US Airways Pilots' Labor Thread 5/19-5/26 READ THE FIRST POST

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Both sides need to stop the rhetoric and let this process unfold until it has run its course. The childish banter back and forth between east/west posters has gone far beyond reasonable debate. I am a west pilot with what I guess you can call a moderate opinion. I saw the potential complications as soon NIC was announced. I won’t bore any of you with all my perceived NIC problems, but suffice to say I did see why the east was angry over being slotted next to a guy/gal with decades less time with the Company. I personally did not see how it was equitable to have a pilot with a 16-year tenure placed next to someone with 1-2 years.
After thoughtful discussion with many pilot friends in the military and airline industry, one theme kept reoccurring over and over with many not knowing much about US Airways history. Most were somewhat shocked to hear a bottom guy on the east seniority list had 16 years with the company. Indeed, we empathized with any pilot caught up in that kind of misfortune and disastrous career, but the reality all recognized was that bottom guy really had no more seniority than the bottom guy at AWA. I know, sound like the typical west post but bear with me here.

One thing that has not been given much attention is the east longevity and how that plays into the mix of things. It is true with the NIC that for the most part everyone maintains their seniority relative to the respective lists, but what about the equitable time spent with the company, surely it must amount to more if you have been with a company for 16 years versus 2? I do think an employee with more “sweat equityâ€￾ deserves credit for time served so to speak. Unfortunately, the east pilots have equated seniority with sweat equity (longevity) and that has muddied the waters to the point of becoming the common rallying cry. I suggest the east has retained it’s superior longevity over the west and here is the reason. That same guy with 16 years “sweat equityâ€￾ will be paid for his 16 years of service while the guy next to him with 2 years will be making a whole lot less while basically performing the same job. Thus the east has the equitable advantage in any new contract. I am afraid though the east will exploit this reality in any TA to balance the perceived unfairness with the NIC by creating lopsided salary scales that heavily favor the east longevity. Pay has and always will be determined based on longevity, not seniority, so there is a real possibility west pilots will see little to no raise in a TA.

More to come…

upe
 
I saw the potential complications as soon NIC was announced. I won’t bore any of you with all my perceived NIC problems, but suffice to say I did see why the east was angry over being slotted next to a guy/gal with decades less time with the Company. I personally did not see how it was equitable to have a pilot with a 16-year tenure placed next to someone with 1-2 years.
You're a west pilot... :lol:

Ok...I'm an east pilot! How's that!
 
Ni4, I assume so. I hope so. If we can vote as a whole on your age 58, then you have a right to vote on our retirement investigation assessment, although I hear West wont be assessed. Im into the democracy thing. By a 11-3 vote, we voted to appeal DFR. We"ll play it out. We cant appeal until his remedy is released. Just like the pension investigation (if it passes), we need the closure on the DFR. If we lose, its over and Nic is in any TA put out for vote.

Well I am now about 99% with you on the age 58 issue. But I still think USAPA should have gotten something other than goodwill for changing it. I guess it boils down to which came first, the company's desire to change the rule, or the Captain knocked off lineholder status request to the union.

On the topic of the 11-3 vote. Where the 3 opposed all West? and/or how many votes does the west have? I was under the impression it was 3 but have forgotten how they are divided up. Also, with 14 votes total USAPA has a minor issue in that you could come up with a tie by having an even number of votes, perhaps the West should have 6 if you intend to be democratic, after all the west is about 6/17ths of the pilot group.
 
And I still dont see your angle. Spending all that time in court, all the time on this chat. Either you bored, are totally narsisistic enjoying the spolight you created for yourself or your shilling for the company or the west or ALPA or any and all of them.

Spotlight? Oh yeah, my door has dimples in it from all the knocking that has occurred.

Company shill? Remember that I needed to be told the name of the attorney in the court room?

Shilling for West? Nope. If you paid attention previously you will notice that I have occasionally differed from their opinions. Shill for ALPA? Nope again. I doubt they know I am alive let alone shilling.

Narcissistic? Did my wardrobe in court give you that hint?

Finally we are left with bored. That perhaps is closest to the truth. I am now a stay at home spouse. So while the laundry is washing or the dinner is cooking I have time to check in on all the excitement to liven up my stay-at-home life.

So now I ask why you seem to persist in thinking I must have an "angle" to participate in the discussion on a public message board?
 
Well I am now about 99% with you on the age 58 issue. But I still think USAPA should have gotten something other than goodwill for changing it. I guess it boils down to which came first, the company's desire to change the rule, or the Captain knocked off lineholder status request to the union.

Nic4, you know we only operate in the best interests of ALL our pilots, demanding no credit in return(Tongue in cheek, 4). This was started by the complaining pilot. We didnt care because our language and obvious intent allowed the immediate change. But keep in mind, our language is not 2 years freeze, its 6 months prior to mandatory retirement date. I almost take the company for their word they hadnt thought about this. Unfortunately, some of your "West World" flame throwers would rather see that 737 CA stuck on reserve, losing money for the next 6 years, all for the 0% chance of using this as leverage. As career stagnation continues here, we could end up with hundreds of 58+ FOs who could bid CA in the first expansion bid. Thats whether we"re still separate or combined. Your Luvn-types would deny their own 58+ FOs the right to upgrade and reach the highest career goal for all pilots, the left seat. He argues its a "win-win," drawing CA pay while in the FO seat and allowing junior FOs to jump them to the CA seat. Major Problems with that. Its a violation of seniority, against the Federal Law and theres no way the company would pay it. Theyd never allow 60% of pilots drawing CA pay. There never was any leverage there.

Now, can I get that extra 1% out of you?

On the topic of the 11-3 vote. Where the 3 opposed all West? and/or how many votes does the west have? I was under the impression it was 3 but have forgotten how they are divided up. Also, with 14 votes total USAPA has a minor issue in that you could come up with a tie by having an even number of votes, perhaps the West should have 6 if you intend to be democratic, after all the west is about 6/17ths of the pilot group.

Not much doubt where the 3 no-votes came from. The 14 votes is a moving/expanding target. The more pilots join out west, the more BPR votes you get. Add more LAS members and you get another vote. I think thats how this works. But as split as we are, you really think theres a vote tie anywhere in our future?

Finally we are left with bored. That perhaps is closest to the truth. I am now a stay at home spouse. So while the laundry is washing or the dinner is cooking I have time to check in on all the excitement to liven up my stay-at-home life.

So now I ask why you seem to persist in thinking I must have an "angle" to participate in the discussion on a public message board?

So touchy today, hp. Bored works, good angle as any. During the summer when not flying, I get bored too. Not much to do on the farm except watch the corn-ethanol crop grow and hope we dont have a hail storm. Laundry? cooking dinner? Hp, you got to get out more. snoopy
 
The longer this drags out the stronger the perception that a negotiated settlement of the settlement needs to occur. The latest newbie post indicates that some folks feel that if the west would simply go along with circumventing the arbitration, there would be peace in the land. This is and always has been about preserving the arbitration process. If during the next merger some other means of determining seniority is preferred, then that should be what is followed. But if one side with an overwhelming number of votes is allowed to dictate the outcome, why have a joint process at all?

Time is blurring the memories of those inside and outside the conflict and sides are hardened over positions that are not even part of the original issue. While fairness of the outcome is a crucial principle, it isn't the subject of the current debate. Currently the debate centers on does USAPA need to support the west pilot's arbitration award. The AOL pilots say a deal is a deal, but the east pilots say that the deal is unfair, so it's an illegitimate solution. But again, the debate here is not on fairness, but on the obligation of USAPA to do something, even if a majority of it's members oppose it.

The 9th Circuit doesn't need to see why USAPA justifies it's position. Their motives were not on trial, their actions were. That's while the appeal is likely to fall flat.
 
I almost take the company for their word they hadnt thought about this. Unfortunately, some of your "West World" flame throwers would rather see that 737 CA stuck on reserve, losing money for the next 6 years, all for the 0% chance of using this as leverage. As career stagnation continues here, we could end up with hundreds of 58+ FOs who could bid CA in the first expansion bid. Thats whether we"re still separate or combined. Your Luvn-types would deny their own 58+ FOs the right to upgrade and reach the highest career goal for all pilots, the left seat. He argues its a "win-win," drawing CA pay while in the FO seat and allowing junior FOs to jump them to the CA seat. Major Problems with that. Its a violation of seniority, against the Federal Law and theres no way the company would pay it. Theyd never allow 60% of pilots drawing CA pay. There never was any leverage there.

Now, can I get that extra 1% out of you?

I'm glad you're not handling all grievances. Why would USAPA let the company off the hook for going through the process (you folks are a "let's see the process play out" types) and determine whether or not the company should be held accountable (sorry I won't use such foul language here again) for their contractual obligations (oops, sorry again). Why don't you want the company to have to negotiate with the union to improve it's side of the contract? How many other provisions do you think the company would like to have changed? The precedent has been set: negotiate by memo and IOU. How much relief has USAPA granted the company on the east contract for things they'd rather not pay for?

Why had the age 58 bypass worked well for years, but in 10 months on the job, USAPA saw the need to trash it at the company's request.

"No leverage" . And why did the east hate ALPA so much?....
 
While fairness of the outcome is a crucial principle, it isn't the subject of the current debate.

Fairness wont be the subject of the appeal. Itll be based on our perceived judicial error. This has to play out. Its business. Time to set emotions aside, stop speculating on the results and just let it play out.

The longer this drags out the stronger the perception that a negotiated settlement of the settlement needs to occur.

That may be what happens, but its not my perception we"ll go that way. I rather let this play out. Problem is, who does USAPA negotiate with? The class? 2 furloughed pilots who cant even vote? 2 junior FOs? A down-graded CA? Do the AOL-6 really represent the majority of West pilots? Do they have the right to negotiate for your top 20%? And if judged by the judge that they do, arent they bringing their own axes to the table to grind?

Currently the debate centers on does USAPA need to support the west pilot's arbitration award. The AOL pilots say a deal is a deal, but the east pilots say that the deal is unfair, so it's an illegitimate solution. But again, the debate here is not on fairness, but on the obligation of USAPA to do something, even if a majority of it's members oppose it.

This appeal has nothing to do with unfairness (East) or a deal is a deal (west). Its all about judicial error. And reading the details of a recent shoot first and ask questions later 180 reversal by the honorable judge Wake, no telling how his remedy will turn out. It might be not worth appealing. One more time to correct a common West error, the honorable judge did not write "THE" book on appeals, he co-authored "A" book on criminal appeals procedures in Arizona law.

The 9th Circuit doesn't need to see why USAPA justifies it's position.

And they wont see our position, just our view of judicial error.

Their motives were not on trial, their actions were. That's while the appeal is likely to fall flat.

Predictions are like opinions, everyones got one.


Finally we are left with bored. That perhaps is closest to the truth. I am now a stay at home spouse. So while the laundry is washing or the dinner is cooking I have time to check in on all the excitement to liven up my stay-at-home life.

So now I ask why you seem to persist in thinking I must have an "angle" to participate in the discussion on a public message board?

So touchy today, hp. Bored works, good angle as any. During the summer when not flying, I get bored too. Not much to do on the farm except watch the corn-ethanol crop grow and hope we dont have a hail storm. Laundry? cooking dinner? Hp, you got to get out more. snoopy
 
Spotlight? Oh yeah, my door has dimples in it from all the knocking that has occurred.

Company shill? Remember that I needed to be told the name of the attorney in the court room?

Shilling for West? Nope. If you paid attention previously you will notice that I have occasionally differed from their opinions. Shill for ALPA? Nope again. I doubt they know I am alive let alone shilling.

Narcissistic? Did my wardrobe in court give you that hint?

Finally we are left with bored. That perhaps is closest to the truth. I am now a stay at home spouse. So while the laundry is washing or the dinner is cooking I have time to check in on all the excitement to liven up my stay-at-home life.

So now I ask why you seem to persist in thinking I must have an "angle" to participate in the discussion on a public message board?

Well, I imagine you are doing this for at least a research paper/thesis.

Or, maybe you see the opportunity to write the first book on this fiasco.

If not, you should. I just suggest a bit more even approach, or at least let the reader know that you might be biased to the HP side of things due to your background.
 
Well, I imagine you are doing this for at least a research paper/thesis.

Or, maybe you see the opportunity to write the first book on this fiasco.

If not, you should. I just suggest a bit more even approach, or at least let the reader know that you might be biased to the HP side of things due to your background.


Yeah, because you certainly aren't biased.... :rolleyes:

As for an even approach? HP FA noted that he saw that USAPA was losing in court, and that the jurors seemed to be siding with the plantiffs.

And, oddly enough, he was right. Imagine that. I guess he should have just lied about what was going on in court? Oh, wait, that is what the USAPA newsletters were for!
 
Fairness wont be the subject of the appeal. Itll be based on our perceived judicial error. This has to play out. Its business. Time to set emotions aside, stop speculating on the results and just let it play out.

Sage advice! I sincerely hope the east finally begins to make sound business decisions based on financial fundamentals. The emotional train wreck will only lead to a dead end and empty wallets.

Be prepared to make hard business decisions once the theory of judicial error is quickly rejected. Unlike most of the west pilots I speak with me, I think the Federal Court injunction will be a simple and straightforward USAPA obligation to negotiate a TA with NIC untouched, period. The real leverage on USAPA to negotiate a TA in a timely manner will be applied in the damages trial later in the Fall. The damages will be cumulative over time until USAPA has shown good faith effort in obtaining a TA that benefits ALL US Airways pilots. This is to be expected when you are guilty of violating Federal Law.

BTW, we will know if the Ninth thinks there is any meat to USAPA claims of judicial error relatively quick when the Motion for Emergency Stay is denied or granted. If it's denied, I give USAPA 0.000009% chance of success. The Ninth has already rejected USAPA appeals over ripeness and jurisdiction, which makes some of the USAPA banter over the merits of this appeal so comical.

upe
 
Fairness wont be the subject of the appeal. Itll be based on our perceived judicial error.
From USAPA itself:
As you evaluate that last statement, consider the following:


The legal standard applicable to seniority integration issues is that a union may operate within a “wide range of reasonableness.†Nevertheless, the court prohibited USAPA from telling the jury that every other unionized employee group on the property has applied DOH without any conditions and restrictions to protect the interests of their West counterparts.

In other words, this is why we think the Nicolau award is UNFAIR


The Ninth Circuit, to whose precedent this court is obligated to defer, has held that DOH is inherently fair and equitable and “well within†a wide range of reasonableness. Nevertheless, the court rejected USAPA’s request that the jury be instructed on this legal standard.

In other words, this is why we think the Nicolau award is UNFAIR

Existing legal precedent recognizes a union’s right to revisit a “final and binding†seniority integration arbitration decision if the union has a principled objection to the result. Nevertheless, the court prohibited USAPA from presenting any evidence to the jury concerning the inequities of the Nicolau Award, both with respect to its disregard of DOH and its violation of the arbitrator’s own rationale in treating Mid-Atlantic pilots as furloughees.

In other words, this is why we think the Nicolau award is UNFAIR

The United States Supreme Court has held that, in order to establish that a union has engaged in bad faith conduct, there must be substantial evidence of fraud, deceitful action or dishonest conduct. Despite the fact that the plaintiffs alleged bad faith, the court rejected USAPA’s request that the jury be instructed on this legal standard.

The letter to Bradford from his attorney seems to indicate there were alterior motives in the establishment of USAPA. Bradford could have come forward and explained, but he chose not to. Was he worth the money paid to him?

The court instructed the jury that USAPA was bound by the internal merger policy of a de-certified predecessor and prohibited USAPA from presenting evidence, including the West MEC’s legal brief authored by West merger attorney Jeff Freund in the inter-MEC litigation, that the Nicolau Award was nothing more than ALPA’s “proposal.â€

Does USAPA really think the case would be overturned on a lawyers opinion about the list that may or may not have been taken out context? Did the jury get a copy of the TA specifying what would constitute an acceptable seniority list?

Sorry, but it reeks of a union trying to use a "justifyable rape" defense.
 
You're a west pilot... :lol:

Ok...I'm an east pilot! How's that!

Yes I am.

I also don't expect many changes from the court decision besides more of nothing. Granted, after the damages trial the east pilots will likely have to pay all west attorney fees and other money damages on a fixed and cumulative arrangement. But, we still need both USAPA AND the Company to negotiate in good faith. The west notion that the Company wants to get a combined contract anytime soon is nonsense. The Company is banking (literally) this dispute to the tune of hundreds of millions of dollars. I'd say they'd be glad to continue being "innocent" bystanders. There is no pending merger, no urgency whatsoever that will compel them to do anything else than what they have done thus far...reap $$$ off the war raging pilots. Why do you think they requested mediation under the TA and rejected USAPAs overture with the NMB?

upe
 
Well, I imagine you are doing this for at least a research paper/thesis.

Or, maybe you see the opportunity to write the first book on this fiasco.

If not, you should. I just suggest a bit more even approach, or at least let the reader know that you might be biased to the HP side of things due to your background.

Hi NYC.

Two things. First, I have previously stated in these forums regarding any biases that I knowingly carry into this discussion. The first is that I did work for AWA and the second is that my personal feeling is that a promise is a promise. In this case the promise was the parties agreeing to final and binding arbitration and one side has seemingly breached that agreement. So those are my two biases. That doesn't mean that I automatically think all East folks are bad people nor does it mean that all West folks should be sized for angel wings. But it does mean that I generally favor the positions of the West folks and freely admit it. However I do try to keep an open mind about everything I hear or read. An example is when I heard Seham first mention status quo ante, which surprised the heck out of me coming from him. I mentioned all of that as soon as I got home and to my keyboard after court that evening.

As for the book I see no commercial value in doing it. I can't imagine that the public-at-large is interested in the subject matter and my legal writing ability is not up to the skill required for writing a text for law school students or labor lawyers.
 
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