USAPA UPDATE
August 6, 2008
Item One: On August 6, 2008, USAPA filed the necessary documents to initiate an appeal in its litigation against AWAPPA and its co-defendants.
As we have previously communicated to the pilot group, the defendants filed a Motion to Dismiss the action based on the argument that the federal court did not have jurisdiction over the matter. Significantly, for the purposes of the defendants´ motion, the federal court actually assumed the truth of all factual allegations, including those paragraphs alleging that the defendants had engaged in criminal threats of physical retaliation, sending excrement in the mail, and criminal acts of electronic and telephonic sabotage. Nevertheless, on technical grounds, the federal court found that it did not have jurisdiction over the sole federal cause of action under the civil RICO statute. The court dismissed the state causes of action without prejudice and granted USAPA leave to file these causes of action in state court.
Instead of filing in state court, USAPA has decided to appeal the federal court's decision. The decision to appeal was based both on our determination that the federal court's technical decision was in error and our desire to pursue the remedies available under the RICO statute, including treble damages and attorney's fees. In short, we believe that the defendants should reimburse USAPA for all costs and fees associated with the alleged criminal activity.
If USAPA prevails on the appeal, the case will be remanded to federal court for further proceeding. If USAPA does not prevail, the applicable limitations period will allow sufficient time to re-file the action in the appropriate state court.
A copy of USAPA's appeal is posted on the Member's Only homepage.
Item Two: ASAP forms continue to have a positive effect on determining the integrity of our flight plans. Please continue to closely monitor the difference between the planned fuel burn and the actual fuel burn and submit an ASAP form when the planned burn was less than the actual burn. Our FAA ASAP Event Review Committee member has requested that the ASAP report be as specific as possible as to why the planned fuel burn was insufficient. Examples may be that the flight plan did not accurately reflect the altitude of the flight, a delayed climb or an early descent, holding, or TRW avoidance. ASAP reports can be filed electronically by using the online Safety Reporting System at www.usair-safety.com.
Item Three: The Board of Pilot Representatives continued their scheduled meeting today in Philadelphia at the Sheraton University City Hotel, 36th and Chestnut Streets. The meeting convened today at 9:00 am and adjourned at 6:00 pm. Tomorrow is the final day of the three day scheduled meeting and will convene at 0900 and adjourn at 1700 or at the conclusion of business.
Today's meeting started with Safety Committee Co-Chairman Captain Larry McCarroll who briefed the BPR on the up-and-coming ICAO Safety Management System (SMS) in which US Airways and other Carriers worldwide are planning to participate. SMS is a way of doing business that incorporates four major pillars:
Policy structure
Risk Management
Safety Assurances (ASAP, FOQA)
Safety Promotion, a just culture
Safety Committee Co-Chairman, Captain Tom Kubik briefed the BPR on the status of ASAP as it pertains to language improvements sought to protect pilots in instances when multiple source reports are submitted. At present, the BPR has not acted on the ASAP program and accordingly, the program continues under the 120 day extension which expires August 21st.
The new Training Committee Chairman, Captain Garry Hummel briefed the BPR on the recent ill-conceived simulator fuel "training" and US Airways' AQP program. In short, Captain Hummel said politics and economics should never be allowed in the “schoolhouse†(Training Centers). He also gave a thorough brief, including a history concerning AQP Training. The US Airways Pilots were one of the pioneer groups who utilized AQP which has been tremendously successful throughout the industry.
Captain Pete Oronato (SWA), President, Coalition of Airline Pilots Associations (CAPA), briefed the BPR on the history and current workings of CAPA. At this time, CAPA Members include the 23,000 pilots of American Airlines, UPS, AirTran, Southwest and ABX. CAPA has been representing pilots for 11 years in many legislative manners such as safety, security, FAA oversight, and foreign ownership. The BPR will be discussing USAPA’s membership options into the CAPA Association.
Communications Committee Vice Chairman, Captain Arnie Gentile, briefed the BPR on a strategic communications plan that will support the Negotiating Advisory Committee (NAC) moving forward. As negotiations intensify, the Communications Committee will work closely with the NAC to provide our pilots with as much information as possible.
To conclude the day, the Negotiating Advisory Committee (NAC) briefed the BPR on the progress of negotiations including a brief history from the start of negotiations on June 16th.
The following sections have been completed:
Section 6 - Moving Expenses
Section 9 - Misc Flying
Section 15 - Physical Exams
Section 16 - Worker's Compensation Benefits Section 17 - Missing,, POW or Hostage Benefits
The following sections have not been passed by USAPA:
Section 1 - Scope
Section 3 - Compensation
Section 13 - Leaves
Section 22 - Seniority
Section 25 - Scheduling
Section 26 - General
Section 30 - Duration
Sections not yet passed by Company:
Section 14 - Sick Leave
Section 27 - Health & Welfare
Section 28 - Retirement
The following Sections are currently being discussed:
Section 4 - Pay Guarantees
Section 5 - Expenses
Section 7 - Vacation
Section 8 - Deadhead
Section 10 - Covered Pilots
Section 11 - Training
Section 12 - Hours of Service
Section 14 - Sick Leave
Section 18 - International
Section 19 - Discipline
Section 20 - Grievance
Section 21 - System Board of Adjustment
Section 23 - Furlough and Recall
Section 24 - Filling of Vacancies
The next scheduled negotiations with Management are the weeks of August 18th and September 15th. Also today, in executive session, the NAC discussed specific details concerning furlough mitigation proposals. In addition, the BPR is looking closely at APA's recently filed lawsuit which, if successful, would permit APA to recommend that their pilots not fly any additional voluntary hours in order to mitigate furloughs.
