April/May 2013 Pilot Discussion

[end_of_alpa]

May 5, 2013

Leonidas Update

On May 3, 2013, Attorneys for the West Pilots filed responses in the latest Addington case (Addington III – DFR 2). These filings are responses to USAPA's Motion to Dismiss and a Reply in Support of our Motion for Preliminary Injunction. We highly recommend that you read these filings (Doc 52 & Doc 53).

The primary matter at issue in the pleadings is whether this matter is now ripe for decision. In our recent filings, we argue that the MOU is the single agreement called for in the Transition Agreement, finally making the DFR claim ripe. US Airways supported this argument in their Response to Motion for Preliminary Injunction (PI) filed last week (Doc 49). Specifically, the company stated in their pleadings that "the facts are entirely different and none of the contingencies at issue in Addington I (DFR I) are present here. To the extent a 'final CBA,' or a 'new, single CBA', is a prerequisite to ripeness of the DFR claim asserted by plaintiffs in this case, the requirement is satisfied." The company also stated that: "[c]ontrary to USAPA's argument, the material terms and conditions of employment for both East and West pilots following the merger are now known and fixed by the MOU."

In addition to the ripeness issue, the reply and response documents counter a number of arguments made by USAPA, including that the ratification of the MOU was a waiver of the obligations under the Transition Agreement and/or the right to require implementation of the Nicolau award.

On Friday, May 3, 2013, the company also filed its reply in support of its Motion to Dismiss. Although the Company has weighed in on the ripeness issue in our favor, the Company has maintained the position throughout its pleadings that the Court does not have jurisdiction over the Company because this is a "minor dispute" that should be submitted to the System Board. We have argued that the "minor dispute" doctrine does not apply and that the Company is a necessary party to this action and to any preliminary injunction. The complete briefing on the Company's Motion to Dismiss is available online. (Doc 54).

There have been some other developments with respect to the adversary pleading filed by USAPA in New York and the appeal pending in Addington II (Airways Declaratory Relief). After the bankruptcy judge, AMR and its creditors committee expressed doubts as to the propriety of USAPA's adversary complaint, on April 25, 2013, USAPA voluntarily dismissed the adversary pleading pending in the AMR bankruptcy in New York.

Also on Friday, the Ninth Circuit Court of Appeals denied the company's request to stay their appeal and ordered an opening brief on June 5 followed by defendants' answering briefs (West Class and USAPA) on July 5 and the optional reply 14 days later after service of the answers. It will be interesting to see how the Airways appeal proceeds while arguing a ripe case in Judge Silver's court on a fact set that appears to moot the company's claims in Addington II.

We continue to have a busy docket. One final brief is due on May 9, 2013, and that is Defendant USAPA's Reply to Plaintiff West Pilots' Response to USAPA's Motion to Dismiss. The following day, May 10, 2013, all parties will file a joint status report containing a proposed schedule for the May 14, 2013, 10 a.m. preliminary injunction hearing at the Sandra Day O'Connor U.S. Courthouse, 401 W. Washington Street, Phoenix, Arizona, Courtroom 601.

When the hearing is complete, there is no timetable for a ruling from the Court.

Finally, we would like to remind everyone of the Meet and Greet with the West attorneys scheduled for Friday, May 17, 2013 at 9a.m. The location is the Oasis Room of the Coast Phoenix Sky Harbor Hotel, 4300 East Washington Street, Phoenix, Arizona 85034 602-273-7778.

In the meantime, we thank you for your unwavering support. Six years ago, nobody believed the West pilot group would stick together. We did, and we do believe that all of your patience, faith, trust and support will be rewarded.

Sincerely,

Leonidas, LLC

You guys can't make a DFR claim if you DON'T PLEAD A PROPER DFR CLAIM: "I. Claim One: Breach of the Duty of Fair Representation
96. Plaintiffs re-allege each and every allegation set forth above as
if fully set forth herein.
97. Pursuant to the duty of fair representation, USAPA must have a
legitimate union purpose to use anything other than the Nicolau Award list to integrate East Pilots and West Pilots. What the Supreme Court says the PROPER ELEMENTS OF A DFR CLAIM: "The statutory duty of fair representation was developed over 20 years ago in a series of cases involving alleged racial discrimination by unions certified as exclusive bargaining representatives under the Railway Labor Act, see Steele v. Louisville & N. R. Co., 323 U. S. 192; Tunstall v. Brotherhood of Locomotive Firemen, 323 U. S. 210, and was soon extended to unions certified under the N.L.R.A., see Ford Motor Co. v. Huffman, supra. Under this doctrine, the exclusive agent's statutory authority to represent all members of a designated unit includes a statutory obligation to serve the interests of all members without hostility or discrimination toward any, to exercise its discretion with complete good faith and honesty, and to avoid arbitrary conduct. Humphrey v. Moore, 375 U.S. at 375 U. S. 342. See Vaca v. Sipes, 386 U.S. 171, 190, 87 S.Ct. 903 (1967).

 

[Pi brat]

You guys can't make a DFR claim if you DON'T PLEAD A PROPER DFR CLAIM: "I. Claim One: Breach of the Duty of Fair

SSSSHHHH

 

[Metroyet]

American Airlines recalls last pilot on furlough

According to the union, the recalled pilots will be needed because of retirements and new federal crew-rest rules that will require additional pilots on some international flights.

Lets see, how many West retirements coming up and how many more pilots are going to be needed to fly the West "international" operation? I guess that's what management was talking about when they said no growth at "Fortress Tempe". Enjoy the next several YEARS of continued STAGNATION!

So, how's that NIC or nothing looking now to the West "hold outs"? You guys have to be sweating balls over this "hail Marty" pass hanging in the air! Good luck to you, after all, it's all about luck anyway; Right, Bean? Dirtball!


seajay

Seriously? You gamble over a BILLION dollars on a long shot hope and it's the West that's sweating it? Best of luck in your DOH negotiations when the company isn't beholden to any Section 6 obligations what so ever, (thank you MOU) and given their stated intention to NEVER discuss or negotiate a different seniority list.

Can't wait to hear what you're going to tell the Judge....although we all know it "isn't ripe"...That's your defense right?

 

[Res Judicata]

It's refreshing (and jarring in a way) to meet and fly with these young pilots. Reminds me of 1999, before airplanes flew into buildings (before Cactus Dave was Major Airline worthy) and the West Class thought they could personally gain from the fallout of a terrorist attack the expense of pilots out East. Lots of hiring, and payrates going up and up. New aircraft every month.

Unfortunately, those in the West Class never actually worked for a successful and thriving carrier, and somehow thought the only way to get a "leg up" was at the expense of others. They could not understand that those senior actually knew what it was like to work for high wages and benefits.

Some might disagree with the methodology, but for all intents, through representation the East pilots sacrificed their long earned retirements to save the airline. Much more than just “showing up.”

Getting rid of ALPA. Check.

Getting everyone a raise in the MOU. Check

Getting the CLT reps to send out the MOU for a member vote. Check.

Getting the West Class to vote for the MOU. Check.

Keeping the NIC off the property, and proud to admit it as a basis for forming the union. Check

Reestablishing DOH as a defining concept in airline pilot mergers. Check.


The true LUP of DOH will soon be reaffirmed by Judge Silver.


Greeter

Damn Scab, you're in for one hell of a hard fall. I'll be LMAO pissing on the smoldering ashes of your scab unions grave. It's dead any way you slice it.

 

[Claxon]

Damn Scab, you're in for one hell of a hard fall. I'll be LMAO pissing on the smoldering ashes of your scab unions grave. It's dead any way you slice it.

Damn poly, you sure have mastered the art of pi$$ing. Problem is, you are always pi$$ing up ropes. Leonidas is going down again.

 

[snapthis]

Wrong. I believed that you guys would stick together and predicted that if USAPA was elected we would be mired in court for years and years. I thought you guys would win in the end, but USAPA has proven me wrong a few times. We'll see what happens in the next few months, but at least it hasn't been boring.

The only thing I can say about that is USAPA will be gone and Leonidas will still be here. We have an organization in place to continue to protect our rights well into the merger with American. The East pilots will no longer have USAPA or access to West dues to fund your objectives. You may want to consider a fund drive of your own.

This is how it is done: (Courtesy of Cactuspilot.com)

Leonidas, LLC was created in August of 2007 to safeguard the legal rights of the former America West pilots in the face of the multiple threats before them at that​

time. It was founded by two America West First Officers; Eric Ferguson and Jeff​

Koontz. Those two pilots were introduced by a Merger Committee member by​

the name of Kevin Horner who is now at American. In early 2008, the group​

expanded to include Captain Roger Velez, from the Merger Fund Management​

Committee. Since that time, the group has grown to include these nineteen​

individuals (in alphabetical order):​

Don Addington John Bostic​

Eddie Bollmeier Mark Burman​

Dave Button Johan DeVicq​

Larry Diehl Eric Ferguson​

Lee Fife Ken Holmes​

Kevin Horner AC Iranpour​

Jeff Koontz Pat O’Neil​

Terry Quershi David Simmons​

Brian Stockdell Roger Velez​

Steve Wargocki​

Johan DeVicq​

Rod Brackin​

George Maliga​

Eddie Bollmeier​

Lee Fife​

Mike Soha​

Our team is unanimous in its belief that our combined pilot group must begin to​

move forward in a new and positive direction, and we have expended​

considerable effort to facilitate a new web site and forum aimed at the goal of​

improving communications between the various subcultures within our group. It​

is our hope that all of the various divisions within our pilot group (North, South,​

East and West) be done away with. We believe that it is essential to our very​

survival, because a “house divided against itself cannot stand.” Furthermore, we​

have simply grown weary of working for an entity in which we have so little pride​

these days. It is clear that management would like nothing better than for us to​

remain in our present state, which is exactly why we must all begin to work​

together.​

USAPA is the union, and we are the pilots of US Airways. It is incumbent upon​

us all, both individually and collectively, to make the most of every moment and​

opportunity. Our profession and families require us to do so.​

 

[Pi brat]

The only thing I can say about that is USAPA will be gone and Leonidas will still be here. We have an organization in place to continue to protect our rights well into the merger with American. The East pilots will no longer have USAPA or access to West dues to fund your objectives. You may want to consider a fund drive of your own.

Rest assured that if the things go the way you guys think they will and the APA takes over and doesn't appeal, we will do just that. You guys have showed us the way.

 

[snapthis]

Rest assured that if the things go the way you guys think they will and the APA takes over and doesn't appeal, we will do just that. You guys have showed us the way.

Good luck with the fundraising. It's a little different shaking down someone for dues dollars when you no longer have your union. It's all donations.

 

[Pi brat]

Good luck with the fundraising. It's a little different shaking down someone for dues dollars when you no longer have your union. It's all donations.

Well, from your last shakedown list, I mean praise list, I don't see the problem. We have many more pilots and we will be making more. You guys did it with what, little over half at super, double titanium?

5 years ago I probably couldn't have seen myself contributing, but this last round changed all of that.

 

[Phoenix]

Damn Scab, you're in for one hell of a hard fall. I'll be LMAO pissing on the smoldering ashes of your scab unions grave. It's dead any way you slice it.

The majority of all pilots, East andWest, have already moved on emotionally and are mature enough that they wont resort to pissing in the punch bowl of which we all drink. Your glass needs a refill.

 

[Claxon]

Good luck with the fundraising. It's a little different shaking down someone for dues dollars when you no longer have your union. It's all donations.

You have been shaking down west pilots for more than four years. 9th circuit is on the fast track again, the results will be the same for you.

Leonidas Update August 4, 2009

on 04 August 2009
.

Fellow US Airways pilots,

We just received some very good news for all US Airways pilots as the 9th Circuit has fast tracked USAPA's (futile) appeal.

Appellant's unopposed motion for expedition is granted. The opening brief is due September 25, 2009; the answering brief is due October 26, 2009; and the optional reply brief is due within 14 days after service of the answering brief.


This case shall be placed on the December 2009 calendar.

For the Court:

MOLLY C. DWYER

Clerk of the Court Lorela Bragado-Sevillena

Deputy Clerk

Ninth Circuit Rule 27-7/Advisory Note

to Rule 27 and Ninth Circuit Rule 27-10

The end is in sight as the chances of the US Supreme Court ever granting a USAPA Motion of Certiorari and hear an appeal from the 9th Circuit is infinitesimally small. Also, note that USAPA motion for an expedited appeal was unopposed by the Plaintiffs. The reason why we were not opposed to this is because it is imperative that this matter be buried once and for all. We hope to have a decision from the 9th Circuit in February or March of 2010.

It's amazing how fast our case has moved through the justice system. Exactly 11 months ago we filed our initial complaint and look where we are now! We all heard on the USAPA campaign videos that Seham's Plan B was to delay whatever DFR action was to be filed by the America West pilots over many years, just like what has occured with the TWA pilots. By the time we ever got to having our case adjudicated, the plan was to delay long enough so that the East would have just about robbed us entirely of our seniority rights emanating from Nicolau. Sure we'd have a recovery . . . in 2015! Too late then. Now, we're looking at having this entire matter settled in early 2010 and after that there will be no more excuses for East and West to move ahead - together - as labor should.

This is over folks.

One more item . . . West pilots - this is not free. Although we filed for attorney's fees, a fee award is not guaranteed. We must anticipate funding this litigation entirely on our own. The lowest paid pilot is making $75,000 +. At this point we shouldn't have to still be asking for donations, but the fact of the matter is that only about half of this pilot group have hit the $1,000 target. Leonidas has been up and running for two years this month. If every pilot had donated just $40 a month since Leonidas was created, we wouldn't be writing to you today reminding the other half to donate. After our stunning successes in court on behalf of all West pilots, the fact that we are still having to ask for money is unacceptable. Donate now.

Sincerely,

Leonidas, LLC

 

[end_of_alpa]

Rest assured that if the things go the way you guys think they will and the APA takes over and doesn't appeal, we will do just that. You guys have showed us the way.

Count me in.

 

[Claxon]

Really you want to go there jackass?

How many 321 tails and airplanes have you big leagers bent up?

Comparing the two pilots groups records you should just keep your mouth shut about flying skills.

The realization of only being in the PHX base and stagnation for years is getting to you

You went from Mesa Beech 1900 to america west pilot in a couple of years. You hit the proverbial brick wall. Your quest to be a real airline pilot has stalled. You have been
re-routed. Anger management?

http://www.pwc.com/us/en/alumni/keyword/vol6/re-routed.jhtml

 

[Claxon]

Damn Scab, you're in for one hell of a hard fall. I'll be LMAO pissing on the smoldering ashes of your scab unions grave. It's dead any way you slice it.

Anger management west pilot?

 

[FL430]

You have been shaking down west pilots for more than four years. 9th circuit is on the fast track again, the results will be the same for you.

Leonidas Update August 4, 2009

on 04 August 2009
.

Fellow US Airways pilots,

We just received some very good news for all US Airways pilots as the 9th Circuit has fast tracked USAPA's (futile) appeal.

Appellant's unopposed motion for expedition is granted. The opening brief is due September 25, 2009; the answering brief is due October 26, 2009; and the optional reply brief is due within 14 days after service of the answering brief.


This case shall be placed on the December 2009 calendar.

For the Court:

MOLLY C. DWYER

Clerk of the Court Lorela Bragado-Sevillena

Deputy Clerk

Ninth Circuit Rule 27-7/Advisory Note

to Rule 27 and Ninth Circuit Rule 27-10

The end is in sight as the chances of the US Supreme Court ever granting a USAPA Motion of Certiorari and hear an appeal from the 9th Circuit is infinitesimally small. Also, note that USAPA motion for an expedited appeal was unopposed by the Plaintiffs. The reason why we were not opposed to this is because it is imperative that this matter be buried once and for all. We hope to have a decision from the 9th Circuit in February or March of 2010.

It's amazing how fast our case has moved through the justice system. Exactly 11 months ago we filed our initial complaint and look where we are now! We all heard on the USAPA campaign videos that Seham's Plan B was to delay whatever DFR action was to be filed by the America West pilots over many years, just like what has occured with the TWA pilots. By the time we ever got to having our case adjudicated, the plan was to delay long enough so that the East would have just about robbed us entirely of our seniority rights emanating from Nicolau. Sure we'd have a recovery . . . in 2015! Too late then. Now, we're looking at having this entire matter settled in early 2010 and after that there will be no more excuses for East and West to move ahead - together - as labor should.

This is over folks.

One more item . . . West pilots - this is not free. Although we filed for attorney's fees, a fee award is not guaranteed. We must anticipate funding this litigation entirely on our own. The lowest paid pilot is making $75,000 +. At this point we shouldn't have to still be asking for donations, but the fact of the matter is that only about half of this pilot group have hit the $1,000 target. Leonidas has been up and running for two years this month. If every pilot had donated just $40 a month since Leonidas was created, we wouldn't be writing to you today reminding the other half to donate. After our stunning successes in court on behalf of all West pilots, the fact that we are still having to ask for money is unacceptable. Donate now.

Sincerely,

Leonidas, LLC

This one was so good it deserves an encore! Awesome Claxy!