Yes in their capacity as Union representatives, consistent with what I've been saying, they are suing the Union for a decision the Union made. The "union" includes locals, Committees and the International.
Well this whole debate is about opinion, legally the Union can pawn the costs off on their members, the law allows it, the Constitution allows it and everyone is entitled to have their opinion on what they think is the right thing to do. Saying "your wrong" is an immature cop out.
Didn't the other Unions end up with more shares per person than we did? Didn't the APA lose a larger value than we did, therefore getting a larger return? Didn't the APA get a smaller percentage than we did and have a payout based on earnings? Didn't the APFA disqualify more Members than we did, like those on ID or on an overage leave? Didn't the other unions also put aside a percentage of the Equity to pay expenses? Yes, to all.
They also didn't end up dead last in the industry. We went in at the bottom with a Pension and retiree medical and came out still at the bottom without a pension, without retiree medical (and still without the things we gave up in 2003 to "save" those items that our peers who went through BK kept) and work-rules that even Delta would not impose on their non-union mechanics. So in light of the superior performance of their Unions its not surprising that their members didn't mind absorbing those costs. Our performance both before and during the C-11 process was abysmal. You're changing the subject, as you usually do when losing an debate.
li·a·ble (lī′ə-bəl)
adj.
1. Legally obligated; responsible: liable
Who said anything about Guilt or wrongdoing? Once again, the discussion is whether or not the Union should pick up the legal; fees , which there will be even if it is thrown out, or should the members be forced to absorb those costs by getting less equity? Semantics...anyway you put it the Members will be paying the freight, either with Equity, dues or a special assessment. Your true objective is to have someone else pay some of the freight in order to us to keep more to ourselves. If the International pays it, then that means the 100K Members contribute towards it rather than just those in AA. If that's what you want, then just say it. Since everyone worked so hard to eliminate the airline folks from the International, what are the chances that the Transit folks will want to help pay the freight.
The Union took on the responsibility of being our representatives during the equity process. They had no choice, since the airline was the entity that took us into bankruptcy making the TWU as creditor.
They didn't ask, they stepped right in, hired who they wanted to and appointed who they wanted to. And unlike the APA or APFA those who made those decisions were not voted into office by the people they represent at AA. Then the International delegated the decision making process as far as eligibility to the Equity committee, was it the right thing to do? Yes. But they are still 'responsible" -since you do not like the other word, for the results of that committee. As I said before, Little could have stepped in at any time, he was never bashful before such as with the "Without further ratification" move back in 2003. They cant delegate out 'responsibility" for the decisions made by "the Union", and they should not relegate out the costs associated with those decisions on the members. YOU, more than anyone would rail when a decision was made without consultation from the Presidents. NOW you want them to do exactly what you complained about? Since you didn't like the decision made by the Equity Committee, which was made up of Local Presidents, it is now Little's fault because he didn't act like a dictator? And after they all left, was anything changed? It could have been.
My objection is that we paid for representation, they made the decisions, not saying I disagree with them, but right or wrong they made it as representatives of the Union, the cost to defend that decision should also be borne by the Union. You may not agree, but you have not put anything forward of substance that validates your opinion of what is the right thing to do to, obviously nothing I've said will change your opinion, but then again I don't really care what your opinion is I just wanted you to put it out there, as I did, and let the readers come to their own conclusions and my opinion, is that more people that read this will agree with me than with you. I haven't put any thing of "substance" to validate my opinion? YOU get to determine whether an argument against YOUR contention has substance? C'mon, that doesn't even pass your own twisted sense of logic. The mere fact you've been dancing around this subject matter with little 'ol me, gives it substance and credence.
So here is my summation of the debate;
I said the Union should pay the legal fees because these fees are the direct result of decisions made by the Union and we pay them to do this for us. The legal fees, one way or another comes from our dues. Your argument is really that the fees or expenses should be shared by all the Members of the TWU in order to dilute our exposure. Don't dance around it, just say it.
You say the members should pay because equity has nothing to do with the CBA and that's how other Unions did it. -(But the TWU is the only Union being sued) The APA was taken to an Arbitration by their Members who disagreed with their process. The APA won that Grievance. As far as the lawsuit, anyone can sue for just about anything. The test will be when the decision is made and I believe it will be dismissed because those suing didn't follow the internal process to dispute their claims, it can also be that it could be dismissed because of the merits of the arguments made by the plaintiffs...which they don't have.
You also said that the members should pay because the Locals cant afford to pay and the other divisions wont allow International funds to be used, you also said that the refund AA sent the Union belongs to other divisions of the TWU. Never SAID any of this. It is the interpretation of statement made. I never said the Members should pay because the Locals can't afford to. You made the claim that the Locals weren't sued, I corrected that statement since one of the suits mentions the Locals and if some of them are held liable, then it could bankrupt them. Your response was to just raise the dues. The funds being returned from the BK will reimburse the International AND the Locals for their expenses related to the BK. You suggested they be used to pay for the Equity expenses.
You also said that the Unions aren't guilty of anything so they are not liable for the decisions that the Union made. That doesn't even make sense.
Legally the law allows them to do what they are doing, but that doesn't mean we have to agree with it. You agree with taking members equity shares to pay these expenses, I don't. I feel we have lost too much already at the hands of Little and Videtich and this is salt in the wound. We pay higher dues now for a contract that's even more inferior than the 2003 agreement. These costs should come out of the equity that we built up in the Union treasuries, not from our Equity stake that we were given in exchange for one years worth of concessions on a six year deal. I have to give you credit. If we would just have followed your guidance and gone into liquidation instead of agreeing to this CBA, we wouldn't be here arguing about a few dollars. And on the other hand, since we didn't listen that time then it was a great idea to consolidate the Locals since some were in financial straits and would not have been able to afford what you now suggest to be done. Since 591 is in better financial shape, they would be in a better position to pay these fees and even raise dues....something that was avoided when the new 591 gave themselves raises. (I presume that raise came from Members dues)
Either way, its the members money right?
I apologize, I went off topic...didn't I. =)