“Profound Implicationsâ€
NOTICE OF CHARGES AND
OF EXECUTIVE COUNCIL MEETING TO CONSIDER CHARGES
PURSUANT TO ARTICLE XIX, SECTION 1.D
In accordance with Article XIX, Section 1.D of the ALPA Constitution and By-Laws, I hereby notify you of the charges set forth below. I also notify you that I have proposed an emergency trusteeship of Local Council 41 to take effect immediately upon approval by the ALPA Executive Council. The ALPA Executive Council will meet to decide whether to approve the proposed emergency corrective action on March 3, 2008, at 1100 Eastern Standard Time. The meeting will be held in the Association’s offices in Washington, D.C.
The charges and the basis for the proposed emergency trusteeship are as follows:
Captains Rowe and Ciabattoni are each officers and status representatives of ALPA Local Council 41, as well as members of the ALPA US Airways MEC and members of the ALPA Board of Directors. Captain Portale is also an officer of ALPA Local Council 41. In those positions, each owes a duty of loyalty to ALPA, including the duty to declare his full support for ALPA in the context of an NMB representation election resulting from an organizing drive by a rival labor organization, and the duty to lend no support to that other organization.
USAPA has challenged the Association’s representation rights at US Airways. The voting period for an NMB representation election begins on March 20. The impending NMB representation election makes it critical that each Local Council 41 officer now declare his support for the continuation of ALPA’s status as pilot bargaining representative, oppose the USAPA effort, provide no support to the USAPA effort, and urge the members of Local Council 41 to vote for ALPA in the NMB representation election.
In addition to the failure of all of the Local Council 41 officers to declare support for ALPA, and their joint communications reflecting a pattern of support for USAPA, on February 27, 2008, Captains Rowe and Ciabattoni each further showed his support for USAPA by attempting to recruit a HIMS liaison for the Association to perform the same services for USAPA. This discussion with the HIMS liaison concerning work for USAPA took place while they were speaking to him in their capacity as LEC officers and ALPA representatives.
Captains Rowe and Ciabattoni have stated that they do not “work for USAPA,†but they have not denied that they are providing support and assistance to USAPA, nor have they repudiated their prior communications reflecting a pattern of support. Likewise, none of the three Local Council 41 officers has declared that he supports ALPA in the representation election and would urge Local Council 41 members to vote for ALPA in the representation election.
It is my determination that, by their actions on behalf of a rival labor organization and their continuing failure to provide necessary support for ALPA in the face of an impending NMB representation election between the Association and the rival organization, the Local Council 41 officers have violated and failed to comply with their obligations to ALPA as representatives, officers, and directors under the Constitution and By-Laws and Association policies, and exposed the Association to detrimental consequences by engaging in a substantial failure to perform significant legal or representational duties of a bargaining representative. In short, they have betrayed their obligations to ALPA and, in doing so, have jeopardized ALPA’s continued existence at US Airways.
Based on these facts and circumstances, I have determined that emergency corrective action is necessary and appropriate in the face of the impending NMB representation election.
At this time, it is imperative that each Local Council 41 officer clearly and unequivocally, in writing, declare his support for ALPA and opposition to USAPA in the NMB representation election and urge all Local Council 41 pilots to cast their votes for ALPA. If they cannot do so, they should resign their ALPA positions.
Therefore, each Local Council 41 officer is requested to state, in writing, his support for ALPA in the representation election, his opposition to USAPA, and his commitment to urge Local Council 41 pilots to vote for ALPA, and to send a copy of that statement to Captain Bill Couette, ALPA Vice President-Administration/Secretary (bill.couette@alpa.org) no later than 1700 EST on Sunday, March 2, 2008. The Executive Council will review such response in connection with its meeting on this issue.
As required by Article XIX, Section 1.D of the ALPA Constitution and By-Laws, if the Executive Council approves the proposed emergency corrective action, the officers of Local Council 41 will be afforded a full and fair hearing before the ALPA Executive Board. Such hearing will be scheduled for a date to be determined, within the time limits set forth in Article XIX, Section 1.D, and they will receive advance notice of the hearing’s date, time, and location.
While the ALPA Constitution and By-Laws do not require the Executive Council to provide a hearing or other opportunity for appearance before acting on the proposed emergency corrective action, the Local Council 41 officers may, if they choose, attend the Executive Council meeting and make a presentation commencing at 1400 hours on March 3, 2008, not to exceed a total of thirty (30) minutes. If the Local Council 41 officers intend to make a presentation to the Executive Council, they should notify Captain Bill Couette, Vice President-Administration/ Secretary, by e-mail no later than 1700 EST on Sunday, March 2, of their intention to do so.
Yours truly,
[ATTACHED PDF SIGNED]
Captain John Prater
President
