Can USAPA succeed at imposing date-of-hire on us?
AWAPPA is confident that USAPA’s failure is a matter of when, not if. Unfortunately, USAPA will succeed in causing all of us to pay dearly for their failure in legal fees and prolonged substandard contracts. That is one of many reasons why the best defense against USAPA is a vote for ALPA in the election. You might then wonder why USAPA is so confident in its assertions about achieving a date-of-hire seniority list. The short answer to that question is: because they’re trying to win an election!
The facts show that USAPA’s assertions are nothing more than arrogance fueled by seriously flawed legal advice. USAPA’s purported “right†to impose date of hire on us is based solely upon two things:
The legal opinion of an attorney who has a track record of representing independent unions that regularly fail.
The assumption that Doug Parker is willing to undo his acceptance of the Nicolau Award, or that USAPA will have the leverage to compel Parker to negotiate around that Award.
Let’s review the facts about each of those. First, consider the fate of the following so-called independent unions, each of which USAPA’s lawyer represented:
United Airlines Aircraft Mechanics - AMFA, a client of USAPA’s lawyer, displaced the IAM a few years ago. It failed miserably; United promptly subcontracted a huge number of mechanics’ jobs with the result that thousands of United mechanics are on furlough. An NMB representation election seeking to displace the independent union with the Teamsters is in the works. Knowledgeable airline industry observers have predicted with great confidence that the result will be either that the Teamsters will win or no union will win. In either case, the independent union is finished at United.
Northwest Airlines Aircraft Mechanics – The independent union USAPA’s lawyer represented displaced the IAM and later went on strike. The strike was a complete failure. All of the strikers were permanently replaced, mostly by subcontractors, and the actual mechanic class and craft that the independent union would in theory represent (if it actually had the support of the scabs, which it does not) would be a fraction of the original workforce.
Northwest Airlines Flight Attendants – USAPA’s lawyer represented an independent flight attendant union which won a representation election against the Teamsters. Apparently the flight attendants concluded that this so-called union was unable to represent their interests, because after only a few years of representation it was ousted in an NMB election and the AFA now represents the Northwest flight attendants.
Continental Flight Attendants – USAPA’s lawyer (through his actual paying client, a company called the McCormack Advisory Group) helped form an independent union for flight attendants in an effort to displace the IAM as the Continental flight attendant’s union. The IAM sued the independent union, its officers, and McCormack for misappropriating IAM membership lists (sound familiar?). McCormack consented to a judgment against it and paid damages to the IAM. The independent union and its officers ultimately settled with the IAM and those officers are now suing McCormack who is represented by USAPA’s law firm. In other words, USAPA’s lawyer’s client in that case (McCormak) is being sued by the independent union that same lawyer helped start.
And those unions failed without 1800 of the employees they represented actively opposed to the unions on the day they were certified.
Aside from the flawed legal analysis on which USAPA bases its assertion that it will bargain away the Nicolau award, USAPA’s leadership has publicly admitted that they do not know if Parker will negotiate a date-of-hire seniority list (or, for that matter, any list that deviates from the Nicolau award) with them (even if it is accompanied by a cheap contract), and that there is no “Plan B†if Parker refuses. In that regard, in the unlikely event that USAPA wins the NMB election, AWAPPA will put the Company on notice that it will seek monetary damages against both USAPA and the Company in the event that it agrees to any modification of the Nicolau award.
We also learned this week that USAPA believes that they can defy the laws of negotiating by achieving their demands with zero leverage (video of that discussion coming soon). After all, what leverage will USAPA really ever have when over a third of the group it represents is “unsupportiveâ€, and the unity of the other 2/3 is questionable? There is already obvious evidence of large fissures in the “majority†2/3 of the group. It remains to be seen if USAPA will be able to retain a majority of support for more than a few days past a narrow election victory.
As you can see, USAPA’s rocky foundation is enough to almost virtually guarantee their failure. Your ALPA vote will prevent us from having to pay for that failure. AWAPPA will fight hard to minimize that price of failure, if your ALPA vote is not enough to prevent paying a price.
How do I donate to AWAPPA?
Although the goals of AWAPPA and Leonidas are similar, our strategies may differ somewhat. Both groups have agreed to coordinate efforts as much as possible to prevent a division of the pilot group. It is not our intent to ask pilots to choose sides. In fact, at this point, all that we ask is that you read our updates and consider our recommendations.
Having stated the ideal goal above, the potential does exist for one litigation effort to negatively influence another. If that becomes the case and we are unable to facilitate a coordinated effort, we will do our best to inform you of that situation.
If USAPA wins the election, and US Airways management subsequently agrees to Date of Hire, is ALPA going to provide resources to AWAPPA to assist in the resulting legal battle?
It is important to understand that we will have the resources and support necessary to succeed in defeating USAPA without any of ALPA’s assistance.
Although ALPA has not committed publicly to support AWAPPA’s efforts, we believe that ALPA will assist us in one form or another. Historically, ALPA has participated in precedent setting legal cases that could affect their ability to represent pilots, and our case definitely meets that standard.
As a reminder, AWAPPA will seek monetary damages against both USAPA and the Company in the event that any modification of the Nicolau award is agreed to.
Who is funding USAPA ?
USAPA is currently funded by donations. But the current level of USAPA’s financial support is certainly questionable as evidenced by this excerpt of an internal USAPA email from only about one month ago:
A commitment on our Line of Credit. The bank has had more than enough time to make this decision, and we now have an election. In my view I would call them on Monday, and let them know that absent a commitment by end-of-business we're shopping our business (which I think we should be doing anyway). I can get a signature loan for damn near a year's salary.
We're asking for a line of credit worth 13% of our annual CONTRACTED income.
I have multiple credit cards, each with 15-20% of my annual income in credit line. They should have committed two weeks ago.
What could Mr. Parker do today to solve the seniority issue?
The “seniority issue†has already been resolved in binding arbitration, through a process agreed to by all parties. The best thing Mr. Parker can do is abide by his legal obligation to uphold that process and the result. AWAPPA will seek monetary damages against both USAPA and the Company in the event any modification of the Nicolau award is agreed to.
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