August 2013 Pilot Discussion

Status
Not open for further replies.
Bradford's deposition sure stirred up a hornets nest. I wonder why..........

Excerpts:
25· · · ·Q.· ·I'm going to show you, Mr. Bradford, and
·1· this may be our last document, what I've identified
·2· as Exhibit 1062, e-mail from you to Mr. Pauley and
·3· others, April 25, 2013.
·4· · · · · · Did you write this e-mail?
·5· · · ·A.· ·Apparently so, yes.
·6· · · ·Q.· ·You write in the first paragraph, Jess,
·7· Jess raised the question of the dismissal of the
·8· pled, P-L-E-D, preliminary injunction in Addington I.
·9· Here is that decision.· In Addington II, Roman
10· numeral two, the court dismissed the company because
11· they were not in cohorts with USAPA.
12· · · · · · Then you continue to write, here the union
13· and the company are in concert.· We have agreed to a
14· new seniority process that does not include the
15· Nicolau award.
16· · · · · · What did you mean by that?
17· · · ·A.· ·We've just -- just what it says.· We
18· have -- the company and the union and APA and the
19· parties to the MOU have agreed on a new process for
20· seniority that is not tied to the old transition
21· agreement.
22· · · ·Q.· ·It does not include the Nicolau?
23· · · ·A.· ·It -- it -- that could be a misstatement.
24· It includes a new process.· If the board wants the
25· Nic, they could have the Nic.
·1· · · ·Q.· ·But that didn't -- that's not what you
·2· wrote.· You -- you wrote you're in cohorts -- cohorts
·3· with the --
·4· · · · · · MS. AXEL:· Cahoots.
·5· · · ·Q.· ·-- cahoots with the company, Airways,
·6· because you agreed to a new seniority process that
·7· does not include the Nicolau.
·8· · · ·A.· ·We factored --
·9· · · ·Q.· ·Those were your -- those are your words --
10· · · ·A.· ·No, the words are --
11· · · ·Q.· ·No, let me -- let me, let me.· Those are
12· your words and your e-mail on April 25, 2013,
13· correct?
14· · · ·A.· ·Incorrect.
15· · · ·Q.· ·Why?
16· · · ·A.· ·We're not in cahoots with the company,
17· we've acted in concert with the company.
18· · · ·Q.· ·Concert.
19· · · · · · What's the difference?
20· · · ·A.· ·We sat at the table, negotiated, arrived
21· at an MOU with all the parties which provides for a
22· new seniority process.
23· · · ·Q.· ·And you still believe that?
24· · · ·A.· ·Yes.· And that process --
25· · · ·Q.· ·That does not include the Nicolau?
·1· · · ·A.· ·Well, it's neutral on its terms.
·2· · · ·Q.· ·You say it eliminated the -- the
·3· requirement to use the -- the Nicolau.· So how can
·4· that be neutral?
·5· · · ·A.· ·Because the Nicolau award or date of hire
·6· or any other seniority solution and outcome does
·7· not appear in the document.
·8· · · ·Q.· ·Just because it doesn't appear, it's
·9· neutral?
10· · · ·A.· ·Yes.
11· · · ·Q.· ·But the effect of it is -- from your point
12· of view is to take away the requirement to use the
13· Nicolau?
14· · · ·A.· ·Yes, the transition agreement has been
15· amended, that is correct.
16· · · ·Q.· ·All right.· And to set up a process where
17· the majority is going to rule what's presented to the
18· McCaskill-Bond committee?
19· · · ·A.· ·Without any negotiation, yes.

http://youtu.be/YEBUNMVP_8k
 
Crimi told the CLT pilots he got a type at Freedom, but never flew revenue. Here is what he said under oath:



15· · · ·Q.· ·Did you ever work for an airline called

16· Freedom Air?

17· · · ·A.· ·Yes.

18· · · ·Q.· ·And how long did you work for Freedom Air?

19· · · ·A.· ·About five months, I think.

20· · · ·Q.· ·And was that in the time period that you

21· were furloughed from US Airways?

22· · · ·A.· ·Yes.· But I thought you were asking about

23· this furlough when I was working for PSA.· I was

24· furloughed also in 1997 and 1991.

25· · · ·Q.· ·Okay.· How long were you furloughed in

·1· 1997?

·2· · · ·A.· ·Five-and-a-half months.

·3· · · ·Q.· ·And what about 1991?

·4· · · ·A.· ·About 14 months.

·5· · · ·Q.· ·And when -- when was it that you worked for

·6· Freedom Air?

·7· · · ·A.· ·I believe it was January of 2003 to May

·8· of 2003.· But I would not swear to that.

·9· · · ·Q.· ·So that was the 2001 furlough then, the

10· most recent furlough, correct?

11· · · ·A.· ·Yes, actually it was 2002.

12· · · ·Q.· ·Okay.

13· · · ·A.· ·I believe I was furloughed in November of

14· 2002.· But I might be mistaken.

15· · · ·Q.· ·So while -- I think you told me that you

16· worked for only PSA during those four years and eight

17· months that you were furloughed, but that's

18· incorrect?

19· · · ·A.· ·I'm sorry, that is incorrect.· I was

20· thinking that was a different furlough, and yes,

21· you weren't asking about that, you were just asking

22· about this latest furlough.

23· · · ·Q.· ·So during this latest furlough you worked

24· for PSA and for Freedom Air?

25· · · ·A.· ·Yes.

·1· · · ·Q.· ·And what was Freedom Air?

·2· · · ·A.· ·It was an express carrier owned by Mesa

·3· group, I believe, flying for America West.

·4· · · ·Q.· ·Okay.· And that was a non-unionized

·5· airline, correct?

·6· · · ·A.· ·Yes.

·7· · · ·Q.· ·Okay.· And I believe that ALPA had put out

·8· a notice to pilots to not go fly for them, correct?

·9· · · ·A.· ·They did, yes.

10· · · ·Q.· ·And you went and flew for them anyway?

11· · · ·A.· ·Yes.

12· · · ·Q.· ·Okay.· Why was that?

13· · · ·A.· ·Because they had no legal right to say

14· that.

15· · · ·Q.· ·Okay.· And even though you went and flew

16· for this non-unionized air, you now are a union

17· representative for US Airways, correct?

18· · · ·A.· ·That's correct.

19· · · ·Q.· ·I think we're done.

20· · · · · · MR. SZYMANSKI:· Thank you very much.

21· · · · · · · · · · · · · ·(TIME NOTED:· 12:22 p.m.)

22· · · · · · · · · · · · · ·(SIGNATURE RESERVED.)

Ask the america west scabs to go on the stand. There are HUNDREDS of them.
 
East Bid 14-01 was published today. One month bid for Feb 2014.

Highlights

49 New Hires

22 W/B CAP Vacancies in CLT

26 W/B F/O Vacancies in CLT

15 320 CAP Vacancies in CLT

3 320 CAP Vacancies in DCA

9 W/B CAP Vacancies in PHL

9 320 CAP Vacancies in PHL


11 73 CAP Reductions in CLT


Skier

21 Retirements - all Captains.
 
Bradford's deposition sure stirred up a hornets nest. I wonder why..........

Excerpts:
25· · · ·Q.· ·I'm going to show you, Mr. Bradford, and
·1· this may be our last document, what I've identified
·2· as Exhibit 1062, e-mail from you to Mr. Pauley and
·3· others, April 25, 2013.
·4· · · · · · Did you write this e-mail?
·5· · · ·A.· ·Apparently so, yes.
·6· · · ·Q.· ·You write in the first paragraph, Jess,
·7· Jess raised the question of the dismissal of the
·8· pled, P-L-E-D, preliminary injunction in Addington I.
·9· Here is that decision.· In Addington II, Roman
10· numeral two, the court dismissed the company because
11· they were not in cohorts with USAPA.
12· · · · · · Then you continue to write, here the union
13· and the company are in concert.· We have agreed to a
14· new seniority process that does not include the
15· Nicolau award.
16· · · · · · What did you mean by that?
17· · · ·A.· ·We've just -- just what it says.· We
18· have -- the company and the union and APA and the
19· parties to the MOU have agreed on a new process for
20· seniority that is not tied to the old transition
21· agreement.
22· · · ·Q.· ·It does not include the Nicolau?
23· · · ·A.· ·It -- it -- that could be a misstatement.
24· It includes a new process.· If the board wants the
25· Nic, they could have the Nic.
·1· · · ·Q.· ·But that didn't -- that's not what you
·2· wrote.· You -- you wrote you're in cohorts -- cohorts
·3· with the --
·4· · · · · · MS. AXEL:· Cahoots.
·5· · · ·Q.· ·-- cahoots with the company, Airways,
·6· because you agreed to a new seniority process that
·7· does not include the Nicolau.
·8· · · ·A.· ·We factored --
·9· · · ·Q.· ·Those were your -- those are your words --
10· · · ·A.· ·No, the words are --
11· · · ·Q.· ·No, let me -- let me, let me.· Those are
12· your words and your e-mail on April 25, 2013,
13· correct?
14· · · ·A.· ·Incorrect.
15· · · ·Q.· ·Why?
16· · · ·A.· ·We're not in cahoots with the company,
17· we've acted in concert with the company.
18· · · ·Q.· ·Concert.
19· · · · · · What's the difference?
20· · · ·A.· ·We sat at the table, negotiated, arrived
21· at an MOU with all the parties which provides for a
22· new seniority process.
23· · · ·Q.· ·And you still believe that?
24· · · ·A.· ·Yes.· And that process --
25· · · ·Q.· ·That does not include the Nicolau?
·1· · · ·A.· ·Well, it's neutral on its terms.
·2· · · ·Q.· ·You say it eliminated the -- the
·3· requirement to use the -- the Nicolau.· So how can
·4· that be neutral?
·5· · · ·A.· ·Because the Nicolau award or date of hire
·6· or any other seniority solution and outcome does
·7· not appear in the document.
·8· · · ·Q.· ·Just because it doesn't appear, it's
·9· neutral?
10· · · ·A.· ·Yes.
11· · · ·Q.· ·But the effect of it is -- from your point
12· of view is to take away the requirement to use the
13· Nicolau?
14· · · ·A.· ·Yes, the transition agreement has been
15· amended, that is correct.
16· · · ·Q.· ·All right.· And to set up a process where
17· the majority is going to rule what's presented to the
18· McCaskill-Bond committee?
19· · · ·A.· ·Without any negotiation, yes.
A question, Why would this "stir up a hornets nest" as you say? The T/A is indeed amendable and says so in the current agreement(Not the MOU). It was amended with pilot ratification by all usairways pilots east and west, With the west voting it in at a higher percentage than the east did. The MOU clearly states exactly what the terms are in plain language. It was negotiated by reps that included west pilots and then further endorsed by the independent west legal entity of Leonidas that also recommended an affirmative vote to their supporters. In fact the only group that recommended a no vote on the MOU was a small contingent of EAST pilots via web boards and independent mailing lists that had no official capacity. What is it that you are "stirred up" about? The MOU was not kept secret, the union told everybody to read the agreement and vote based on what was contained in the MOU. If you want to get stirred up I suggest that you go talk to Leonidas, they are the ones that told all the west pilots to vote yes on something that apparently only 2% of them actually read. Are the pilots on the west side such sheep that they will blindly vote for anything that AOL tells them to without even reading it? Now I don't know what Silver is going to do, she seems to be charting unknown waters here, but the 9th will deal with whats contained in the MOU and the fact that the T/A is indeed amendable combined with the fact that all airways pilots got to vote on the MOU. Had the 1600 west pilots voted no combined with the 23% or so of the east 2800 active pilots that voted no, the "amendment of the T/A" aka MOU would not have passed.
 
Do the powers that be want McCaskill-Bond to solve their problems just for the East and west or is there a larger picture?

Ironically I believe American Airlines wants to use the McCaskill-Bond act, that came about because of their poor behavior, to help them in their current situation. Original APA pilots will not complain about it, legal final and binding will be the result without going to arbitration.

http://public.allied...rbitration.aspx
 
Honoring contractual agreements should be the normal state, not the exception. Wouldn't you agree?
question, CG......taking the courts completely out of the picture.... The TA was agreed to by ALPA, which most East pilots were fed up with......we didn't get to vote on it. Also, it's an amendable agreement.....a fluid legal instrument, if you will. However, the MOU (not a fluid document which detailed the items involved) was voted in overwhelmingly, (every pilot in good standing casting a vote) with the West pilots casting a 98% approval. (much more control than having ALPA, a disrespected union play your cards for you) My question.....How can you not see the incongruity in what you claim? breeze
 
question, CG......taking the courts completely out of the picture.... The TA was agreed to by ALPA, which most East pilots were fed up with......we didn't get to vote on it. Also, it's an amendable agreement.....a fluid legal instrument, if you will. However, the MOU (not a fluid document which detailed the items involved) was voted in overwhelmingly, (every pilot in good standing casting a vote) with the West pilots casting a 98% approval. (much more control than having ALPA, a disrespected union play your cards for you) My question.....How can you not see the incongruity in what you claim? breeze
I think you are assuming I made a claim that I likely didn't make. I have said all along that I saw no benefit to filing DFR-II which is at this point still very questionable in terms of ripeness per the Ninth's previous ruling. So where's the incongruity? Where have I ever said pilots should not honor the MOU once it is replaces the current contracts? Where have I ever said the pilots should have voted for the MOU for any reason or another? Where did I ever say a lawsuit at this time and for this reason is the right course of action? Please advise me if I have forgotten that I made such a statement.

What I have asked multiple times is why was there no ability to close out S22 with a stand-alone JCBA using a non-NIC list but suddenly it was all too easy to adopt an MOU that does away with the NIC? How is one agreement legally different from the other in terms of creating a clean slate for USAPA. The Transition Agreement was put in place to transition the two groups and the Company from a separate status into a unified/integrated status that would come with a new joint agreement that would then nullify the TA/LOA93/C2004. The MOU does that at the time of the POR and a stand-alone JCBA would do that subsequent to a Tentative Agreement and ratification. It's all the same end result with two different contractual instruments. So why does the MOU allow for USAPA to escape a DFR while a JCBA does not? It seems there is enough doubt there that the courts will need to sort it out (while everyone still abides by the terms of the current contracts as they are obligated to do so). If the courts say no NIC then no NIC it is. If the courts say NIC, then the NIC it is. Why the angst over letting them do just that? USAPA has repeatedly demanded that the west take them to court to honor their agreement so it's no real shock that that's what is happening now.
 
By the way I would have also supported east pilots challenging the NIC award back in 2007 if it was felt that the NIC had violated the TA or ALPA merger policy. If the challenge was won then great for the east and they got the NIC removed or changed or whatever. The west would have had to move on with that result. If they lost then they should have accepted the loss and moved on to getting a new contract. Spending six years avoiding the question and refusing to abide by the terms of the existing contract is out of bounds in my opinion.
 
Status
Not open for further replies.

Latest posts

Back
Top