Hey all - want daily updates on the "the experiment?"
Check this out:
http://www.usapawatch.com/
Updates are always informative.
Leonidas Update for October 5, 2008
First item: Both the company and "our" union from the recesses of North Carolina filed their respective motions to dismiss this week. Both motions seek to challenge the jurisdiction that the Federal District court has over the subject matter and both attempt to dismiss our preliminary injunction request on those grounds. You might be wondering how it is possible that the trial court at the federal level would not have jurisdiction, and the answer lies in how the Founding Fathers wrote our Constitution. Article I set up the Legislative Branch, Article II set up the Executive Branch, and Article III set up a federal court system. The only court expressly created in the Constitution is the Supreme Court of the United States. However, Congress was given the power to create "inferior courts," which is how our federal appellate courts and our district courts came into existence. Congress was also given the power to delineate the jurisdictional limits for all federal courts (even the Supreme Court), subject to certain limitations not applicable to our discussion. Whether our case belongs in the federal district court therefore starts with legislation enacted by Congress which we know all of you have heard of: the Railway Labor Act. Under the RLA, federal courts are mostly divested of jurisdiction over controversies involving labor disputes until an administrative process is complete.
Not surprisingly, the company, and the union which represents a faction of East pilots are both arguing that we have not exhausted our administrative remedies. What neither motion mentions is that exceptions do exist that enable parties in our exact position to go straight to federal court. We would not expect either of the opposing parties to argue our position for us, so it is no surprise that both motions were silent as to the Ninth Circuit and Supreme Court case law that closely fit our circumstances. We find it curious that the union, which is supposedly trying to prevent the West furloughs through the grievance process, so adamantly opposes our injunction request designed to do the same.
Our response is in the final revision stages and will be filed by the end of this week. Although we will not say anything more about our arguments until the response is filed, we would like to state that your legal team anticipated the arguments set forth in both motions to dismiss “ neither the union, nor the company presented us with any surprises. Following our response, each opposing party will have until October 17th to file briefs that respond to our response. After that, Judge Wake will either rule based upon the briefs submitted, or rule after hearing oral arguments from all parties which is tentatively scheduled for October 29th.
Second item: True to form and always consistent, USAPA spent yet another week on "Fantasy Island," this time sending Mr. Roark a date-of-hire seniority list on the eve of the out-of-seniority furloughs on the West. Only in USAPA-land could such a twisted act be celebrated and spun as a milestone accomplishment. Never mind that the furloughs are taking place out of order (no matter which method you prefer), and never mind that our union said nothing about management's non-compliance with the Transition Agreement. To top off yet another week of delusion, USAPA Grievance Committee Chairperson, Tracy Parella, sent out a special update blasting management for what USAPA says is an improper application of contractual rates of pay to the former MDA pilots. Wow. What fight. Finally, the last scene on "Fantasy Island," starred the USAPA Negotiating Advisory Committee when it published it's "Pay Proposal" to the company. Had the 'Coast to Coast' unity campaign taken hold and had true leverage been exerted on our management team, these rates may have been within our grasp, but thanks to the USAPA experiment and the choice of its voters to seek no other goal than to disavow their obligations to the West (and the very principles of integrity and honor), these rates border on comical and delusional. Simply put, we wish this were not the case. One can only imagine how difficult it is going to be for many frustrated and misguided East pilots when the reality of Nicolau and parity deliver their one-two punch.
Later this week, we will begin publishing a running total of just how much this USAPA experiment (and all that preceded it), has actually cost our pilot group. We will further illustrate just how much damage the USAPA founders have done to our industry, our finances, and our families. Suffice it to say that the numbers are breathtaking, and though expensive on both sides of the Mississippi, the damages are far greater on the East. It must also be noted that what we have lost, management has gained. It is funny how the old East MEC and the USAPA founders all claimed that the West had "won the lottery" with the Nicolau award. If that were the case, then management must feel like they hit the biggest "Power Ball" jackpot ever, thanks to FO Bradford and USAPA.
Say hello to "Tattoo" for us when you leave the island folks.
On different note, Leonidas LLC has recently become aware of a new website named, "The Eye on USAPA." It's web address is www.usapawatch.com. We will state unequivocally that there is no association, either direct or implied, between the "Eye" and Leonidas. Although this probably won't stop those who have a long history of making their own reality and then acting upon it, our statement of "no association" is for the benefit of the rest of the world not residing on 'fantasy island'. That being said, we at Leonidas certainly appreciate the efforts of others to shine the light of truth. "Eye" is a website well worth visiting. The problem for USAPA is that truth has a way of popping up everywhere.
Lastly, many of you have asked if we will honor your donations to AWAPPA in support of this legal campaign by providing the corresponding badge backer in appreciation. We do plan to do this once we have received the promised funding and accounting of your donations from AWAPPA, though at present, we do not know when that will occur. We appreciate your patience in this matter and will advise you when those transfers take place.
Thanks again for everyone's financial, intellectual and moral support.
Leonidas LLC