Dear Fellow Pilots:
We suspect that, at this juncture, most of you have already made up your mind as to how you are going to vote. For those of you still undecided, we would like to address the MEC Chairman's March 15 message which suggests that remaining with ALPA is the best way to "permanently fix" the Nicolau Award. We respectfully request that you consider the following facts:
First, ALPA Merger Policy creates a legal obligation for ALPA National to use its best efforts to implement the results of the seniority integration arbitration. By contrast, USAPA's constitution creates a legal obligation for USAPA to pursue seniority integration on a date of hire basis.
Second, in terms of the intentions of ALPA National, the Executive Council has already "passed" the Nicolau list to the Company and imposed trusteeships on, or provoked the resignations of, those who sought to resist the implementation of the Nicolau Award.
Third, ALPA is in a state of paralysis. The West MEC insists that the Nicolau Award must stand and has attempted (without resistance from ALPA) to initiate its own Section 6 negotiations. Meanwhile, the East's leadership has been gutted: The Philly MEC in trusteeship; Pittsburgh and Boston LEC's have resigned; our Negotiating Chairman and System Board Vice Chairman have resigned; and our Grievance Chairperson was terminated via role call voting. In view of ALPA National's legal obligation to implement the Nicolau Award, and its harsh treatment of the East leadership, this paralysis is unlikely to be resolved in favor of DOH seniority.
Fourth, the certification of USAPA will resolve the paralysis. Consistent with the USAPA Constitution, our negotiators will seek a date of hire seniority integration as part of a single contract. Any agreement negotiated by USAPA will be subject to ratification by a single vote of the combined pilot group. The stalemate will end and democratic principles will govern.
Fifth, USAPA's view that the DC Superior Court litigation to vacate the Nicolau Award was just a red herring and would not succeed (click here to read) has been confirmed. Former Negotiating Committee Chairman Doug Mowery advised pilots in CLT that the AAA MEC's legal counsel informed him that litigation had virtually no choice of success and was for the sole purpose of providing "leverage" to reached a negotiated settlement with the AWA MEC.
Worse still, the very same law firm handling that litigation provided a letter to the MEC Chairman, at his solicitation, stating that neither ALPA Merger Policy nor Allegheny-Mohawk principles favor date of hire seniority. (click here to read about ALPA's Legal Betrayal). When your own legal counsel can no longer be trusted, it is time to switch to a labor organization that will be controlled exclusively by US Airways pilots and will act solely in the interests of US Airways pilots.
So many of those who know ALPA best -- LEC representatives, negotiators, committee members -- have endorsed USAPA. Under ALPA, we have not only lost our self-determination, but we have also lost the leaders with the greatest integrity and experience. Only USAPA will bring that experience back and allow it to serve your interests.
Democracy, experience, self-determination. Let's move forward together, with USAPA.
Stephen Bradford
Interim President