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US Airways Pilots Labor Thread 12/16-22

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Last week there was a discussion about the RICO suit filed against 18 individual west pilots. Why had that suit continued and why was USAPA being so aggressive in pursuing the case? These are updates from the USAPA web site. USAPA’s own words. Some east pilots for whatever reason chose to accept USAPA at face value instead of looking at the facts themselves.

These are the charges. The entire amended complaint is available on USAPA litigation library doc 39 June 13,2008. Read the whole thing. Then read the doc’s 78 June 24, 2008 that is the motion to dismiss. Doc 97 July 11, 2008 the judge’s ruling dismissing the case. Read for yourselves if USAPA was truthful with you about why this case was dismissed. The technical reason the case was dismissed was because it came nowhere near meeting any legal standard. That is why it was dismissed with prejudice.

USAPA said that the reason they filed was to make the activity stop not to punish individuals. If that is the case why on July 13 and July 30 did USAPA say that it has “significantly dropped off†and “the criminal activity has ceased.†Why file a 70 page appeal if the activity has stopped? Ask your leadership what the document cost? Figure somewhere between $500-$700 per page as an estimate. Do the math on all the paper filed so far in the four law suits involving USAPA.

Now go and read the appeal filed on November 7. Compare that appeal to the original complaint. Very little mention of any of the original†criminal activityâ€. What Seham did mention was the Nicolau award 18 times. What does the Nicolau award have to do with extortion and RICO? The answer would be that is the true reason that USAPA filed the suit. To intimidate individual west pilots.

It is now December 16 the response to the appeals were filed November 24. Why are those documents not on the litigation library for you to read? If USAPA is being open and honest why are they not there?

If the appeal is dismissed what was the point of this entire exercise? To intimidate west pilots? To waste union funds? To get Seham and his firm a couple hundred thousand dollars? Ask what it did not do. Did it create unity among the pilot groups? Did it show that the east leadership was really conceded about representing the west? Some have said that they what to be repaid for the “damagesâ€. Read the complaint. The “damages asked for are almost $5 million dollars from each individual. Somewher over $90 million total. A bit excessive I would say.

Next is the issue of the “low cost deal†This deal involved falsely testifying against the others and paying anywhere between $1000 and $1500 for the people that made phone calls. Again a bit excessive for a phone call. According to the LM-2 filing in September the cost for phone service was $5000 per month. I would assume that is a negotiated flat fee for all phone service. Not a per call basis. So what additional cost did USAPA incur? None. Get the facts, stop blindly following a group that is leading you down the road to nowhere.


President’s Message
Sunday, July 13, 2008

USAPA must now determine whether to appeal the district court’s decision and/or file a complaint “in the appropriate state court.†The Association’s decision – and the pace at which any future litigation proceeds – will be heavily influenced both by the level of criminal sabotage activity and the defendants’ commitment to refrain from such activity in the future. USAPA is happy to report that the weeks following the filing of the lawsuit saw a significant drop off in telephonic and electronic sabotage. Unfortunately to date, the defendants have uniformly declined to make a binding commitment to refrain from the use of criminal and otherwise unlawful tactics in the future.

DCA Base meeting update July 30, 2008

The lawsuit against the illegal attacks on USAPA was mentioned next. The lawsuit was well thought out and is only to protect the pilot group not to harm individuals. USAPA was the victim of criminal activity. The group called AWAPA has publically announced their intent to destroy us. A Federal court dismissed our current court action on a technicality related to jurisdiction but in the meantime, the criminal activity has ceased. Legal counsel believes that there are grounds for an appeal, and the BPR will be taking this up in their next scheduled meeting.
 
I think Judge Wake will give explicit instruction on how the Nicolau arbitration should be handled, so even Doug & co. would be clear on what they must do...whether there is a union or not.


Kinda funny how you missed the whole point.. just as long as you can envision the way to keep NIC... you seem to be OK with the notion that there is no contract without a CBA.. yet without a CBA there would be nothing preventing Dougweiser from having everyone under a Mesa contract. If someone is willing to live under Mesa as long as NIC lives, what windfall would make up for that? :rolleyes:

Hint: Try to find an East pilot willing to live under Mesa rules in exchange for DOH. Who sees a windfall?
 
Hey, Phoenix...aint that the truth...I can fit an envelope in "glovebox"....and I gave up my clubs awhile back...(lost too many balls anyway...)

However, nothing compares to the sound of 435 HP at ground level. ( Not that my wife will ever hear it...guess I have to teach her about something called a clutch first... <_< )
 
Kinda funny how you missed the whole point.. just as long as you can envision the way to keep NIC... you seem to be OK with the notion that there is no contract without a CBA.. yet without a CBA there would be nothing preventing Dougweiser from having everyone under a Mesa contract. If someone is willing to live under Mesa as long as NIC lives, what windfall would make up for that? :rolleyes:

Hint: Try to find an East pilot willing to live under Mesa rules in exchange for DOH. Who sees a windfall?

Could you show us where in the RLA it says that a contract is dependent on a CBA?

A contract stays in place until changed. Example. USAPA replaced ALPA. The contract remained in force. Replace USAPA with no CBA contract remains in place.

It appears that trying to throw fear into the mix is now the strategy from the east. No USAPA no contract so scary. Is reality starting to creep in? Where is the confidence of DOH being a core union principle and DFR can not be questioned?
 
For cactusboy:...I've said this in various venues before, but it's a matter of public record: SK was on a nationally televised interview discussing the industry a few months ago.

He said that USAirways, with it's new $140/barrel business plan, was profitable at $115/barrel

Now, between BOB..checked bags, 10% capacity cuts...et al...how much more profitable is the company at $45/barrel?

The money is there at these prices...the difference is, it's going in management pockets..and not ours....and we will both blame each other's sides for it.
 
Interesting!!!

USAPA Update
December 16, 2008

Item One: Recent developments in Count Three of the Addington litigation, which allege a duty of fair representation (DFR) violation by USAPA, have caused USAPA to make changes to the roles of our legal team. Those changes have resulted in increased responsibilities for Attorney Jim Brengle.

Mr. Brengle has already been in the employ of USAPA as a consultant. As a trial attorney, he brings depth to a team that has served us with great talent and professionalism. Lee Seham will, of course, remain as our Chief Strategist for the trial and General Counsel for USAPA. Lee’s firm has committed many resources to our legal strategy and we look forward to his continued role.

The reasons for this change began last week when the Plaintiffs listed Lee Seham as one of the 80 witnesses they would be calling. Next, they said they were reserving the right to disqualify Lee as trial counsel due to the need for him to testify. Lastly, Plaintiff’s counsel made a motion to compel the production of all client communication between Lee and USAPA. We concluded that there would be an effort to compel Lee to withdraw as trial counsel and/or the Plaintiffs would make a motion to the court to that effect.

Last Friday the Board of Pilot Representatives conducted a closed session meeting to discuss and evaluate legal strategy. At that time, the Board made the decision to avert any conflict on this issue and use the resources that Jim Brengle and his staff bring to the team. Since Mr. Brengle had already been employed by USAPA regarding this litigation, his movement to this new role is a natural progression that will enable USAPA to seamlessly augment the legal team while retaining the highly-competent strategic counsel that Mr. Seham’s firm already provides.

We remain highly confident in the capabilities of our legal team and look forward to working with Mr. Brengle in his increased role. Click here to review Jim’s resume.
 
I'm not sure "interesting" is the word...

smart strategerie...maybe. Hey, we have lots more $$ to work with now that your AOL gurus have "spoken"....

(we all need to join USAPA now, or we're F'd...)

Or whatever the exact wording was...

You haven't thrown down your prayer rags after Judge Wakes opinion....did you?

We all have lots of money to burn on this....hope you do too.

(oops, maybe I just gave you a 'deepened"...you're welcome.)
 
Kinda funny how you missed the whole point.. just as long as you can envision the way to keep NIC... you seem to be OK with the notion that there is no contract without a CBA.. yet without a CBA there would be nothing preventing Dougweiser from having everyone under a Mesa contract. If someone is willing to live under Mesa as long as NIC lives, what windfall would make up for that? :rolleyes:

Hint: Try to find an East pilot willing to live under Mesa rules in exchange for DOH. Who sees a windfall?

Did I miss the whole point of a hypothetical scenario that is based in a mild threat that we should keep USAPA or else the world will end...HA! thanks for looking out for us lol. You guys also forgot to mention that there are some airlines without unions that have better benefits than LOA93! (aka JetBlue)
 
Did I miss the whole point of a hypothetical scenario that is based in a mild threat that we should keep USAPA or else the world will end...HA! thanks for looking out for us lol. You guys also forgot to mention that there are some airlines without unions that have better benefits than LOA93! (aka JetBlue)
Not for long...JBLUE pilots recently filed paperwork for unionization. ( IN HOUSE)

Fun times are all over for them too...
 
If that were to occur isn't that a really good reason for USAPA to accept Nicolau and move on rather than potentially allowing that scenario to occur?

In theory, that would appear to be true. I think the reality is that so many pilots on the east feel they have almost nothing to lose by taking this to the bitter end. If Nicolau is forced on them, many will leave for greener pastures anyway since there will be no opportunity for advancement here.

There have been noises about the judge telling Parker how to manage seniority, but he can't really do that. He can certainly force Nicolau into the contract, and then the company would have to live with that as long as there actually WAS a contract. Bankrupt the CBA and the contract disappears (because one of the parties to the contract no longer exists.) The judge then cannot dictate how Parker can run his business. If Parker decides to say, close the BOS crew base, he can simply furlough all the BOS pilots. Or, if it's time to get rid of the 737's one day, he can simply furlough all the 737 pilots across the board. And no federal judge can tell him otherwise and make it stick.

All True. Remember this, If any of this happens, the East pilot group is singularly responsible for all of it. You guys have done more to damage this profession than any management group in history.

Maybe you're right. But we certainly had the best examples toward which to lower ourselves (literally) when it comes to hurting the pilot profession. When it came time for the ALPA bed-wetters and weak sisters to give things away, whose contract did Crystal City shoot for? Yes...the worst in the business. And then we merged with them, to boot!
 
Absolutely correct.

The West, in their zeal to "destroy USAPA" will bring an unchecked beatdown of unmeasureable proportions upon the pilots left standing. Maybe , in their minds, this would be good.

Frankly, at this point I don't care if we burn the place (EDIT BY MODERATOR) down. All my friends at my seniority couldn't care less (EDIT BY MODERATOR) what happens after this.

And most of us reach this point because we have twice the time (on paper) at this company than our uppity west "brothers"...who "saved us".

Be careful what you wish for: we may just leave you a smoking pile of nothing to take over.

MOD NOTE: Using symbols in the place of profanity is not permitted. Keep it clean.
 
Vi the fastest thing I have ever driven was a 69 vette with a 427 tri-power -- what a ride. Happy Holidays to all.
 
Happy Holidays to you too...seriously.

( I should NEVER let my wife touch that car....)

And I may not.

I've wanted this car my whole life.....my wife thinks it's a toy.

( I think she's a toy...)


hmmmm.
 
Absolutely correct.

The West, in their zeal to "destroy USAPA" will bring an unchecked beatdown of unmeasureable proportions upon the pilots left standing. Maybe , in their minds, this would be good.

Frankly, at this point I don't care if we burn the %*&^($ down. All my friends at my seniority couldn't give 2 ^@%($ what happens after this.

And most of us reach this point because we have twice the time (on paper) at this company than our uppity west "brothers"...who "saved us".

Be careful what you wish for: we may just leave you a smoking pile of nothing to take over.

Interesting: 8 months ago all of usapa was planning their takeover "of the world." All of the DOH'ers were looking forward to getting a new, top of the line CBA within two months.....

Fast forward to today: usapa is hiring more lawyers, stumbling miserably in its contract negotiations, and planning its "Kuwait-style" exit strategy......

Did you guys hire Baghdad Bob as your com chair, too?
 
USAPA is defending their right to a fair and equitable trial. Based on the "ever-changing" west agenda...I agree completely with their thinking.
That you have a problem with it concerns me none.

I admit, I'm sick of having these exchanges with you guys. Its always the same.

But, I am far from alone in saying that you will not "outlast" the East resolve.

I'm sure that (under different circumstances) we might be friends....

But until that day arrives?

Happy Holidays...see you in court...(over and over...)
 
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