US Airways ALPA MEC Cairman's Message - June 26, 2007

[USA320Pilot]

MEC CODE-A-PHONE UPDATE - June 26, 2007

This is MEC Chairman Jack Stephan with a Chairman’s message to the pilots for Tuesday, June 26, 2007.

Today we took a big step in protecting the interests of the US Airways Pilots by having the Washington DC Labor Law firm of Baptiste & Wilder file a complaint in the Superior Court of the District of Columbia seeking to have the Nicolau Award vacated and overturned. It is our judgment that this action is necessary to protect the legitimate interests of our pilots under the rules and policies of the Association. A copy of our complaint and a letter I wrote to Captain Prater informing him of our litigation will soon be posted on our website.

Accordingly, we have asked ALPA International to adhere to their stated policy and remain neutral in this seniority integration dispute, while attempting to facilitate a settlement between the two pilot groups. In addition, we asked that ALPA International deny any requests from the AWA MEC to release the Nicolau Award to US Airways, while its validity under ALPA Merger Policy is being determined by the Court. We advised them that to do otherwise would constitute a serious breach of ALPA’s neutrality and doom any attempts to solve the issues facing these two pilot groups.

Although we are now pursuing litigation as a means to protect our interests, I reminded Captain Prater that we stand ready to fulfill the May 24th Executive Council resolution that encouraged both MECs to “explore consensual approaches that promote career protection and mutual success.†As I have said many times before, agreeing to this process does not change our position before the Executive Council and our strategy with regard to overturning the Nicolau Award.

In regards to the video released on June 22nd to all ALPA pilots, I was extremely disappointed in the script for its cavalier portrayal of the US Airways Pilots’ position and more importantly, its omission of any supporting facts for our position. That was in contrast with the manner in which the video clearly defined the America West position, albeit a much simpler thing to do. If ALPA International truly wants all ALPA pilots to have an understanding of the issues confronting the US Airways and America West pilots as they stated, then their communications must clearly define the issues of both parties and the precedent-setting effects that the resolution of these issues will have for this union moving forward.

From the onset of our request to the Executive Council, we have repeatedly expressed that we are not just simply dissatisfied with the arbitrator’s decision; that, in fact, it is our position that the Nicolau Award violates the basic tenants of ALPA Merger Policy. The notion that the award is “not to our liking†trivializes the very real objections we have to the entire Nicolau debacle and clearly doesn’t provide our sister and brother ALPA pilots an accurate understanding of the situation. The video also emphatically states that what the ALPA Officers and Executive Council “must do†is to enforce and implement ALPA policy. We agree! That is exactly what we are asking the ALPA International leadership to do.

We signed on to this arbitration in full anticipation that ALPA Merger Policy would be complied with. Once the Nicolau Award broke the rules, which the US Airways Merger Committee’s presentation to the Executive Council clearly demonstrated, the sanctity of the process was violated. To force the issue otherwise conflicts with ALPA policy and flies in the face of what all unions should stand for.

You have my commitment that we will continue to leave no stone unturned in righting the wrong of the Nicolau Award. I ask that you continue your professional conduct and stay informed. We will need the support of all our pilots moving forward.

The US Airways MEC remains singularly focused on protecting the careers of the US Airways pilots.

Please continue to look out for each other, follow our “Three Prong Approach,†and as always, fly safe and thanks for listening.

 

[autofixer]

Wow! I actually support something the MEC has done.

 

[exB717Flyer]

As somebody whose been part of a lawsuit against ALPA for the past five years, I say good luck. Well, actually, I don't really want the suit to succeed but you know what I mean.

 

[CaptainZitface]

Wow! I actually support something the MEC has done.

Interesting how this announcement came out even before the rank and file heard what the results of today's EC meeting were.

It really is the only logical thing they can do, and was probably suggested by ALPA National. As long as this is tied up in court, they have something to pacify the "decertify ALPA" masses with. Although case history is not in their favor (see the thread: "Does this sound familiar")you never know for 100% which way a judge will go.

As long as it is in court, no joined flight operations. So, WWDD? (What will Doogie do?)

 

[USA320Pilot]

The lawsuit now puts everything on hold, stops EC action, and allows the East pilots to continue to benefit from their attrtion. In addition, it maintains both the US Airways and AWA pilot's career expectations because each party keeps their current and pre-merger domicile flying while the case proceeds.

Also noteworthy, the suit stops the company's merger integration process.

Regards,

USA320Pilot

 

[Piedmont1984]

The lawsuit now puts everything on hold, stops EC action, and allows the East pilots to continue to benefit from their attrtion. In addition, it maintains both the US Airways and AWA pilot's career expectations because each party keeps their current and pre-merger domicile flying while the case proceeds.

Also noteworthy, the suit stops the company's merger integration process.

Regards,

USA320Pilot

I will have to admit, I find myself in a bit of a quandary. Need to do some more research, but if this lawsuit has legal merit, and it is not simply a delay tactic, then I may need to hedge my bet.

That is to say, continue to support decertification, while at the same time taking a wait and see attitude with respect to our MEC.

Also, what ALPA National decides today is crucial. I expect bad news.

 

[N924PS]

The lawsuit now puts everything on hold, stops EC action, and allows the East pilots to continue to benefit from their attrtion. In addition, it maintains both the US Airways and AWA pilot's career expectations because each party keeps their current and pre-merger domicile flying while the case proceeds.

Also noteworthy, the suit stops the company's merger integration process.

Regards,

USA320Pilot

Which is not necessarily a good thing, if you look outside the tunnel you've been operating in since the Nic Award.

With the company parking aircraft because of lack of crews, and the West also understaffed because of no hiring during the merger process I see nothing good about the way this is headed.

As B717 suggests, this will only put money in some law firm's pocket at both sides expense as it drags on for years. Another assessment perhaps?

Sure would like to see the number of East upgrades that will actually occur because of this delaying tactic.

A career expectation is only good until the end of each and every day an airline is in business. As 9/11 demonstrated, things can change on the turn of a single event.

Don't be surprised if you see more and more flying shifted West. Already HP Metal is flying most of the transcons, CLT-Florida, etc. Not an even exchange with the East from what I can see.

 

[BoeingBoy]

stops EC action

Interesting that Jack still felt the need to ask "that ALPA International deny any requests from the AWA MEC to release the Nicolau Award to US Airways,while its validity under ALPA Merger Policy is being determined by the Court."

Jim

 

[USA320Pilot]

The purpose in asking ALPA National "that ALPA International to deny any requests from the AWA MEC to release the Nicolau Award to US Airways, while its validity under ALPA Merger Policy is being determined by the Court" is an attempt to reach a consensual agreement per the May 24 EC resolution instead of court action.

As I indicated a few days ago, there was going to be legal action and I now understand there is a legal precedent to support the US Airways pilot's position.

Furthermore, there are now confirmed by email receipt secret negotiations unfolding between the AWA MEC and the Company regarding the furlouhged US Airways pilots working at AWA and their longevity or tenure. Hummm??? I wonder why?

More on this later as the US Airways MEC's strategy continues to unfold, which will not be made public prematurely on this website.

N924PS, there is no tunnel vision here because I understand as much about this as anybody who has not been involved in detailed "closed session" MEC strategy meetings.

Regards,

USA320Pilot

 

[Bear96]

The lawsuit now puts everything on hold, stops EC action, and allows the East pilots to continue to benefit from their attrtion. In addition, it maintains both the US Airways and AWA pilot's career expectations because each party keeps their current and pre-merger domicile flying while the case proceeds.

Also noteworthy, the suit stops the company's merger integration process.

Regards,

USA320Pilot

How does simply filing a complaint do all that?

 

[700UW]

It doesn't, no TRO nor an injunction has been issued.

Watch the West MEC force ALPA National to file for an injunction to get the award enforced.

East is way stupid.

 

[aquagreen73s]

The lawsuit now puts everything on hold, stops EC action, and allows the East pilots to continue to benefit from their attrtion. In addition, it maintains both the US Airways and AWA pilot's career expectations because each party keeps their current and pre-merger domicile flying while the case proceeds.

Also noteworthy, the suit stops the company's merger integration process.

Regards,

USA320Pilot

What all this means is that the AAA MEC is desperate. They sense that the hour is near that ALPA will continue with its contactual obligations and forward the list to Parker. The only way out is a temporary stay, like a last minute appeal to the US Supreme Court for a death row inmate, to keep the inevitable from happening.

There are two very very big obstacles facing the AAA Hail Mary: one is jurisdictional, the other is the nature of the relief they are calling upon the distict court to grant.

First off, the jurisdictional problem. What you seem to believe is that filing a claim in federal court somehow results in an injunction, a stay in the proceedings. It doesn't. The Federal Judge's discretion to hear an appeal to overturn an arbitration award is very very limited. AAA will have to allege a specific claim(s) which gives the district court jurisdiction. Now you're talking about fraud, conflict of interest, duress, etc. None of that is present nor was any of it raised by any of the parties. Without knowing exactly what's in the claim, however, it's impossible to know how long it will take the court to dismiss the complaint. If the complaint on its face alleges no acts by the arbitrator which would trigger the court's jurisdiction, then the complaint will be dimissed within a day or two, if not hours and it will be dismissed without any response from any other party. If AAA does allege some sort of misfeasance by the arbitrator which would trigger jurisdiction, then the judge will probably wait for some sort of reply from the other party. But we don't even know who the other party is - Nic, the NMB, ALPA, or all three? Furthermore, the judge can surely ask for and peruse the award itself and that's where the it's game over for the complaint because the award process is of virgin sanctity. What's more, one of the other parties could certainly file a counterclaim against AAA refuting the allegations and asking for the dismissal of the AAA claim with prejudice.

The second issue is the nature of the relief sought. It sounds like AAA wants the judge to rule on the substance of the award. That isn't going to happen - he flat out doesn't have the jurisdiction to do that. What he can do, like I said above, is vacate the award when one of the statutory conditions are met (fraud, etc.) Then it would be possible enjoin the implementation of the award but again, ain't going to happen in this case.

I'd suspect the AAA claim is asking for an injunction which will be DOA as well. One, they submitted to a binding arbitration process. Two, the record in that process does not reflect any objection or problem with how that process was conducted. Finally, the law is clear that equity will not enjoin a privileged or lawful act. Here, the whole process is wrapped tightly in a blanket of compliance among all the parties. There is nothing "wrong" or "illegal" that would cause irreparable harm to the AAA pilots. Another problem with the injunction route is that it would clearly affect third parties. Injunctions will not issue unless the plaintiff can show that an injunction will not adversely affect the interests of third parties. Here, there's all sorts of third parties which would be adversely affected - namely the company.

 

[Junebug172]

The lawsuit now puts everything on hold, stops EC action,

Also noteworthy, the suit stops the company's merger integration process.

Regards,

USA320Pilot

Can you please please tell me who is feeding you this stupidity?

 

[pilot]

Perry Mason here is smarter than the law firm the East MEC just hired!

I guess the East should just give it up. No doubt all the AWA boys on here know way more than anyone else.

Yep, East is screwed. No doubt about it. Perry (Aquagreen) Mason just said so.

pilot

 

[aquagreen73s]

Perry Mason here is smarter than the law firm the East MEC just hired!

I guess the East should just give it up. No doubt all the AWA boys on here know way more than anyone else.

Yep, East is screwed. No doubt about it. Perry (Aquagreen) Mason just said so.

pilot

Believe what you want to if it makes you feel better, but it won't change reality. Your complaint cannot survive on its own. Rather, the only way its lifespan might be measured in weeks instead of days or hours is how ALPA and the West choose to respond. There isn't any reason for either party to lift a finger in light of what the district court will probably do, which is dismiss.

As to the efficacy of your firm filing the complaint in the first place, I've never met a lawyer who would refuse work from a client dumb enough to be billed for work that will produce nothing. Even though the reply brief could be written by a law student because the grounds for dismissal are that clear, I suspect your firm was happy to bill ten, maybe twenty grand just for your claim. The only thing which really limits a lawyer from filing a claim is Rule 11 of the Federal Rules of Civil Procedure. There, the only limit is where an attorney files a claim without substantial justification, then sanctions could ensue. This means that when a claim constitutes harrassment, is groundless, or not made in good faith could result in an attorney being sanctioned. Courts are pretty liberal, however. If there is any subjective belief that a colorable case for the claim exists, then Rule 11 won't be a problem for the attorney, especially in a matter like this. So don't make the mistake of believing that the simple act of filing a claim by your paid attorney somehow amounts to having valid claim. It doesn't.