerleader saying the IAM would lose.

I have participated in arbitration cases, numerous grievances and contract negotiations, you are the one who is clueless.

 

[Junebug172]

I spoke with our EVP regarding this upcoming presentation and I can assure you that the east is wasting their time.

What really upsets me here is that not only is the east's MEC not being honest with its pilots, but now National is shining a dim light at the end of their tunnel.

Someone needs to come out and show some tough love by being honest.

The list is set in stone. The east can delay, but the clock is ticking. The initial vacancies may go to the east while working under two CBAs, but once we have one CBA, the list kicks in and a majority of vacancies will go to the west pilots.

Decertifying ALPA isn't going to change things. In fact, it'll expose the east pilots to random disciplinary action by the company.

 

[Bear96]

700UW,

Did I write an opinion on why Nicolau was terminated. Yes I did, which is something we all do.

Oh come now. Let's be accurate. You stated he was fired for incompetence. That's a bit different than offering your "opinion on why he was terminated." It's like me saying, "I think CM is mentally unstable," compared to "The Chief Pilot stated CM is incompetent as a pilot so LCC is thinking of firing him." See the diff?

In reality, what your post showed is that Nicolau was fired by management not for incompetence but for siding with union members too often! Do you have any idea how labor arbitration works (specifically, the process for selecting an arbitrator)? Does the irony of you, a union member, criticizing Nicolau for being impartial or incompetent still escape you?

You must have, um, "overlooked" my previous post where I asked you to point out the part of what you posted where it says Nicolau was "fired for incompetence." So I'll ask again.

Could you please point out where it says Nicolau was fired for incompetence?

 

[USA320Pilot]

JuneBug,

That is interesting because I heard the opposite from our EVP. In regard to delaying it, the US Airways pilots have the right to delay it for at least 3 years until their contract is amendable, then enter into Section VI negotiations, mediation, then a 30-day cooling off period, and a strike. In the case of the AWA pilots it took 4 years past the amendable date of their last contract to get a new agreement.

If that occurs with the US Airways pilots it would be at least 7 years before any list could go together.

Meanwhile, the US Airways pilots would have a lower cost contract than the AWA pilots and where do you think any growth flying would go, to the high cost operator or the low cost operator?

In the meantime the AWA pilots will have to enter into Section VI negotiations on their own and if the pilots strike, how many US Airways East pilots do you believe would cross your picket line to break the strike? From what I am hearing almost all of the East pilots.

Furthermore, the process has started to decertify ALPA on the East property and then impose a new union on the AWA pilots. Can you stop this? No, you cannot.

In the meantime the US Airways pilots have recalled 386 pilots this year, it is receiving all of the EMB-190s, all of the transatlantic growth, it has over 2,500 pilots retiring in the next 10 years, and the AWA pilots have about 500 retirements in the next 10 years.

This will permit US Airways pilots to have improved schedules, quality of life, and pay raises when reserves become lineholders, F/O's become Captains (again), and narrowbody pilots become widebody pilots, all providing meaningful pay raises.

What do the AWA pilots get? Nothing, until they negotiate their own contract, which could take another 4 years. Even then they do not get upward movement because of no growth on the West side and much less retirements than the East.

As I have indicated there is a way out of this mess and that is to protect each others flying by having permanent fences around East and West Coast bases. Would that be agreeable to you?

Regards,

USA320Pilot
s

 

[whlinder]

700UW,

Does it make you feel good to insult and ridicule people?

Charles Simmons said, "Ridicule is the first and last argument of fools," which I believe is an accurate view of an individual like your self.

 

[700UW]

Once again you cant decertify under the RLA.

Cant you understand the process?

You have to get members to sign cards for new representation, get enough cards then the NMB will hold an election if 50%+1 total dont vote then you are non-union.

Don't let the facts get in your way. And the process is very time consuming months and months, if not a year.

 

[Junebug172]

"Furthermore, the process has started to decertify ALPA on the East property and then impose a new union on the AWA pilots. Can you stop this? No, you cannot."


OK idiot. One more time.

There is NO SUCH thing as imposing a union by one pilot group onto another.

Please stop posting.
:blink:

JuneBug,

That is interesting because I heard the opposite from our EVP.

I really doubt Tom from ASA would say something like that.

By your other posts, you have no understanding as to what's really going on here. You're either an idiot or on the verge of senility.

Try to hang on to reality.

 

[Hawkhunter]

As I have indicated there is a way out of this mess and that is to protect each others flying by having permanent fences around East and West Coast bases. Would that be agreeable to you?

Regards,

USA320Pilot [/font]
s
[/quote]


No it would not. They want a land grab and they are drueling at the thought of their windfall. Come fly with us out East boys you will love it. F^%K you.

 

[aquagreen73s]

s
No it would not. They want a land grab and they are drueling at the thought of their windfall. Come fly with us out East boys you will love it. F^%K you.

Hawkhunter...if that's your attitude, then I suspect you have been or will be a regular guest in the chief pilots office. It never ceases to amaze me that there is always a small collection who think the light at the end of the tunnel is something other than a train.

By the way, "drueling" = drooling. Dueling is something altogether different.