April/May 2013 Pilot Discussion

[Pi brat]

Leonidas Update May 15, 2013

on 16 May 2013
.
On April 17, 2013, the Court issued an order setting a preliminary injunction hearing for May 14, 2013. Before the hearing, the Court handed our counsel a new order. This document can be found here [Doc. 84]. The transcript of the May 14, 2013 hearing can be foundhere. At the end of the hearing, Judge Silver ordered that the parties do several things: (1) submit additional briefing on the McCaskill-Bond process, including whether or not everyone has the right to be at the table for purposes of determining seniority, based on CAB precedents from before 1978; (2) whether the parties can stipulate to the relevant facts for the Court to determine whether or not there has been a violation of the duty of fair representation; and (3) briefing on what the remedy could or should be if she found a violation of the duty of fair representation. Briefs on these issues are due on Friday May 17, 2013 with responsive briefs due on May 24, 2013. Finally, the Court strongly recommended that USAPA and the West Pilots negotiate the seniority issue, with the assistance of counsel for US Airways, Bob Siegel. The parties are required to submit a report to the Court regarding the status of settlement negotiations no later than May 21, 2013.

As a result of the recent developments and the expedited briefing schedule set forth by Judge Silver, the meet and greet originally scheduled for May 17, 2013 will be postponed to a later date yet to be determined.

Sincerely,

Leonidas, LLC

They are meeting and greeting with USAPA today. I thought they couldn't negotiate for west pilots. Hasn't that been an essential tenant on this board for a while?

 

[nycbusdriver]

What is your problem with usapa going away?

The APA has a duty to represent you fairly just like usapa has a duty to fairly represent the west.

Are you concerned that the APA might do to you what usapa has been doing to the west?

Usapa has told the court that they represent the west just fine. Do you think the APA is a less honest and fair organization than usapa?

Once the NMB declares a new bargaining agent where does usapa get its authority to represent anyone?

I have ZERO problem with USAPA "going away." I have real problems with your nonsense about APA being able to make the federal law known as McCaskill-Bond moot simply by filing and getting single-carrier status.

It's absurd.

I trust the APA to represent me when the time is ripe (there's that word again.) When it comes to SLI, that time will be AFTER the SLI process is complete. Not before. McCaskill-Bond did not become law simply to be window dressing.

 

[AWE Dog]

If I was a Plutomioum army of LEO donor I would be pissed to hear about the Nic going away. Remember Nic or nothing, money well spent boys..... I would start to think conditions and restrictions.

 

[Beancounter]

If your name aint John Roberts....

Its sorta like democracy. When the majority does something stupid, its still right. And the rest of us get crappy, expensive medical, and an IRS audit.

I'm too moderate to be Robert's, but thanks, i'll still take it as a compliment.

Bean

 

[CallawayGolf]

They are meeting and greeting with USAPA today. I thought they couldn't negotiate for west pilots. Hasn't that been an essential tenant on this board for a while?

You would prefer that they disregard a federal judge's direct order?

 

[Bill Brasky]

They are meeting and greeting with USAPA today. I thought they couldn't negotiate for west pilots. Hasn't that been an essential tenant on this board for a while?

Are the westies meeting with USAPA, or the westies' lawyers? Who do you mean can't negotiate for the west pilots? I thought that Judge Silver essentially ordered both sides to try to work something out. There really is no officially recognized bargaining unit for the west pilots only, they are represented by USAPA, just like the East pilots. A compromise would be nice, but I don't see how that would preclude any individual west pilot, or East, for that matter, from filing another DFR once this thing is all wrapped up.

 

[Pi brat]

You would prefer that they disregard a federal judge's direct order?

Oh no, I'm more than happy to point out that many on here were WRONG. Just waiting for them to admit it. Haveq to give you credit for doing that last time around.

 

[Pi brat]

Are the westies meeting with USAPA, or the westies' lawyers? Who do you mean can't negotiate for the west pilots? I thought that Judge Silver essentially ordered both sides to try to work something out. There really is no officially recognized bargaining unit for the west pilots only, they are represented by USAPA, just like the East pilots. A compromise would be nice, but I don't see how that would preclude any individual west pilot, or East, for that matter, from filing another DFR once this thing is all wrapped up.

I heard Fergi and Koontz plus a few more with USAPA leaders at company HQ.

They were granted class status. Wouldn't that bind all west pilots to a Silver approved deal? I don't see anything coming from it.

 

[cactusboy53]

You'd better hope that's not the case.

Or else what? Are you going to start up a new, new union? Van rental rates are up from 2007, you should reserve yours now.

CB

 

[CallawayGolf]

Oh no, I'm more than happy to point out that many on here were WRONG. Just waiting for them to admit it. Haveq to give you credit for doing that last time around.

But would such a compromise or post-NIC negotiated list have been possible without judicial fiat once separate west representation was abolished?

 

[Crzipilot]

Are the westies meeting with USAPA, or the westies' lawyers? Who do you mean can't negotiate for the west pilots? I thought that Judge Silver essentially ordered both sides to try to work something out. There really is no officially recognized bargaining unit for the west pilots only, they are represented by USAPA, just like the East pilots. A compromise would be nice, but I don't see how that would preclude any individual west pilot, or East, for that matter, from filing another DFR once this thing is all wrapped up.

I think his reference is the continual cry by the westies that they have nobody that can negotiate for them. No one to represent them at the "table" (whatever table that is) But they sure as hell can gather around to find someone to represent them via the courts and a law suit. They have cried that since single carrier, they have no way to come up with some process to get to some compromise of the NIC, It's just not possible. BUT they can organize and keep alive a 5 yr lawsuit that still isn't ripe....

 

[Bill Brasky]

Or else what? Are you going to start up a new, new union? Van rental rates are up from 2007, you should reserve yours now.

CB

It would be fine with me, since the C&Rs mostly protect the west jobs. If you don't want them, let your lawyers know soon.

I don't know what I would call it, maybe "Army of Carthaginians", or maybe "Air Force of Kamikazes"? What do you think?

 

[Crzipilot]

But would such a compromise or post-NIC negotiated list have been possible without judicial fiat once separate west representation was abolished?

I imagine you smart fellers over there could have come up with a way. What would be so hard (and usapa would probably even pay for it) To setup a west only vote. 1 question. Should the west pilots negotiate or agree to something other than the NIC. Let only west pilots vote and see what the results are!?!??!

 

[nycbusdriver]

Oh no, I'm more than happy to point out that many on here were WRONG. Just waiting for them to admit it. Haveq to give you credit for doing that last time around.

We haven't heard from the stock clerk in quite a while. You remember him, the labor law expert who knows everything about the RLA and maintains that we can get around the Nicolau no matter what. Maybe the westies should hire him to go tell Judge Silver how wrong she is.

 

[Bill Brasky]

I imagine you smart fellers over there could have come up with a way. What would be so hard (and usapa would probably even pay for it) To setup a west only vote. 1 question. Should the west pilots negotiate or agree to something other than the NIC. Let only west pilots vote and see what the results are!?!??!

Or, even better than that, have the west guys vote on the proposal, incorporate it into an SLI, then have a vote by the entire membership on the final SLI agreement. I think that could work, and everyone would be included. How much more fair could it be?