Okay, let us start from the beginning.
http://www.planebusiness.com/buzz/awausapa.pdf
We will work our way forward when you announce that the Rico was lost in appeals. At that time I will send the judges order, allow me to paraphrase now, "That although the acts are illegal in other courts, it does not fall under the Rico statute"
Ready, begin.
OK, I'll bite: Another defeat for "tyranny of the majority"
Source:
http://cactus18.typepad.com/the_cactus_18/2010/07/fourth-circuit-rules-we-win.html
July 30, 2010
On May 30, 2008 a RICO law suit was filed against me and 23 other America West pilots by our new union Us Airline Pilots Association. After being dismissed from federal court with prejudice without even going to trial. The case was so poor the judge would not even let them try again. USAPA than filed an appeal in the Fourth Circuit court of Appeals in Richmond.
Today 26 months later we finally have our answer. The Fourth Circuit in a unanimous decision upheld or affirmed the district court. This is a tremendous win for all of the Cactus 18 today. Hopefully this will put an end to the vicious and unfounded attack that the leadership of USAPA has aimed our way. Unfortunately I fear that this case may not be over.
USAPA is under pressure to deliver a contract and after two years of telling the pilots that we were criminals and had done something wrong. After spending upwards of $300,000.00 of pilot dues money they have nothing to show for it.
This is the response that the Communications Chairman put out after their loss.
Fourth Circuit Court of Appeals in Richmond Affirms Dismissal
Today the Fourth Circuit Court of Appeals in Richmond, Virginia, issued its ruling on USAPA's appeal of the dismissal of its lawsuit brought in 2008. USAPA filed the suit, alleging violations of the RICO Statute, against certain pilots who were alleged to be engaged in an overt attempt to deny all US Airways pilots their right to collectively bargain by attempting to destroy our union and performing other harmful and destructive acts to disrupt the union’s ability to perform its representational responsibilities. The appeals court today affirmed the dismissal. Attorneys for the Association are reviewing the ruling presently for potential next steps.
Even after losing twice in two different courts in their own backyard these guys still can not admit they were wrong and let it go. The right thing to do would be to apologize and maybe even offer to pay our legal fees for this ordeal. But in typical fashion USAPA threatens to continue the attack and division.
Since this case went to appeal USAPA has been threatening to file in State court of North Carolina if we did not accept some lame settlement deal and admit quilt. It is extremely hard to admit guilt to something that none of us did. Now the courts support that truth, we did not engage in any RICO activity.
The Cactus 18 will have little choice but to defend ourselves again. But unlike last time when we had to educate our pilots on the evil that was being done and explain that we truly were innocent. This time we have the full support of the entire west pilot group and we are beginning to gather support from the east line pilot also. If the USAPA leadership decides to continue on this ill-advised campaign we will go on the offensive and counter sue.
Currently our lawyers are investigating the possibilities of legal action to recover our costs. But if USAPA decides to make the fatal mistake of filing any further legal action we will be forced to not only collect damages but punitive damages also.
A malicious intent law suit would cost this union and the people responsible a load of money.
To bring this journey to an end I want to thank the other Cactus 18 member and the AWAPPA guys. We all stuck together through some extremely critical decisions at any time any of us could have caved in to the pressure and taken a dangerous deal. But we all stuck together and rode out the storm. I would also like to thank my fellow west pilots that supported us during the case. Your words of encouragement and financial support were critical in our success. Also I would like to thank everyone that took the time to read this blog. Hopefully it explained what was going on with this case as it is difficult to do in a short amount of time.
Thank you all.
