Nov/Dec 2013 Pilot Discussion

[Claxon]

Sure, hard work never hurt anyone. But why risk it?
 
His signature line explains his sense of entitlement.

He is referring to your group, you know- the ones who quote Ronald Reagan, yet want to leapfrog another man who worked the job years before you were even around. Probably in grade school in many cases.
Get in line. It is the American way.

 

[snapthis]

He is referring to your group, you know- the ones who quote Ronald Reagan, yet want to leapfrog another man who worked the job years before you were even around. Probably in grade school in many cases.
Get in line. It is the American way.

I'm referencing the East pilots who formed a union to cheat arbitration.
 
The arbitrator heard the arguments and determined no windfalls such as replacing actively flying pilots with furloughed pilots.
 
That would equate to a third of the acquired airline's (US Airways) pilot force.
 
How about getting in line and quit trying to justify your evasive behavior.

 

[Claxon]

I'm referencing the East pilots who formed a union to cheat arbitration.
 
The arbitrator heard the arguments and determined no windfalls such as replacing actively flying pilots with furloughed pilots.
 
That would equate to a third of the acquired airline's (US Airways) pilot force.
 
How about getting in line and quit trying to justify your evasive behavior.

 
Nice try united alpa pilots.  
 
"In recognition of their efforts it was not been an easy task, I
could not conclude this Opinion without thanking Captain Brucia and
Captain Gillen for their immeasurable guidance and assistance"
 
geroge nicolau

 

[snapthis]

 
Us Airways, America West Seniority Dispute rough draft timeline
2005-2006  US Airways, United in merger talks
2005 Us Airways, America West merge
May 2007  Arbitrator George Nicolau pilot seniority award was issued.  The award was written with the assistance of two ALPA pilot neutrals, Steve Gillen United Airlines Pilot and  Jim Brucia former Continental pilot now United Airlines Pilot.
2007 Us Airways pilots ask ALPA to review the award.  ALPA president  John Prater, former Continental pilot now United Airlines pilot, assigns ALPA vice president Paul Rice, United pilot,  to review the award.
December 2007,  Paul Rice, United pilot, delivers seniority list to Us Airways.
2007  A group of Us Airways pilots start a drive to start their own in house pilot union.
March 2008  ALPA puts the Us Airways ALPA Mec in trusteeship.
April  2008  In a National Mediation Board sanctioned election, Us Airways pilots oust ALPA and vote in USAPA as their official pilot representative.
May 2008  United calls off merger talk with Us Airways.
June 24, 2008   United Airlines starts furloughing pilots that will eventually lead to 1450 pilots at United on the street.  Had a merger occurred using the Nicolau award derived with the assistance of United pilot neutrals,  Us Airways pilots would have suffered the brunt of the furloughs and few United pilots would have been affected.
2008  America West pilots sue for DFR against USAPA.
2009  2010 US Airways and United restart merger talks.
April 2010  United Us Airways end merger talks.
June 2010  The 9th circuit court rules in USAPAs favor.

What happened before 2 of the 3 justices said the case was not ripe? Guess what, it's ripe now.

Here's the part you left out.

Court finds USAPA Breached Duty of Fair Representation to Former America West Pilots
by:
Ford & Harrison LLP - Atlanta Office
August 21, 2009

A federal court in Arizona recently entered an order requiring the US Airline Pilots Association (USAPA) to negotiate in good faith for a single contract including an arbitrated seniority list for all 5,200 pilots at US Airways following the airline's 2005 merger with America West. See Addington v. US Airline Pilot's Ass'n (July 17, 2009). The court entered the order after a jury found that USAPA breached its duty of fair representation to former America West pilots by abandoning an arbitrated seniority list in favor of a date-of-hire list.
This case arose out of the 2005 merger of America West with US Airways. At the time of the merger, there were approximately 5,100 pilots on the US Airways seniority list ("East pilots") and approximately 1,900 pilots on the America West seniority list ("West pilots"). Both pilot groups were represented by ALPA from the time of the merger until April 2008.
ALPA's merger representatives were unable to reach an agreement on integration of the pilot seniority lists and the issue ultimately was submitted to an arbitration panel. The arbitration panel's award placed 500 senior East pilots at the top of the list because of their experience with wide body international aircraft that America West did not operate before the merger. It placed approximately 1,700 East pilots who were furloughed at the time of the merger at the bottom of the list because of their diminished career expectations. Then it blended the remainder of the East Pilot list with the West Pilot list generally according to the relative position of the pilots on their original lists.
After the arbitration award was issued, a group of East pilots who were unhappy with the award formed USAPA. USAPA was certified as the representative of the East and West pilots in April 2008. In September 2008, USAPA submitted a seniority proposal to the airline, which was substantially less favorable to the West pilots than the arbitration award. The company continued to operate under two seniority lists and furloughed approximately 175 West pilots who would not have been furloughed under the terms of the arbitration award's seniority list.
Subsequently, six furloughed West pilots sued USAPA alleging the union breached its duty of fair representation. Ruling in favor of the pilots, the court found that USAPA breached its duty of fair representation because its sole object in adopting and presenting its seniority proposal to the airline was to benefit the East pilots at the expense of the West pilots. The court held that USAPA failed to prove that any legitimate union objective motivated its acts.
Rejecting USAPA's argument that the pursuit of date-of-hire seniority principles automatically legitimates its actions, the court noted that the significance of date-of-hire seniority varies from one labor negotiation to the next. Here, the court found that the union's "date-of-hire agenda is just a means of changing the arbitrated outcome for no purpose other than to favor the majority."
Further, the court held that that the union's claim that its seniority proposal was necessary to get a single CBA was pretextual, finding that the evidence showed that any asserted impasse was a pretext for bare favoritism of the East Pilots. Additionally, court held that even if an impasse did exist, it would not justify USAPA's actions as a matter of law. "Majority opposition does not defeat the duty of fair representation; the duty exists to restrain the majority."
The court entered an injunction ordering USAPA to make all reasonable efforts to negotiate and implement a single CBA with US Airways implementing the arbitration award seniority proposal and to defend the seniority rights arising from the arbitration award. Additionally, the court prohibited USAPA from negotiating for separate CBAs for the separate pilot groups.

 

[Res Judicata]

He is referring to your group, you know- the ones who quote Ronald Reagan, yet want to leapfrog another man who worked the job years before you were even around. Probably in grade school in many cases.
Get in line. It is the American way.

It's impossible to "leap frog" over an UNEMPLOYED Scab.

 

[Claxon]

What happened before 2 of the 3 justices said the case was not ripe? Guess what, it's ripe now.

 

Why do you not take this to Judge Silver for a declaratory judgment,  oops..., never mind the company already did and it was in favor of USAPA.

 

[Claxon]

Strength through attrition for East pilots.  west pilots have not moved since early 2008.  Oh, my mistake, they did move from LAS to PHX based pilots
 
To: US Airways Pilots - West
From: Donna Bamonte, Manager - Pilot Training Scheduling
Date: 01/31/08
Re: Training Dates for 2007-01 - Revision 3
A320 PHX
 
A320 LAS FO AWARD CURRENT NEW Training Training
 
Name                                        P#     Sen. #            BASE BASE       Course #                     Bid Start Date
 FERGUSON, ERIC              P2969 1574 A320 FO PHX LAS          Dom2007-01                   10/01/2007
 GRYCEL, FELIX                  P3069 1702 B737 FO PHX LAS          Trans 2007-01                03/04/08
 STOECKMANN, VICTOR     P3069 1711 B757 FO PHX LAS         Trans 2007-01                 03/18/2008
 MCILVENNA, JOHN              P2069 1027 A320 CA LAS PHX           Dom 2007-01                 06/01/08

 

[Claxon]

It's impossible to "leap frog" over an UNEMPLOYED Scab.

"

 
"Then airline flying as I knew it died. The company and people
I "grew up" with was no more. Oh sure, I got a job with America
West in PHX along with 15-20 other Frontier pilots but it was
sickening after working with such a company of professionals at
FAL to have to wallow in an operational pig pen who thought
they (AWA) had all the answers.
 
The only saving grace initially was all of the FAL pilots
encouraged and supported each other through the humiliation we
were subjected to. We were told that FAL failed because of our
unions and a whole lot of other ridiculous accusations.
(Remember AWA started out with 31 scab Wien pilots as their
initial base of pilots)
 
To make a long story short most of the FAL pilots just kept our
mouths shut and our dignity, and supported each other. I made
it 14 years there, twelve as a captain and the last 3 as captain/
check airman before forced to retire medically.
I will always appreciate the Frontier family. I feel fortunate to
have worked for a real airline and with a group of people
unequalled in the airline industry."
-
 
Glenn Stephens, Shell Knob MO

 

[luvthe9]

It's impossible to "leap frog" over an UNEMPLOYED Scab.

Such an angry boy. Just remember we saved you from "Project Zanzibar".

 

[Claxon]

A former PHX  Management pilot took these from a company computer and gave it to a friend. (sarcasm)
 
To: US Airways Pilots - West
From: Donna Bamonte, Manager - Pilot Training Scheduling
Date: 01/31/08
Re: Training Dates for 2007-01 - Revision 3
 
A320 PHX FO AWARD
 
KOONTZ, JEFFREY P2569 1241 B737 FO PHX PHX Trans 2007-01 01/21/08

 

[Phoenix]

I must have missed it. But I haven't seen the letter ...

 
 
Don't worry.  After they "play" the reps (who are in favor of asserting the certified bargaining agent's responsibilities and rights), a hero will announce his masterful foresight to take credit for "playing" things his way again.  

 

[Phoenix]

It's impossible to "leap frog" over an UNEMPLOYED Scab.

 
 
You are living in the past, and you need glasses.   

 

[Phoenix]

What happened before 2 of the 3 justices said the case was not ripe? Guess what, it's ripe now.

...

 
 
What happened the last time an AZ judge had a trial on their assertion it was ripe?   
 
Careful..... Think about it slowly....
 
...the DJ was ripe...

 

[Claxon]

aol fergie campaign video. You can learn a lot from this 2004 awa new hire and his former deliverance banjo player assistant.  (sarcasm)
 
http://www.youtube.com/watch?v=wVu9GhaJZcQ
 
at 3:01 into the video koontz makes it clear. " Count 2 of the declaritory judgment, USAPA has to prevail" and they did.
 
"IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
US Airways, Inc.,
Plaintiff,
vs.
Don Addington, et al.,
Defendants.
))))))))))
No. CV-10-01570-PHX-ROS
AMENDED JUDGMENT
(to add description of class)
Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012."
 
Judge Silver
 
http://www.youtube.com/watch?v=wVu9GhaJZcQ

 

[Res Judicata]

Such an angry boy. Just remember we saved you from "Project Zanzibar".

"Please Remember we have 1879 pilots on furlough"
 
 
Sound Familiar?